{"id":"qld:sl-2026-0120","name":"Housing Regulation 2026","slug":"housing-regulation-2026","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"120 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":579797,"registerId":"qld-qld:sl-2026-0120-current","compilationNumber":null,"startDate":"2026-09-01","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 2026 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2026.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\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","content":"### sec.4 Ancillary housing services— Act , s 8\n\nFor section 8 (5) (b) (vii) of the Act , a housing-related education or employment service is prescribed as an ancillary housing 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\nFor section 33 of the Act , this 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.","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 effect; and\nthe funded provider—\nis required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and\nhas not spent the amount before the end of the period.\nThe chief executive may, by 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 notice.\n(sec.8-ssec.1) This section applies if— a funding agreement with a funded provider is in effect; and the funded provider— is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and has not spent the amount before the end of the period.\n(sec.8-ssec.2) The chief executive may, by 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 notice.\n- (a) a funding agreement with a funded provider is in effect; and\n- (b) the funded provider— (i) is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and (ii) has not spent the amount before the end of the period.\n- (i) is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and\n- (ii) has not spent the amount before the end of the period.\n- (i) is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and\n- (ii) has not spent the amount before 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 with a funded provider is in effect; 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 effect; or\nwhen the funding agreement ends.\nThe chief executive may, by notice (a payment notice ) given within 12 months after the end of a financial year (the notice year ), require the funded provider to pay the chief executive an amount that is not more than the accumulated unspent receipts for the notice year.\nIf the funded property to which the funding agreement relates was not acquired, constructed or improved wholly using receipts for a housing service, the amount of the accumulated unspent receipts must be reduced by the offset percentage for the funded property.\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 notice.\nIn this section—\naccumulated unspent receipts , for a notice year, means an amount equal to the receipts amount less—\nthe spent amount; and\nthe repaid amount.\noffset percentage , for a funded property, means the amount of money other than receipts that is used to acquire, construct or improve the funded property, expressed as a percentage of the total cost of acquiring, constructing or improving the funded property.\nA funding provider acquires a funded 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 with a funded provider is in effect; 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 effect; or when the funding agreement ends.\n(sec.9-ssec.2) The chief executive may, by notice (a payment notice ) given within 12 months after the end of a financial year (the notice year ), require the funded provider to pay the chief executive an amount that is not more than the accumulated unspent receipts for the notice year.\n(sec.9-ssec.3) If the funded property to which the funding agreement relates was not acquired, constructed or improved wholly using receipts for a housing service, the amount of the accumulated unspent receipts must be reduced by the offset percentage for the funded property.\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 notice.\n(sec.9-ssec.5) In this section— accumulated unspent receipts , for a notice year, means an amount equal to the receipts amount less— the spent amount; and the repaid amount. offset percentage , for a funded property, means the amount of money other than receipts that is used to acquire, construct or improve the funded property, expressed as a percentage of the total cost of acquiring, constructing or improving the funded property. A funding provider acquires a funded 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 with a funded provider is in effect; 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 effect; or (ii) when the funding agreement ends.\n- (i) while the funding agreement is in effect; or\n- (ii) when the funding agreement ends.\n- (i) while the funding agreement is in effect; 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 a registered provider; 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 a registered provider; and\n- (b) the chief executive gives the funded provider written approval to use the funded property as security for the loan.","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 ancillary housing service for the whole of the financial year; or\nstops providing the ancillary housing service before complying with this section.\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 ancillary housing service for the whole of the financial year; or stops providing the ancillary housing service before 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 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 properties.\nThe purpose of an asset management plan is—\nto maintain the long-term viability, and value, of the funded property; and\nto ensure 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 properties.\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 to 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) to maintain the long-term viability, and value, of the funded property; and\n- (b) to 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":"Compliance with Queensland privacy principles","content":"### sec.13 Compliance 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.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Eligibility assessment and allocations policy—social housing service","content":"### sec.14 Eligibility assessment and allocations policy—social housing service\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 Social Housing Allocations Policy.\nIn this section—\nSocial Housing Allocations Policy means the chapter of that name in the Social Housing Policy published on the department’s website.