Community Housing Providers National Law (ACT) Act 2013

The Act’s central legal concept is adoption by reference of a national statute. Section 7(1) incorporates the Community Housing Providers National Law into the ACT legal framework, treating it as if it were part of the Act. Adoption-by-reference is accompanied by limited local tailoring: the exclusion of the Law’s section 24, and the local specification of certain institutional actors and instrument-making arrangements (ss 7, 9-12, 14-15). The Act’s dictionary entry defines “Community Housing Providers National Law (ACT)” as the provisions applying because of section 7, which makes the identity of the applied law dependent on that incorporation (Dictionary).

Several continuing concepts from the Legislation Act and cross-jurisdictional framework are engaged. The Act’s notes invoke the Legislation Act for interpretative rules and definitions (s 3 note; s 4 note). Notably, the Act disapplies the Legislation Act to the applied National Law (s 13(1)), while affirming that the Legislation Act’s other features remain pertinent to this Act (s 13(2)). The Act also flags that references to the Law include statutory instruments made under it (s 13 note, referring to Legislation Act, s 104).

Institutionally, the Act identifies key ACT decision-makers for the applied National Law: the Minister responsible for the Act is the “relevant Minister” under the National Law (s 10); the director-general is the Registrar (s 11); the housing commissioner and other Territory entities serve as Housing Agencies for particular definitions and purposes (s 9). The Registrar’s administrative functions may be delegated to a declared public servant (s 12). Those identifications set responsibility and accountability lines inside Territory public administration for tasks that the National Law assigns to equivalent actors elsewhere.

Instrument types and parliamentary oversight are another main concept. The Minister is authorised to make fee determinations “as if the Law were an Act” (s 14(1)), and those determinations are disallowable instruments (s 14(2)). The Registrar’s approved forms are notifiable instruments and are mandatory for the stated purpose (s 15(1)-(3)). The Executive may make regulations for the Act (s 16). The Act also contains a defined mechanism for the Assembly to receive and, within the disallowance process, potentially disallow NSW amending laws that would otherwise automatically apply in the ACT (s 7(2)-(4)). This produces an unusual hybrid: the ACT chooses to import a changing external text but preserves local parliamentary oversight over post-adoption amendments.

Substantively, the Act’s objects articulate policy priorities: facilitating investment and protecting it, supporting viability and diversification of registered community housing within the ACT social housing sector, and supporting housing for persons on very low, low or moderate incomes (s 6). The Act does not itself set the detailed regulatory standards or sanctions; those remain in the applied National Law. The Act therefore functions primarily as a jurisdictional vehicle and administrative wrapper, aligning the administrative apparatus of the ACT with the national regulatory text while reserving certain local procedural controls.

The Act affects a set of parties through the mechanism of adopting the Community Housing Providers National Law into the ACT. Primary private-sector subjects are community housing providers who will be regulated under the applied National Law once it operates in the Territory by virtue of s 7. The Act’s objects in s 6 identify policy targets: entities involved in registered community housing and residents on very low, low or moderate incomes who will be the intended beneficiaries of the regulated services.

Public authorities are specified and assigned roles. The director-general is formally the Registrar for the purposes of the applied Law (s 11). The Minister responsible for administering the Act is the “relevant Minister” (s 10). The housing commissioner, and other Territory entities designated, are treated as Housing Agencies for specific statutory definitions in the applied Law (s 9). Public servants may be declared persons for the purposes of delegation of the Registrar’s functions, which affects administrative delegation and staffing arrangements (s 12). The Executive is empowered to make regulations (s 16), which affects public-sector rule-making responsibility.

Third parties with procedural stakes include the ACT Legislative Assembly and ACAT. The Assembly exercises an oversight role over post-adoption amending laws passed by the New South Wales Parliament: NSW amending laws must be presented to the Assembly not later than six sitting days after passage, and the Assembly may disallow such amending laws under the disallowance procedure (s 7(2)-(4)). ACAT is given the name “Appeal Tribunal” in the applied Law for ACT purposes (s 8), which signals where statutory appeals and merits review will occur under the National Law within the Territory framework.

