{"id":"C2018A00066","name":"National Housing Finance and Investment Corporation (Consequential Amendments and Transitional Provisions) Act 2018","slug":"national-housing-finance-and-investment-corporation-consequential-amendments-and-transitional-provis","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"66 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436295,"registerId":"C2018A00066-fast-fetch-1775953539234","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Housing Finance and Investment Corporation (Consequential Amendments and Transitional Provisions) Act 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nNational Housing Finance and Investment Corporation (Consequential Amendments and Transitional Provisions) Act 2018\n\n \n\nNo. 66, 2018\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the National Housing Finance and Investment Corporation Act 2018, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Amendments\n\nAdministrative Decisions (Judicial Review) Act 1977\n\nFreedom of Information Act 1982\n\nSchedule 2—Transitional matters\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\nNational Housing Finance and Investment Corporation (Consequential Amendments and Transitional Provisions) Act 2018\n\nNo. 66, 2018\n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the National Housing Finance and Investment Corporation Act 2018, and for related purposes\n\n[Assented to 29 June 2018]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the National Housing Finance and Investment Corporation (Consequential Amendments and Transitional Provisions) Act 2018.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 29 June 2018\n- 2. Schedules 1 and 2 At the same time as the National Housing Finance and Investment Corporation Act 2018 commences. 30 June 2018\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Amendments\n\n \n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1  At the end of Schedule 2\n\nAdd:\n\n ; (zd) decisions relating to the activities of the National Housing Finance and Investment Corporation under the National Housing Finance and Investment Corporation Act 2018.\n\nFreedom of Information Act 1982\n\n2  Division 1 of Part II of Schedule 2 (after the item relating to the National Health and Medical Research Council)\n\nInsert:\n\n \n\n| National Housing Finance and Investment Corporation, in relation to documents in respect of its commercial activities |\n| --- |\n\n\nSchedule 2—Transitional matters\n\n \n\n1  Decisions not to be made before a particular day\n\n(1) The NHFIC must not, before:\n\n (a) the day determined under subitem (2); or\n\n (b) if no such determination is in force—the later of:\n\n (i) 1 July 2018; or\n\n (ii) the day occurring 3 months after the day this Act commences;\n\nmake a decision to:\n\n (c) make a loan, investment or grant; or\n\n (d) grant financial assistance to a State or Territory; or\n\n (e) provide, to registered community housing providers (within the meaning of the National Housing Finance and Investment Corporation Act 2018), business advisory services and other assistance in capacity building.\n\n(2) The Minister may, by legislative instrument, determine a day for the purposes of this item. The day must not be a day occurring earlier than 1 July 2018.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 15 February 2018\n\nSenate on 19 March 2018]\n\n \n\n(22/18)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act does not expand or add substantive powers to the NHFIC; it delivers consequential amendments and transitional restrictions linked to establishing the NHFIC. Mechanically, it (a) postpones certain NHFIC financial and advisory actions until a minister-determined or statutory date (Schedule 2, item 1), (b) brings NHFIC decisions within ADJR judicial-review coverage (Schedule 1, item 1), and (c) treats NHFIC commercial documents under a specific FOI Schedule entry (Schedule 1, item 2). There is no text in this instrument manifesting a broader change of scope beyond those consequential and transitional measures."},"complexity_factors":["Staged commencement with table-based rules (s 2) — requires checking timing against the NHFIC Act commencement.","Prohibition on making loans, investments, grants, providing financial assistance to States/Territories, or offering capacity-building services until a specified day or fallback dates (Schedule 2, item 1(1)(c)-(e)).","Ministerial discretion to set the operative day by legislative instrument, subject to a statutory minimum date (Schedule 2, item 1(2)) — introduces delegated-legislation timing uncertainty for stakeholders.","Inclusion of NHFIC-related decisions within the Administrative Decisions (Judicial Review) Act 1977 schedule (Schedule 1, item 1) — makes those decisions subject to judicial review procedures.","Insertion in the Freedom of Information Act 1982 Schedule exempting NHFIC commercial documents from FOI (Schedule 1, item 2) — narrows disclosure for commercial activities and creates an interaction with judicial-review coverage.","Narrow, technical subject-matter: few substantive policy changes but multiple cross‑statute linkages (ADJR Act, FOI Act, NHFIC Act) that require coordination across regimes.","Direct compliance/operational consequences for NHFIC and recipients (States/Territories, registered community housing providers) due to the temporary prohibition on financial actions (Schedule 2, item 1(1))."],"plain_english_summary":"This Act makes short, technical changes needed when creating the National Housing Finance and Investment Corporation (NHFIC). It sets a temporary pause on NHFIC making loans, investments, grants or certain advisory services until a prescribed start day, and adjusts judicial-review and freedom-of-information treatment for NHFIC decisions and commercial documents. It matters to NHFIC, state and territory governments and registered community housing providers because it controls when NHFIC can act and how its decisions and documents are reviewable or disclosed."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains tightly scoped to its original purpose: making consequential amendments to existing legislation and providing transitional arrangements for the NHFIC's commencement. It has not expanded beyond dealing with matters arising from the enactment of the primary NHFIC Act."},"complexity_factors":["Very short statute (approximately 2 pages of substantive content)","Only 2 substantive amendments (one to each of 2 existing Acts)","Single transitional provision with straightforward conditional logic (Minister determination OR default date)","No defined terms section — relies entirely on definitions from the primary NHFIC Act","No nested exceptions or complex cross-referencing beyond pointing to the parent Act"],"plain_english_summary":"This Act is a 'clean-up' law that makes two other existing laws work properly with the new National Housing Finance and Investment Corporation (NHFIC) Act 2018.\n\n**What it does:**\n- **Adds the NHFIC to two existing Acts:**\n  - The *Administrative Decisions (Judicial Review) Act 1977* — this means people can challenge certain NHFIC decisions in court if they believe the decision was made unfairly or unlawfully.\n  - The *Freedom of Information Act 1982* — this means the NHFIC must generally release documents when requested by the public, **except** for documents about its commercial activities (like loans, investments, and business deals).\n\n- **Sets a 'cooling-off' period:** The NHFIC cannot start making loans, investments, grants, or providing business advice to community housing providers until either:\n  - A date chosen by the Minister (but no earlier than 1 July 2018), **or**\n  - If the Minister doesn't choose a date, the later of 1 July 2018 or three months after this Act becomes law.\n\n**Who it affects:**\n- The NHFIC itself (it must follow these rules)\n- People or organisations who want to challenge NHFIC decisions or request documents\n- Community housing providers waiting for NHFIC support\n\n**Why it matters:**\nWithout this Act, the NHFIC would exist but wouldn't be properly covered by Australia's judicial review and freedom of information systems. The cooling-off period ensures the NHFIC doesn't rush into financial commitments before it's fully ready to operate."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-housing-finance-and-investment-corporation-consequential-amendments-and-transitional-provis","history":"/api/acts/national-housing-finance-and-investment-corporation-consequential-amendments-and-transitional-provis/history","analysis":"/api/acts/national-housing-finance-and-investment-corporation-consequential-amendments-and-transitional-provis/analysis","conflicts":"/api/acts/national-housing-finance-and-investment-corporation-consequential-amendments-and-transitional-provis/conflicts","importantCases":"/api/acts/national-housing-finance-and-investment-corporation-consequential-amendments-and-transitional-provis/important-cases","documents":"/api/acts/national-housing-finance-and-investment-corporation-consequential-amendments-and-transitional-provis/documents"}}