\nSocial Housing Eligibility Criteria means the chapter of that name in the Social Housing Policy published on 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 Social Housing Allocations Policy.\n(sec.14-ssec.3) In this section— Social Housing Allocations Policy means the chapter of that name in the Social Housing Policy published on the department’s website. Social Housing Eligibility Criteria means the chapter of that name in the Social Housing Policy published on 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 Social Housing Allocations Policy.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application for social housing service","content":"### sec.15 Application for social housing service\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.\nIf the funded provider is not 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) If the funded provider is not 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 service","content":"### sec.16 Eligibility policy for ancillary housing service\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 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.\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 for the ancillary housing service; and implement the eligibility policy for the ancillary housing service consistently and fairly.\n(sec.16-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) keep 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":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 a housing service for residential use.\nThe funded provider must—\nkeep a rent policy for the housing; 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 the calculation of rent payments for the tenant for the period—\nstarting on the day the tenant is required to start paying rent; and\nending on the day that is 6 months after the last day the tenant is required to pay rent.\nIn this section—\nrent policy , for housing for residential use, means a policy that—\nstates the criteria and procedures relating to rent payable by a tenant for the housing, including, for example, about—\nsetting the amount of rent; and\ncalculating rent payments; and\ncollecting rent; and\nmanaging rent arrears; and\nprovides for—\nexplaining the calculation of rent payments to the tenant and dealing with 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 housing.\ntenant means an individual to whom housing is provided for residential use.\n(sec.17-ssec.1) This section applies to a funded provider that receives funding to provide a housing service for residential use.\n(sec.17-ssec.2) The funded provider must— keep a rent policy for the housing; 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 the calculation of rent payments for the tenant for the period— starting on the day the tenant is required to start paying rent; and ending on the day that is 6 months after the last day the tenant is required to pay rent.\n(sec.17-ssec.5) In this section— rent policy , for housing for residential use, means a policy that— states the criteria and procedures relating to rent payable by a tenant for the housing, including, for example, about— setting the amount of rent; and calculating rent payments; and collecting rent; and managing rent arrears; and provides for— explaining the calculation of rent payments to the tenant and dealing with 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 housing. tenant means an individual to whom housing is provided for residential use.\n- (a) keep a rent policy for the housing; and\n- (b) implement the rent policy consistently and fairly.\n- (a) starting on the day the tenant is required to start paying rent; and\n- (b) ending on the day that is 6 months after the last day the tenant is required to pay rent.\n- (a) states the criteria and procedures relating to rent payable by a tenant for the housing, 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 the calculation of rent payments to the tenant and dealing with 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 the calculation of rent payments to the tenant and dealing with 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 housing.\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 the calculation of rent payments to the tenant and dealing with 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 chief executive may require the funded provider, within the period stated by the chief executive, to 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 chief executive may require the funded provider, within the period stated by the chief executive, to 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 service","content":"### sec.19 Information about housing service\n\nThis section applies to a funded provider that receives funding to provide a housing service.\nThe chief executive may, by notice, require the funded provider to give the following information to the chief executive—\ninformation, including, for example, financial information, about the housing service;\ninformation about the use of a funded property for the housing service;\nnon-identifying information about a client of the funded provider;\nany other information relating to the funding the chief executive considers appropriate.\nThe funded 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.\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 notice, require the funded provider to give the following information to the chief executive— information, including, for example, financial information, about the housing service; information about the use of a funded property for the housing service; non-identifying information about a client of the funded provider; any other information relating to the funding the chief executive considers appropriate.\n(sec.19-ssec.3) The funded provider must comply with the request within the period 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, for example, financial information, about the housing service;\n- (b) information about the use of a funded property for the housing service;\n- (c) non-identifying information about a client of the funded provider;\n- (d) any other information relating to the funding 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.3","sectionType":"part","heading":"Housing services requirements—BTR providers and HIF providers","content":"# Housing services requirements—BTR providers and HIF providers","sortOrder":24},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Definitions for part","content":"### sec.20 Definitions for part\n\nIn this part—\nBTR provider means an entity 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 section 21 .\nHIF provider means an entity 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 22 .","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"What is the Build to Rent pilot project","content":"### sec.21 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.