Bodies and individuals exposed to regulatory instruments are affected by the instrument-making rules. Fees relevant to the National Law may be determined by the Minister and those determinations are disallowable instruments (s 14). Approved forms, which the Registrar may make, are mandatory for the specified purpose and are notifiable instruments (s 15(1)-(3)). These instrument types impose compliance obligations on registrants, applicants and other parties interacting with the administrative system.

Investors and lenders involved in community housing operations are naturally affected, because the Act explicitly has an object to facilitate investment and ensure the protection of that investment (s 6(b)). The Act does not itself state the mechanisms for investor protection, but by adopting the National Law it activates the legal framework that will govern registration, governance and regulatory oversight, matters material to investor risk and security.

Finally, the Act affects anyone relying on the National Law’s provisions because the Legislation Act does not apply to the applied National Law (s 13(1)). This legal interaction can change how interpretative and procedural provisions operate in relation to the National Law as applied in the ACT, with practical consequences for lawyers, compliance officers and registrants operating in the Territory.

The Act primarily transfers into the ACT legal framework the duties and rights that are embedded in the Community Housing Providers National Law by operation of s 7(1). Because the National Law’s substantive provisions are not reproduced in this Act, the specific registration duties, governance obligations, reporting requirements, compliance regimes and statutory rights such as appeal rights are the subject of the applied National Law. Those duties and rights will attach to persons and entities to the extent the National Law so provides, read as part of the ACT statute pursuant to s 7(1).

The Act itself establishes a number of concrete administrative duties and rights within the ACT jurisdiction. The director-general, as Registrar, has the rights and duties attached to that office under the National Law as adopted (s 11). The Registrar is able to approve forms for use under the National Law as if the Law were an Act (s 15(1)). Where the Registrar approves a form for a particular purpose, the approved form must be used (s 15(2)). That provision creates a mandatory procedural duty on applicants and other persons to use Registrar-approved forms when dealing with the registration or other administrative processes under the applied Law.

The Minister is empowered to determine fees related to the applied Law “as if the Law were an Act” (s 14(1)); those determinations are disallowable instruments (s 14(2)). The existence of the fee-determination power creates a delegated executive right to impose financial obligations in connection with the regulatory scheme. The Act does not itself prescribe who pays any particular fee; that will be determined in the fees instruments and in the applied National Law.

Delegation of the Registrar’s functions to declared public servants is authorised (s 12). That creates an administrative duty on declared persons to perform delegated functions in accordance with the law and public service arrangements. The Director‑General’s designation as Registrar concentrates operational responsibility for the National Law with the ACT public service executive.

The Act entrusts the Executive to make regulations (s 16). Where regulations are made, they will create legally binding duties and rights (procedural requirements, fee schedules, exemptions, compliance measures) for the persons and entities the regulations address, as permitted by the Act’s objects (s 6). The Act also specifies that ACAT is to be treated as the Appeal Tribunal in the applied Law (s 8), which declares a right of appeal or review under the National Law to that tribunal where the National Law grants appeal rights.

A procedural right and check is the ACT Legislative Assembly’s role in reviewing NSW amending laws that would otherwise automatically apply (s 7(2)-(4)). The Assembly can disallow an amending law under the disallowance mechanism, and if it does, the relevant amendments do not apply in the ACT. This creates a parliamentary right to prevent the automatic application of particular external amendments.

Finally, the Act’s objects articulate policy entitlements for specific cohorts,support for community housing serving people on very low, low or moderate incomes (s 6(d)),but the concrete legal rights and entitlements that give effect to those policy aims will be in the applied National Law. The Act, by adopting the National Law, is the vehicle that brings those substantive rights and duties into force within the ACT legal order.

