Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Community Housing Providers National
Law (ACT) Act 2013
A2013-18
Republication No 2
Effective: 2 July 2016
Republication date: 2 July 2016
Act not amended
(republication for expiry of transitional provisions (pt 5))
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Community Housing Providers National Law (ACT) Act 2013
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 2 July 2016. It also includes any commencement, repeal or expiry affecting this
republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation Act
2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an
individual and $750 for a corporation (see Legislation Act 2001, s 133).
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Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Community Housing Providers National
Law (ACT) Act 2013
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Terms used in Community Housing Providers National Law (ACT) 2
5 Notes 2
6 Objects of Act 3
Part 2 Application of Community Housing Providers
National Law
7 Application of Community Housing Providers National Law 4
8 Meaning of certain terms 5
9 Housing agency 5
Contents
Page
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10 Relevant Minister 5
11 Registrar 5
12 Delegation of registrar’s functions 6
13 Application of Legislation Act 6
14 Determination of fees 6
15 Approved forms 7
Part 3 Miscellaneous
16 Regulation-making power 8
Dictionary 9
Endnotes
1 About the endnotes 10
2 Abbreviation key 10
3 Legislation history 11
4 Amendment history 11
5 Earlier republications 12
6 Expired transitional or validating provisions 12
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Australian Capital Territory
Community Housing Providers National
Law (ACT) Act 2013
An Act to apply a national law about the registration and regulation of community
housing providers, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Community Housing Providers National Law (ACT)
Act 2013.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Terms used in Community Housing Providers National
Law (ACT)
Terms used in this Act and also in the Community Housing Providers
National Law (ACT) have the same meaning in this Act as they have
in that Law.
Note A definition in an Act applies except so far as the contrary intention
appears (see Legislation Act, s 155).
5 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 6
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6 Objects of Act
The objects of this Act are to—
(a) apply as a territory law a national law for the registration and
regulation of community housing providers under a national
system of registration; and
(b) facilitate investment in the community housing sector and
ensure the protection of that investment; and
(c) ensure that registered community housing is developed as a
viable and diversified component of the ACT social housing
sector; and
(d) support the provision of registered community housing for
people on a very low, low or moderate income.
Part 2 Application of Community Housing Providers National Law
Section 7
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Part 2 Application of Community
Housing Providers National Law
7 Application of Community Housing Providers National
Law
(1) Subject to this section, the Community Housing Providers National
Law, as in force from time to time, set out in the appendix to the NSW
Act (other than the Law, section 24 (No compensation payable by
State))—
(a) applies as a territory law; and
(b) as so applying may be referred to as the Community Housing
Providers National Law (ACT); and
(c) so applies as if it were part of this Act.
(2) A law that amends the Community Housing Providers National Law
set out in the appendix to the NSW Act that is passed by the New
South Wales Parliament after this Act’s notification day must be
presented to the Legislative Assembly not later than 6 sitting days
after the day it is passed.
(3) The amending law may be disallowed by the Legislative Assembly in
the same way, and within the same period, that a disallowable
instrument may be disallowed.
Note See the Legislation Act, s 65 (Disallowance by resolution of Assembly).
(4) If the amending law is not presented to the Legislative Assembly in
accordance with subsection (2), or is disallowed under subsection (3),
the Community Housing Providers National Law applying under
subsection (1) is taken—
(a) not to include the amendments made by the amending law; and
(b) to include any provision repealed or amended by the amending
law as if the amending law had not been made.
Application of Community Housing Providers National Law Part 2
Section 8
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(5) In this section:
NSW Act means the Community Housing Providers (Adoption of
National Law) Act 2012 (NSW).
Note The NSW Act is accessible at www.legislation.nsw.gov.au.
8 Meaning of certain terms
In the Community Housing Providers National Law (ACT):
Appeal Tribunal means the ACAT.
this jurisdiction means the ACT.
9 Housing agency
For the definition of Housing Agency in the Community Housing
Providers National Law (ACT), section 4 (1)—
(a) the housing commissioner or another Territory entity is a
Housing Agency for the definition of community housing asset
in the Law, section 4 (1); and
(b) the housing commissioner is a Housing Agency for any other
provision of the Law.
10 Relevant Minister
For the definition of relevant Minister in the Community Housing
Providers National Law (ACT), section 4 (1), the Minister responsible
for administering this Act is the relevant Minister.
11 Registrar
For the Community Housing Providers National Law (ACT),
section 9 (2), the director-general is the Registrar.
Part 2 Application of Community Housing Providers National Law
Section 12
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12 Delegation of registrar’s functions
For the Community Housing Providers National Law (ACT),
section 11 (1) (b), a public servant is a declared person.
13 Application of Legislation Act
(1) The Legislation Act does not apply to the Community Housing
Providers National Law (ACT).
Note A reference to the Law includes a reference to the statutory instruments
made or in force under the Law (see Legislation Act, s 104).
(2) Subsection (1) does not limit the application of the Legislation Act to
this Act.
14 Determination of fees
(1) The Minister may determine fees for the Community Housing
Providers National Law (ACT), section 13 (4) as if the Law were an
Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
Application of Community Housing Providers National Law Part 2
Section 15
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15 Approved forms
(1) The Registrar may approve forms for the Community Housing
Providers National Law (ACT), section 13 (4) as if the Law were an
Act.
(2) If the Registrar approves a form for a particular purpose, the approved
form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s 255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
Part 3 Miscellaneous
Section 16
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Part 3 Miscellaneous
16 Regulation-making power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• director-general (see s 163)
• entity
• housing commissioner
• Minister (see s 162)
• public servant
• territory law.
Community Housing Providers National Law (ACT) means the
provisions applying because of section 7.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Community Housing Providers National Law (ACT) Act 2013
A2013-18
notified LR 23 May 2013
s 1, s 2 commenced 23 May 2013 (LA s 75 (1))
remainder commenced 1 January 2014 (s 2 and CN2013-10)
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Consequential amendments
pt 4 hdg om LA s 89 (3)
Legislation amended—sch 1
s 17 om LA s 89 (3)
Transitional
pt 5 hdg exp 1 July 2016 (s 20)
Affordable and community housing providers registered under repealed
part 4A
s 18 exp 1 July 2016 (s 20)
Transitional regulations
s 19 exp 1 July 2016 (s 20)
Expiry—pt 5
s 20 exp 1 July 2016 (s 20)
Consequential amendments
sch 1 om LA s 89 (3)