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"What is the Housing Investment Fund program","content":"### sec.22 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.\n(sec.22-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.22-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.23","sectionType":"section","heading":"Housing services requirements— Act , s 33","content":"### sec.23 Housing services requirements— Act , s 33\n\nFor section 33 of the Act , this 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 55 .","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Inconsistency with funding agreements","content":"### sec.24 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.24-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.24-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.3-div.2","sectionType":"division","heading":"Financial management and accountability requirements","content":"## Financial management and accountability requirements","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Using funding and receipts","content":"### sec.25 Using funding and receipts\n\nA 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.26","sectionType":"section","heading":"Using funded property as security","content":"### sec.26 Using funded property as security\n\nAn 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":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Financial statements for ancillary housing service","content":"### sec.27 Financial statements for ancillary housing service\n\nThis section applies to an 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 complying with this section.\n(sec.27-ssec.1) This section applies to an HIF provider that receives funding for an ancillary housing service.\n(sec.27-ssec.2) The HIF provider must prepare annual financial statements for each financial year in which the provider receives the funding.\n(sec.27-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.27-ssec.4) If the chief executive requests a copy of the annual financial statements, the HIF provider must comply with the request.\n(sec.27-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 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 complying with this section.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Asset management plans","content":"### sec.28 Asset management plans\n\nAn 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.\n(sec.28-ssec.1) An HIF provider must keep, and implement, a management plan (an asset management plan ) for each of the HIF provider’s funded properties.\n(sec.28-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 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.28-ssec.3) An asset management plan must include financial strategies for the plan’s implementation.\n(sec.28-ssec.4) 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.3-div.3","sectionType":"division","heading":"Governance and service delivery","content":"## Governance and service delivery","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Compliance with Queensland privacy principles","content":"### sec.29 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.","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Eligibility policy for social housing service","content":"### sec.30 Eligibility policy for social housing service\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—\nkeep 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.\n(sec.30-ssec.1) This section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.\n(sec.30-ssec.2) The BTR provider or HIF provider must— keep an eligibility policy for the social housing service; and implement the eligibility policy for the social housing service consistently and fairly.\n(sec.30-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) keep 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.31","sectionType":"section","heading":"Allocations policy for social housing service","content":"### sec.31 Allocations policy for social housing service\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—\nkeep 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.\n(sec.31-ssec.1) This section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.\n(sec.31-ssec.2) The BTR provider or HIF provider must— keep an allocations policy for the social housing service; and implement the allocations policy for the social housing service consistently and fairly.\n(sec.31-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) keep 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.32","sectionType":"section","heading":"Eligibility policy for ancillary housing service","content":"### sec.32 Eligibility policy for ancillary housing service\n\nThis section applies to an HIF provider that receives funding to provide an ancillary housing service.\nThe HIF provider must—\nkeep 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.\n(sec.32-ssec.1) This section applies to an HIF provider that receives funding to provide an ancillary housing service.\n(sec.32-ssec.2) The HIF provider must— keep an eligibility policy for the ancillary housing service; and implement the eligibility policy for the ancillary housing service consistently and fairly.\n(sec.32-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) keep 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.33","sectionType":"section","heading":"Rent policy for residential housing","content":"### sec.33 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 the calculation of rent payments 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 the calculation of rent payments 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.\n(sec.33-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.33-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.33-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.33-ssec.4) However, if a tenant pays rent for the housing service, the BTR provider or HIF provider must keep a record of the calculation of rent payments for the tenant for the period required under the funding agreement.\n(sec.33-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 the calculation of rent payments 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 the calculation of rent payments 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 the calculation of rent payments 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 the calculation of rent payments 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.34","sectionType":"section","heading":"Information about funded properties","content":"### sec.34 Information about funded properties\n\nThis section applies to an 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.