The Act itself does not set out an extensive schedule of offences or specified sanctions within its body. Instead, the enforcement architecture for substantive regulatory compliance is left to the Community Housing Providers National Law as applied under section 7(1). The Act therefore activates whatever enforcement powers, penalties and compliance mechanisms the National Law provides by importing that text into Territory law. Because the applied National Law is not reproduced in full within this Act, readers must consult the National Law (as set out in the NSW Appendix) for the detailed enforcement provisions that will apply in the ACT.

The republication front matter and endnotes supply two useful, explicit enforcement-related details. First, at the republication date the value of a penalty unit for an offence against this law is stated as $150 for an individual and $750 for a corporation (see the republication note under "Penalties"). That indicates the monetary scale for any offences that are defined to attract penalty units. Second, ACAT is designated as the Appeal Tribunal for the purposes of the applied National Law (s 8), which establishes the tribunal as the forum for statutory appeals or merits review where the National Law confers appeal rights.

Instrument-making and oversight features establish procedural controls relevant to enforcement. Determinations of fees made under s 14 are disallowable instruments (s 14(2)). Approved forms made by the Registrar are notifiable instruments (s 15(3)). The disallowance and notification procedures referenced invoke the Legislation Act processes, which create parliamentary oversight and transparency around rules and fees that can affect the regime’s practical enforcement and compliance burden.

Delegation and administrative control affect enforcement capacity. The Registrar, being the director-general (s 11), may delegate functions to a declared public servant (s 12). That delegation mechanism enables operational enforcement activity to be distributed within the public service. The Executive’s power to make regulations (s 16) also permits the creation of detailed procedural and enforcement measures by subordinate legislation.

A particular statutory interaction with enforcement is the Act’s disapplication of the Legislation Act to the applied National Law (s 13(1)), while maintaining the Legislation Act’s applicability to this Act (s 13(2)). That legal structure can change how certain interpretative and procedural provisions under the Legislation Act operate in relation to the applied National Law, which may have consequences for enforcement processes, legal interpretation, and the availability of certain statutory mechanisms. For example, although the Legislation Act is disapplied to the applied Law, the Act still requires certain instruments (fees determinations and forms) to be made as disallowable or notifiable instruments, thereby bringing those aspects within Legislation Act machinery.

Because the Act excludes the National Law’s section 24 (No compensation payable by State) (s 7(1)), the approach to compensation for acts done under the applied Law will differ from the version in the NSW Law; that has potential enforcement implications where compensation claims intersect with regulatory action. Overall, the Act establishes the institutional and procedural framework for enforcement in the ACT but leaves the substantive penal and sanctioning details to the applied Community Housing Providers National Law.

The Act operates primarily by reference to another statute, producing layered interactions across legal instruments. The primary cross-legal interaction is with the Community Housing Providers National Law as adopted through the appendix to the NSW Act, the Community Housing Providers (Adoption of National Law) Act 2012 (NSW). Section 7 directly adopts the National Law text into Territory law, so the substantive rules, rights and obligations in that Law operate in the ACT as territory law, subject to the adjustments this Act makes.

There is an explicit interaction with the Legislation Act 2001. The Act’s notes cite the Legislation Act for interpretative defaults and definitions (s 3 note; s 4 note). However, s 13(1) states that the Legislation Act does not apply to the Community Housing Providers National Law (ACT). That establishes a selective disapplication: the applied National Law in the ACT is not subject to the Legislation Act’s general operation, a point which affects how certain interpretative and procedural defaults would be applied. At the same time, s 13(2) states the Legislation Act continues to apply to this Act itself. Further, the Act identifies specific instances where instrument-making will be treated under the Legislation Act framework: determinations of fees are disallowable instruments (s 14(2)) and approved forms are notifiable instruments (s 15(3)), both of which require notification and presentation under the Legislation Act. This produces a mixed regime: general disapplication of the Legislation Act to the adopted Law, but specific instrument types for fees and forms remain within the Legislation Act’s oversight.

The Act also interacts with the NSW Parliament’s legislative processes. Subsections 7(2)-(4) create a mechanism whereby laws amending the National Law as enacted in NSW will also apply in the ACT unless the amendment is either not presented to the ACT Legislative Assembly within six sitting days or is disallowed under the Assembly’s disallowance powers. That interaction binds the ACT’s legal regime to the external legislative process in NSW while preserving a local parliamentary veto or delay through the presentation and disallowance procedure. The mechanism ties the ACT’s statutory content to an external, evolving statutory source while retaining a limited means of local parliamentary control.

Administrative and tribunal law intersects with the Act. The Legislation Act definitions (for instance, ACAT, director-general, housing commissioner, public servant) are invoked in the dictionary and notes (Dictionary; notes referencing Legislation Act). ACAT is nominated as the Appeal Tribunal (s 8), which integrates tribunal review pathways under Territory administrative law into the appeal routes created by the applied National Law.

The Act also interacts with subordinate legislation mechanics. The Executive may make regulations under s 16; determinations and approved forms are disallowable and notifiable instruments respectively (ss 14(2), 15(3)). Those instrument types are subject to the Legislation Act’s procedural rules (notification, presentation, disallowance), meaning that subordinate law made under the Act will be embedded in the wider ACT legislative instrument architecture.

Finally, the Act’s exclusion of the National Law’s section 24 (s 7(1)) creates a divergence between the NSW text and the ACT version on the compensation topic. That explicit omission means that any provision in the NSW Law about non-payment of compensation will not form part of the ACT’s adopted Law, thereby altering the inter-jurisdictional alignment on that point. Practitioners must therefore consult both the ACT-adopted version and the NSW text to identify where the regimes differ.

The Act’s legislative history and amendment notes are recorded in the endnotes. The original Act was notified on the ACT legislation register on 23 May 2013 (Legislation history, endnote 3). Sections 1 and 2 commenced on 23 May 2013 pursuant to the Legislation Act (endnote 3). The remainder of the Act came into force on 1 January 2014, as specified by section 2 and Commencement Notice CN2013‑10 (endnote 3). The republished version presented here is effective 2 July 2016 (cover page and republication note).

The amendment history identifies a number of textual and structural alterations effected by operation of the Legislation Act editorial machinery and by expiry of transitional provisions. Section 2 was omitted by operation of the Legislation Act s 89(4) (Amendment history). Several headings and schedule references were removed or omitted as consequential amendments (for example, pt 4 hdg om LA s 89(3); sch 1 om LA s 89(3); s 17 om LA s 89(3)). Transitional provisions in Part 5 of the original Act expired on 1 July 2016 (endnote 6 and Amendment history). The Act indicates that some earlier provisions, including transitional regulations and transitional references to affordable and community housing providers registered under a repealed part 4A, expired on 1 July 2016 (Amendment history).

The republication notes describe editorial changes made under the Legislation Act 2001, part 11.3. Those editorial changes are said to be formal in nature and to have effect as if made by an Act commencing on the republication date (republication note). The republication text includes references to earlier republications and notes that the Parliamentary Counsel’s Office may make editorial amendments when preparing the law for republication (About this republication). The endnotes also provide an abbreviation key, and indicate that not all editorial amendments are annotated in the amendment history (endnote 1).

The Act in this form is described as “not amended” on the republication cover page, but the endnotes record the commencement sequencing and the expiry of transitional provisions. The endnotes advise readers to consult the ACT legislation register for uncommenced amendments or current modifications that might affect the republished law (About this republication). In short, the Act commenced in stages between 23 May 2013 and 1 January 2014, had transitional provisions which expired on 1 July 2016, and has been republished with editorial adjustments effective 2 July 2016.

The text of the Act and its endnotes do not record any judicial decisions, case law, or specific litigation history under the Act. There are no cases named in the Act or its endnotes. The Act’s endnotes record legislative and republication history and identify expired transitional provisions, but they do not record court proceedings or tribunal decisions interpreting the Act or the adopted National Law as applied in the ACT.