\n(sec.34-ssec.1) This section applies to an HIF provider that receives funding to provide a social housing service.\n(sec.34-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.34-ssec.3) The HIF provider must comply with the request within the period stated in the notice.\n(sec.34-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.35","sectionType":"section","heading":"Information about housing service","content":"### sec.35 Information about housing service\n\nThis section applies to an 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, for example, financial information, about the housing service;\ninformation about the use of a funded property for the housing service;\nnon-identifying information about a client of the HIF provider;\nany other information about the funding 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 HIF provider; or\nhas applied to the HIF provider for a housing service; and\nincludes a tenant.\n(sec.35-ssec.1) This section applies to an HIF provider that receives funding to provide a housing service.\n(sec.35-ssec.2) The chief executive may, by notice, require the HIF provider to give the following information to the chief executive— information, including, for example, financial information, about the housing service; information about the use of a funded property for the housing service; non-identifying information about a client of the HIF provider; any other information about the funding the chief executive considers appropriate.\n(sec.35-ssec.3) The HIF provider must comply with the request within the period stated in the notice.\n(sec.35-ssec.4) In this section— client — means a person who— is receiving a housing service from the HIF provider; or has applied to the HIF provider for a housing service; and includes a tenant.\n- (a) information, including, for example, financial information, about the housing service;\n- (b) information about the use of a funded property for the housing service;\n- (c) non-identifying information about a client of the HIF provider;\n- (d) any other information about the funding the chief executive considers appropriate.\n- (a) means a person who— (i) is receiving a housing service from the HIF provider; or (ii) has applied to the HIF provider for a housing service; and\n- (i) is receiving a housing service from the HIF provider; or\n- (ii) has applied to the HIF provider for a housing service; and\n- (b) includes a tenant.\n- (i) is receiving a housing service from the HIF provider; or\n- (ii) has applied to the HIF provider for a housing service; and","sortOrder":43},{"sectionNumber":"pt.4","sectionType":"part","heading":"Contracts register","content":"# Contracts register","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Contracts register","content":"### sec.36 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.36-ssec.1) The chief executive must keep a contracts register.\n(sec.36-ssec.2) The chief executive may keep the contracts register in the form the chief executive considers appropriate.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Recording particulars in contracts register","content":"### sec.37 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, for example, the name of the purchaser;\nparticulars about a registrable document or other document relating to the section contract, including, for example, 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 usable 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.37-ssec.1) This section applies if a section contract is lodged with the chief executive.\n(sec.37-ssec.2) The chief executive must record the following particulars in the contracts register— particulars about the section contract, including, for example, the name of the purchaser; particulars about a registrable document or other document relating to the section contract, including, for example, 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 usable 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, for example, the name of the purchaser;\n- (b) particulars about a registrable document or other document relating to the section contract, including, for example, 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 usable record of the contract, including, for example— (i) when the section contract ends; and (ii) the reason for the section contract ending. Examples for subparagraph (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 subparagraph (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 subparagraph (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.38","sectionType":"section","heading":"Keeping other information","content":"### sec.38 Keeping other information\n\nThe chief executive may keep, separately from the contracts register, any information the chief executive considers necessary or desirable for the effective or efficient operation of the register.","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Documents forming part of contracts register","content":"### sec.39 Documents forming part of contracts register\n\nA document—\nforms part of the contracts register when the document is lodged; and\nis registered when 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 particulars about the document are recorded in the contracts register.","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Searching contracts register","content":"### sec.40 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 38 ; 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 2023 .\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.\nIn this section—\nregistered document means a registrable document or other document, particulars of which have been recorded in the contracts register under section 37 .\n(sec.40-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 38 ; and have a copy of a thing mentioned in paragraph (a) certified by the chief executive to be an accurate copy.\n(sec.40-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 2023 .\n(sec.40-ssec.3) The chief executive may certify a copy of a document mentioned in subsection (1) (a) .\n(sec.40-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(sec.40-ssec.5) In this section— registered document means a registrable document or other document, particulars of which have been recorded in the contracts register under section 37 .\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 38 ; 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 38 ; 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 38 ; and","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Correcting contracts register","content":"### sec.41 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 it was corrected; and\nthe day it was corrected; and\nthe reason it was corrected.\n(sec.41-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.41-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.41-ssec.3) If the chief executive corrects the contracts register, the chief executive must record in the register— the state of the register before it was corrected; and the day it was corrected; and the reason it 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 it was corrected; and\n- (b) the day it was corrected; and\n- (c) the reason it was corrected.","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Requisitions","content":"### sec.42 Requisitions\n\nThis section applies if a person applies to the chief executive to lodge a document under this part.\nThe chief executive may, by 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 within a stated period.\nThe requisition may require the other document or information to be verified by a statutory declaration or affidavit.\nThe chief executive may extend the period 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.42-ssec.1) This section applies if a person applies to the chief executive to lodge a document under this part.\n(sec.42-ssec.2) The chief executive may, by 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 within a stated period.\n(sec.42-ssec.3) The requisition may require the other document or information to be verified by a statutory declaration or affidavit.\n(sec.42-ssec.4) The chief executive may extend the period for complying with the requisition.\n(sec.42-ssec.5) 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 within a stated period.\n- (a) complies with the requisition; and\n- (b) pays the fee stated in schedule 1 .","sortOrder":51},{"sectionNumber":"sec.43","sectionType":"section","heading":"Registering death of joint purchaser","content":"### sec.43 Registering death of joint purchaser\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.43-ssec.1) A person may ask the chief executive to register the death of a joint purchaser.\n(sec.43-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.44","sectionType":"section","heading":"Registering personal representative","content":"### sec.44 Registering personal representative\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 a 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—\nthe person has obtained a grant of representation for the purchaser and gives the chief executive the grant or a copy of the grant issued by the Supreme Court; or\nparagraph (a) does not apply and each of the following is satisfied—\nthe 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;\nthe gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000;\nthe chief executive believes the person has a right to obtain a grant of representation; or\nparagraph (a) does not apply and both of the following are satisfied—\nthe purchaser died with a will;\nthe 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 for the purchaser has the same interest in the section contract as if the person had a grant of representation.\nThe validity of an act done, or payment made, in good faith under the section contract by a person registered as personal representative is not affected by a later grant of representation for the purchaser.\nIf the person (the grantee ) who obtains a grant of representation for the purchaser is different from the person registered as personal representative for the purchaser, the registered person must—\naccount to the grantee for an interest in the section contract that the registered person controlled before the grant was made; and\ntake all action necessary to vest the interest in the contract that remains under the registered 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.44-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.44-ssec.2) After receiving a written request to register a person as the purchaser’s personal representative, the chief executive may register the person as the purchaser’s personal representative.\n(sec.44-ssec.3) However, the chief executive may register the person as the purchaser’s personal representative only if— the person has obtained a grant of representation for the purchaser and gives the chief executive the grant or a copy of the grant issued by the Supreme Court; or paragraph (a) does not apply and each of the following is satisfied— 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; the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000; the chief executive believes the person has a right to obtain a grant of representation; or paragraph (a) does not apply and both of the following are satisfied— the purchaser died with a will; the chief executive believes the person has a right to obtain a grant of representation.\n(sec.44-ssec.4) A person registered as a personal representative without a grant of representation for the purchaser has the same interest in the section contract as if the person had a grant of representation.\n(sec.44-ssec.5) The validity of an act done, or payment made, in good faith under the section contract by a person registered as personal representative is not affected by a later grant of representation for the purchaser.\n(sec.44-ssec.6) If the person (the grantee ) who obtains a grant of representation for the purchaser is different from the person registered as personal representative for the purchaser, the registered person must— account to the grantee for an interest in the section contract that the registered person controlled before the grant was made; and take all action necessary to vest the interest in the contract that remains under the registered person’s control in the grantee.\n(sec.44-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) the person has obtained a grant of representation for the purchaser and gives the chief executive the grant or a copy of the grant issued by the Supreme Court; or\n- (b) paragraph (a) does not apply and each of the following is satisfied— (i) the purchaser died without a will; (ii) letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death; (iii) the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000; (iv) the chief executive believes the person has a right to obtain a grant of representation; or\n- (i) the purchaser died without a will;\n- (ii) letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death;\n- (iii) the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000;\n- (iv) the chief executive believes the person has a right to obtain a grant of representation; or\n- (c) paragraph (a) does not apply and both of the following are satisfied— (i) the purchaser died with a will; (ii) the chief executive believes the person has a right to obtain a grant of representation.