Because the Community Housing Providers National Law is adopted by reference (s 7(1)), relevant litigation concerning substantive obligations, enforcement, or appeals is likely to arise under the National Law provisions as they operate in the ACT. The Act designates ACAT as the Appeal Tribunal for this jurisdiction with respect to the applied Law (s 8), so merits review and certain administrative appeals under the applied National Law will be heard in ACAT where the Law grants such rights. Any judicial review of administrative action under the applied Law would proceed under the usual administrative law channels, but the Act itself does not set out a catalogue of litigation pathways beyond referencing ACAT as the Appeal Tribunal.

The absence of recorded litigation within the Act’s own text or endnotes means practitioners must turn to separate sources to locate decisions under the applied National Law that arise in the ACT. The Act’s endnotes advise checking the ACT legislation register for current versions, modifications and uncommenced amendments (About this republication; endnote 1). For litigation history practitioners will need to consult ACAT and court databases, and to identify whether any disputes have been brought under the applied National Law in the ACT since the Law’s commencement. The Act does not list any precedent or cases, and no decisions are embedded in the statutory text provided.

The Act contains several features that create practical risks of oversight for practitioners, regulators and regulated parties.

1. Adoption-by-reference creates a moving target. Section 7(1) adopts the National Law as set out in the NSW appendix and, by s 7(2), subsequent NSW amendments to the National Law will apply in the ACT unless they are presented to the ACT Legislative Assembly and disallowed. This means changes made in NSW can change the ACT regime automatically unless affirmatively disallowed. Practitioners must monitor both the NSW Parliament’s amending legislation and the ACT Legislative Assembly’s presentation/disallowance actions to know which version applies in the ACT (s 7(2)-(4)).

2. Limited local tailoring may create divergence on compensation. The Act excludes the Law, section 24 (No compensation payable by State) when applying the National Law in the ACT (s 7(1)). The omission means that the ACT’s adopted Law differs from the NSW version on that point. Users must not assume identical text across jurisdictions.

3. Disapplication of the Legislation Act is partial and potentially confusing. Section 13(1) says the Legislation Act does not apply to the applied National Law, while s 13(2) says the Legislation Act continues to apply to this Act. At the same time, fee determinations and approved forms are explicitly placed within the Legislation Act instrument framework (ss 14(2), 15(3)). The mixed regime can cause uncertainty about which instrument-making and interpretation rules apply to particular subordinate instruments linked to the National Law.

4. Mandatory use of approved forms. The Registrar may approve forms and an approved form must be used for the stated purpose (s 15(1)-(2)). Failure to use an approved form where required may have procedural consequences even where the substantive criteria are met. Practitioners should confirm form requirements with the Registrar.

5. Delegation to a declared person. The Registrar’s functions may be delegated to a declared public servant (s 12). Delegation enhances operational flexibility but can raise questions of accountability and decision provenance where decisions are challenged. Confirmation of who is a declared person and the scope of delegation will be necessary in contested matters.

6. Fee imposition by determination. The Minister may determine fees as if the Law were an Act (s 14(1)), and fee determinations are disallowable instruments (s 14(2)). The Act does not itself prescribe fee payers or fee levels, leaving those to instruments and the applied Law. Regulated parties should track fee determinations and their disallowance windows.

7. Notifiable and disallowable instrument status. Approved forms are notifiable instruments and determinations are disallowable instruments (ss 15(3), 14(2)). These classifications carry procedural obligations for publication and for legislative scrutiny. Missing notification and disallowance timing can create legal uncertainty about the status of instruments.

8. Objects specify policy aims but not legal rights. The Act’s objects list policy goals such as facilitating investment and supporting housing for low and moderate incomes (s 6). Those are programmatic statements rather than the operative legal rights; the practical legal entitlement must be traced to the applied National Law.

9. Transitional provisions expired. Part 5 transitional provisions expired on 1 July 2016 (Amendment history, endnote 6). Practitioners looking for transitional relief or grandfathering must ensure they consult pre-expiry versions where relevant.

10. Penalty unit values stated in the republication. The front matter records penalty unit values at the republication date ($150 individual, $750 corporate). Those values may change under the Legislation Act framework and should not be assumed current without confirmation.