\n- (i) the purchaser died with a will;\n- (ii) the chief executive believes the person has a right to obtain a grant of representation.\n- (i) the purchaser died without a will;\n- (ii) letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death;\n- (iii) the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000;\n- (iv) the chief executive believes the person has a right to obtain a grant of representation; or\n- (i) the purchaser died with a will;\n- (ii) the chief executive believes the person has a right to obtain a grant of representation.\n- (a) account to the grantee for an interest in the section contract that the registered 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 registered person’s control in the grantee.","sortOrder":53},{"sectionNumber":"sec.45","sectionType":"section","heading":"Registering person beneficially entitled","content":"### sec.45 Registering person 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.45-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.45-ssec.2) After receiving a written request to register the transmission, the chief executive may register the transmission.\n(sec.45-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.46","sectionType":"section","heading":"Registering other dealings","content":"### sec.46 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 must—\nbe in writing; and\nif the request is a registrable document—be in the form (if any) that the chief executive approves under section 47 .\n(sec.46-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.46-ssec.2) The request must— be in writing; and if the request is a registrable document—be in the form (if any) that the chief executive approves under section 47 .\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) be in writing; and\n- (b) if the request is a registrable document—be in the form (if any) that the chief executive approves under section 47 .","sortOrder":55},{"sectionNumber":"sec.47","sectionType":"section","heading":"Form of registrable document","content":"### sec.47 Form of registrable document\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 information in a registrable document only if—\nthe document is in the approved form; or\nthe chief executive considers it appropriate, in the circumstances, to register information in a document that is not in the approved form.\n(sec.47-ssec.1) The chief executive may approve the form of a registrable document.\n(sec.47-ssec.2) If the chief executive has approved the form of a registrable document, the chief executive may register information in a registrable document only if— the document is in the approved form; or the chief executive considers it appropriate, in the circumstances, to register information in 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 information in a document that is not in the approved form.","sortOrder":56},{"sectionNumber":"pt.5","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":57},{"sectionNumber":"sec.48","sectionType":"section","heading":"Fees","content":"### sec.48 Fees\n\nThe fees payable under the Act are stated in schedule 1 .","sortOrder":58},{"sectionNumber":"sec.49","sectionType":"section","heading":"Expenses of taking possession","content":"### sec.49 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.\nThe chief executive may recover an amount mentioned in subsection (2) as a debt payable by the purchaser to the chief executive.\n(sec.49-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.49-ssec.2) The purchaser under the section contract must pay the chief executive the chief executive’s actual expenses of taking possession.\n(sec.49-ssec.3) The chief executive may recover an amount mentioned in subsection (2) as a debt payable by the purchaser to the chief executive.\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.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":60},{"sectionNumber":"sec.50","sectionType":"section","heading":"Prescribed housing service information— Act , s 18","content":"### sec.50 Prescribed housing service information— Act , s 18\n\nFor section 18 (1) of the Act , housing service information is prescribed if the information—\nhas been given by a residential tenant to the chief executive or a funded provider; and\nis about any of the following—\nthe number of people (each an occupant ) who live in the housing provided under the housing service at any time during the tenancy period;\nthe identity, and income, of each occupant;\nwhen each occupant became an occupant;\nwhen each occupant stopped being an occupant.\nIn this section—\nresidential tenancy agreement means either of the following within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008 —\na residential tenancy agreement;\na rooming accommodation agreement.\nresidential tenant means a person to whom the State or a funded provider has provided a housing service under a residential tenancy agreement.\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.50-ssec.1) For section 18 (1) of the Act , housing service information is prescribed if the information— has been given by a residential tenant to the chief executive or a funded provider; and is about any of the following— the number of people (each an occupant ) who live in the housing provided under the housing service at any time during the tenancy period; the identity, and income, of each occupant; when each occupant became an occupant; when each occupant stopped being an occupant.\n(sec.50-ssec.2) In this section— residential tenancy agreement means either of the following within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008 — a residential tenancy agreement; a rooming accommodation agreement. residential tenant means a person to whom the State or a funded provider has provided a housing service under a residential tenancy agreement. 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) has been given by a residential tenant to the chief executive or a funded provider; and\n- (b) is about any of the following— (i) the number of people (each an occupant ) who live in the housing provided under the housing service at any time during the tenancy period; (ii) the identity, and income, of each occupant; (iii) when each occupant became an occupant; (iv) when each occupant stopped being an occupant.\n- (i) the number of people (each an occupant ) who live in the housing provided under the housing service at any time during the tenancy period;\n- (ii) the identity, and income, of each occupant;\n- (iii) when each occupant became an occupant;\n- (iv) when each occupant stopped being an occupant.\n- (i) the number of people (each an occupant ) who live in the housing provided under the housing service at any time during the tenancy period;\n- (ii) the identity, and income, of each occupant;\n- (iii) when each occupant became an occupant;\n- (iv) when each occupant stopped being an occupant.\n- (a) a residential tenancy agreement;\n- (b) a rooming accommodation agreement.","sortOrder":61},{"sectionNumber":"sec.51","sectionType":"section","heading":"Standard interest rate policy— Act , s 92","content":"### sec.51 Standard interest rate policy— Act , s 92\n\nThis section prescribes the interest rate policy for section 92 (3) of the Act .\nA 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.\nA 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.51-ssec.1) This section prescribes the interest rate policy for section 92 (3) of the Act .\n(sec.51-ssec.2) A 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.51-ssec.3) A 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.51-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.52","sectionType":"section","heading":"Prescribed non-profit organisations— Act , s 94I","content":"### sec.52 Prescribed non-profit organisations— Act , s 94I\n\nFor section 94I of the Act , definition non-profit organisation , paragraph (b) , Homes For Homes Limited ACN 143 151 544 is prescribed.","sortOrder":63},{"sectionNumber":"sec.53","sectionType":"section","heading":"End of transitional period— Act , s 156","content":"### sec.53 End of transitional period— Act , s 156\n\nFor section 156 of the Act , definition transitional period , paragraph (b) (i) , the day prescribed is—\nfor an accommodation provider that is a relevant entity—30 June 2019; or\nfor any other accommodation provider—31 December 2018.\nIn this section—\nrelevant entity means—\nABIS Community Co-Operative Society Limited ABN 57 050 218 568; or\nAboriginal Corporation for Malanbarra Midja Housing & Welfare ABN 56 681 553 317; or\nCamu Community Co-Operative Society Ltd ABN 86 464 271 448; or\nGladstone Aboriginal & Islanders Co-operative Society Ltd ABN 90 298 378 833; or\nGungarde Community Centre Aboriginal Corporation ABN 45 180 964 190; or\nThe Hinchinbrook Aboriginal & Islander Housing Co-Operative Society Ltd ABN 56 284 560 043; or\nan indigenous local government; or\nKabi Kabi Aboriginal Corporation ABN 76 721 521 447; or\nLongreach Aboriginal & Torres Strait Islanders Corporation for Housing and Business ABN 53 873 216 837; or\nMaryborough Aboriginal Corporation for Housing & Cultural Development ABN 50 649 697 383; or\nNgoonbi Community Services Indigenous Corporation ABN 40 047 335 486; or\nS.P.K. Housing Group Limited ABN 41 060 733 744; or\nSt. George Aboriginal Housing Company Limited ABN 54 010 079 679; or\nUmpi Korumba Aboriginal and Torres Strait Islanders Corporation for Housing ABN 64 042 106 493.\n(sec.53-ssec.1) For section 156 of the Act , definition transitional period , paragraph (b) (i) , the day prescribed is— for an accommodation provider that is a relevant entity—30 June 2019; or for any other accommodation provider—31 December 2018.\n(sec.53-ssec.2) In this section— relevant entity means— ABIS Community Co-Operative Society Limited ABN 57 050 218 568; or Aboriginal Corporation for Malanbarra Midja Housing & Welfare ABN 56 681 553 317; or Camu Community Co-Operative Society Ltd ABN 86 464 271 448; or Gladstone Aboriginal & Islanders Co-operative Society Ltd ABN 90 298 378 833; or Gungarde Community Centre Aboriginal Corporation ABN 45 180 964 190; or The Hinchinbrook Aboriginal & Islander Housing Co-Operative Society Ltd ABN 56 284 560 043; or an indigenous local government; or Kabi Kabi Aboriginal Corporation ABN 76 721 521 447; or Longreach Aboriginal & Torres Strait Islanders Corporation for Housing and Business ABN 53 873 216 837; or Maryborough Aboriginal Corporation for Housing & Cultural Development ABN 50 649 697 383; or Ngoonbi Community Services Indigenous Corporation ABN 40 047 335 486; or S.P.K. Housing Group Limited ABN 41 060 733 744; or St. George Aboriginal Housing Company Limited ABN 54 010 079 679; or Umpi Korumba Aboriginal and Torres Strait Islanders Corporation for Housing ABN 64 042 106 493.\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.\n- (a) ABIS Community Co-Operative Society Limited ABN 57 050 218 568; or\n- (b) Aboriginal Corporation for Malanbarra Midja Housing & Welfare ABN 56 681 553 317; or\n- (c) Camu Community Co-Operative Society Ltd ABN 86 464 271 448; or\n- (d) Gladstone Aboriginal & Islanders Co-operative Society Ltd ABN 90 298 378 833; or\n- (e) Gungarde Community Centre Aboriginal Corporation ABN 45 180 964 190; or\n- (f) The Hinchinbrook Aboriginal & Islander Housing Co-Operative Society Ltd ABN 56 284 560 043; or\n- (g) an indigenous local government; or\n- (h) Kabi Kabi Aboriginal Corporation ABN 76 721 521 447; or\n- (i) Longreach Aboriginal & Torres Strait Islanders Corporation for Housing and Business ABN 53 873 216 837; or\n- (j) Maryborough Aboriginal Corporation for Housing & Cultural Development ABN 50 649 697 383; or\n- (k) Ngoonbi Community Services Indigenous Corporation ABN 40 047 335 486; or\n- (l) S.P.K. Housing Group Limited ABN 41 060 733 744; or\n- (m) St. George Aboriginal Housing Company Limited ABN 54 010 079 679; or\n- (n) Umpi Korumba Aboriginal and Torres Strait Islanders Corporation for Housing ABN 64 042 106 493.","sortOrder":64},{"sectionNumber":"sec.54","sectionType":"section","heading":"Transferring or disposing of relevant assets— Act , s 159","content":"### sec.54 Transferring or disposing of relevant assets— Act , s 159\n\nFor section 159 (2) of the Act , this section prescribes the way an accommodation provider must transfer or otherwise dispose of each of the provider’s relevant assets.\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.54-ssec.1) For section 159 (2) of the Act , this section prescribes the way an accommodation provider must transfer or otherwise dispose of each of the provider’s relevant assets.\n(sec.54-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.54-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.54-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.54-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.54-ssec.6) The accommodation provider must comply with the condition.\n(sec.54-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.55","sectionType":"section","heading":"Exempt providers— Act , sch 4","content":"### sec.55 Exempt providers— Act , sch 4\n\nFor schedule 4 of the Act , definition exempt provider , paragraph (b) , a 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.