Each of these points flows from the statute text. The common theme is that the Act fixes institutional anchors while delegating substantive detail to the adopted National Law and to subordinate instruments. The hybrid nature of the regime requires vigilance across jurisdictions and instrument types.

Compliance with the regulatory framework created by this Act requires attention to several discrete steps and ongoing monitoring obligations. Because the Act imports the Community Housing Providers National Law by reference, compliance is principally compliance with the substantive provisions of that National Law as it applies in the ACT, read together with instruments and local designations created under this Act.

1. Identify the operative text. Consult the version of the Community Housing Providers National Law that is adopted under s 7(1), taking into account any NSW amending laws that have been presented to the ACT Legislative Assembly and not disallowed (s 7(2)-(4)). Practitioners should check the ACT legislation register for the current applied text and any local instruments (About this republication; s 7).

2. Engage with the Registrar. The director-general is the Registrar (s 11). Organisations seeking registration or interacting with the registration system should confirm processes, forms and submission requirements with the Registrar’s office. The Registrar may approve forms and an approved form must be used for the particular purpose (s 15(1)-(2)).

3. Use approved forms. Where the Registrar has approved a form for a particular purpose, compliance requires using that form (s 15(2)). Approved forms are notifiable instruments (s 15(3)), so ensure that the current notifiable form is the one used.

4. Budget for fees and monitor determinations. The Minister may determine fees for functions under the applied Law (s 14(1)) and those determinations are disallowable instruments (s 14(2)). Entities should assume that fees may be imposed by instrument and should monitor the Legislative Assembly’s disallowance calendar and the ACT legislation register for changes.

5. Track delegation and declared persons. The Registrar’s functions can be delegated to declared public servants (s 12). Organisations should confirm who is authorised to act, expect communications and decisions to come from delegated officers, and maintain records of delegations where necessary.

6. Monitor NSW amendments and ACT presentation deadlines. Because NSW amendments can apply to the ACT version unless disallowed, compliance requires monitoring relevant NSW legislative activity and ACT Assembly actions within the six sitting day presentation window (s 7(2)-(4)).

7. Prepare for ACAT appeals and administrative processes. ACAT is named as the Appeal Tribunal in the applied Law (s 8). Compliance programs should include internal review processes and awareness of appeal rights and timeframes under the applied Law so that party behaviour anticipates possible ACAT review.

8. Account for instrument status and parliamentary oversight. Approved forms and fee determinations are notifiable and disallowable instruments respectively (ss 15(3), 14(2)). Compliance teams must track publication dates, presentation dates and disallowance windows to know when instruments become operative or might be disallowed.

9. Understand the local departures from the NSW text. The Act excludes the Law, section 24 (No compensation payable by State) from applying in the ACT (s 7(1)). Compliance advice and risk assessments should take into account any divergence from NSW practice on such points.

10. Keep records and update governance documents. Registration, reporting, and governance obligations found in the applied National Law will impose documentary requirements. Practitioners should ensure corporate governance instruments, tenancy agreements and investor documentation reflect the regulatory obligations as they operate in the ACT.

11. Verify penalty unit values and instrument currency. The republication notes a penalty unit value at the republication date and the endnotes caution about editorial amendments (Penalties note; About this republication). Compliance requires verifying current penalty unit values and ensuring instruments relied on are the operative versions.

12. Seek regulatory and legal confirmation for ambiguous points. Where the Act leaves detail to the applied National Law or to instrument-making, regulated parties should obtain written advice from the Registrar or legal counsel on interpretation, timing and the current operative instruments.

In practical terms, compliance is a combination of adhering to Registrar-mandated procedures (forms, applications), meeting fee obligations as set by Ministerial determinations, and observing substantive obligations in the Community Housing Providers National Law as it applies in the ACT. The Act identifies who decides key things,the Minister on fees (s 14), the Registrar on forms and administration (ss 11, 15), and the Executive on regulations (s 16). Organisations should structure compliance workflows to receive and act on directives from those actors, and to monitor cross-jurisdictional legislative developments that can affect the ACT regime.