\n- (a) a particular social housing service in this jurisdiction; or\n- (b) any social housing service in this jurisdiction.","sortOrder":66},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":67},{"sectionNumber":"sec.56","sectionType":"section","heading":"Definition for part","content":"### sec.56 Definition for part\n\nIn this part—\nexpired regulation means the expired Housing Regulation 2015 .","sortOrder":68},{"sectionNumber":"sec.57","sectionType":"section","heading":"Saving of operation of transitional provisions","content":"### sec.57 Saving of operation of transitional provisions\n\nSections 39 and 40 of the expired regulation are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.","sortOrder":69},{"sectionNumber":"sec.58","sectionType":"section","heading":"Deferral of obligation to implement new policies","content":"### sec.58 Deferral of obligation to implement new policies\n\nThe requirement under section 14 of this regulation to implement the Social Housing Eligibility Criteria and Social Housing Allocations Policy does not apply until 14 September 2026.\nDespite its expiry, section 14 of the expired regulation continues to apply from the commencement until 14 September 2026 to a funded provider that receives funding to provide a social housing service.\n(sec.58-ssec.1) The requirement under section 14 of this regulation to implement the Social Housing Eligibility Criteria and Social Housing Allocations Policy does not apply until 14 September 2026.\n(sec.58-ssec.2) Despite its expiry, section 14 of the expired regulation continues to apply from the commencement until 14 September 2026 to a funded provider that receives funding to provide a social housing service.","sortOrder":70},{"sectionNumber":"sec.59","sectionType":"section","heading":"References to expired policies","content":"### sec.59 References to expired policies\n\nIn a document, including, for example, a funding agreement—\na reference to the Social Housing Eligibility Criteria under section 14 of the expired regulation may, if the context permits, be taken to be a reference to the Social Housing Eligibility Criteria under section 14 of this regulation; and\na reference to the Allocations Policy for Funded Social Housing Providers under section 14 of the expired regulation may, if the context permits, be taken to be a reference to the Social Housing Allocations Policy under section 14 of this regulation.\n- (a) a reference to the Social Housing Eligibility Criteria under section 14 of the expired regulation may, if the context permits, be taken to be a reference to the Social Housing Eligibility Criteria under section 14 of this regulation; and\n- (b) a reference to the Allocations Policy for Funded Social Housing Providers under section 14 of the expired regulation may, if the context permits, be taken to be a reference to the Social Housing Allocations Policy under section 14 of this regulation.","sortOrder":71},{"sectionNumber":"sec.60","sectionType":"section","heading":"References to expired regulation","content":"### sec.60 References to expired regulation\n\nIn a document, a reference to the expired regulation may, if the context permits, be taken to be a reference to this regulation.","sortOrder":72},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Applications and consents","content":"# Applications and consents","sortOrder":73},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Contracts register","content":"# Contracts register","sortOrder":74},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Other fees","content":"# Other fees","sortOrder":75}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared to the expired regulation referenced in Part 7, this instrument broadens scope by: (1) creating distinct statutory regimes for Build to Rent and Housing Investment Fund participants (secs 20–23, 25–35) and prescribing them as 'exempt providers' (sec 55); (2) establishing a contracts register with recording, searching, correction and evidentiary rules (secs 36–41); and (3) expanding administrative powers to require repayment of unspent receipts and to collect broad service information (secs 8–9, 19, 35). Transitional clauses preserve some prior rules short-term (secs 57–60). This description is based only on the text of the Regulation you provided. This is general legal information, not legal advice; Zoe can make mistakes — before you rely on this or act on it, get a qualified Australian lawyer to check it."},"complexity_factors":["Length and breadth: multiple Parts (1–7) covering distinct regimes (general funded providers, BTR/HIF providers, contracts register, fees, transitional rules).","Many cross-references to the Act and other instruments (e.g. Act s 8, s 33, s 92, s 156; Information Privacy Act 2009) increase interpretive load.","Separate, largely parallel obligations for ordinary funded providers and for BTR/HIF providers (duplicated provisions in Parts 2 and 3).","Numerous defined terms and an external dictionary in schedule 2; several bespoke definitions in-part (secs 20, 50, 51).","Conditional administrative discretions: chief executive may require repayments, give approvals, impose conditions, request information, extend periods (secs 8–9, 10, 18–19, 34–35, 41–42).","Nested calculations and offsets (e.g. 'accumulated unspent receipts' and 'offset percentage' in sec 9) add technical accounting complexity.","Contracts register rules combine procedural, evidentiary and correction powers (secs 36–47) with fees and certification (sec 40).","Transitional and saving provisions referencing the expired Housing Regulation 2015 create temporal complexity (secs 56–60).","Some repetitive/duplicated drafting (identical subsections reproduced) which can create uncertainty about intended differences."],"plain_english_summary":"**What this regulation does:** The Housing Regulation 2026 sets detailed rules for funded housing providers about financial management, reporting, asset management, eligibility/allocations and rent policies, and creates a contracts register. It treats Build-to-Rent (BTR) and Housing Investment Fund (HIF) providers under a separate regime (Parts 2–3) and gives the chief executive powers to require information and recover unspent receipts (secs 8–9, 19, 35, 36). \n\n**Who it affects and why it matters:** Funded providers (including BTR/HIF), registered providers, purchasers under section contracts, and tenants — because it prescribes compliance, disclosure, repayment and recordkeeping obligations (see secs 11–12, 14, 17, 25–33). This is legal information, not legal advice; get a qualified Australian lawyer to check it."}},"importantCases":[],"_links":{"self":"/api/acts/housing-regulation-2026","history":"/api/acts/housing-regulation-2026/history","analysis":"/api/acts/housing-regulation-2026/analysis","conflicts":"/api/acts/housing-regulation-2026/conflicts","importantCases":"/api/acts/housing-regulation-2026/important-cases","documents":"/api/acts/housing-regulation-2026/documents"}}