Division 3 — Miscellaneous matters
62L. Approval of Minister for Indigenous Affairs, AAPA or ALT not required 50
62M. Application of Land Administration Act 1997 51
Part VII — Finance
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Funds 52
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Power to raise money 53
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Provisions as to debentures and inscribed stock 55
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Application of Financial Management Act 2006 and Auditor General Act 2006 56
Part VIII — Miscellaneous
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Power to extend time 57
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Protection from personal liability 57
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Regulations generally 57
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Regulations as to fees 58
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Payment of fees and duties 59
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Addition of certain amounts to balance of contract price or loan 59
Part IX — Saving and transitional provisions
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Continuity of status and operation 60
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Membership of Commission 60
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Continuation of provisions relating to earlier Acts and bodies 61
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Contracts of sale, mortgages and tenancies 61
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Perpetual leases 62
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References 62
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Construction 62
Notes
Compilation table 63
Defined terms
Western Australia
Housing Act 1980
An Act relating to housing, to make better provision for housing and improving housing standards and conditions in the State, to encourage the use, development and redevelopment of land for housing and related purposes, to enable the carrying out of agreements and arrangements with respect to housing, to provide for the Housing Authority by merging the Government Employees’ Housing Authority into The State Housing Commission and for other purposes.
[Long title amended: No. 28 of 2006 s. 310.]
Part I — Preliminary
1. Short title
This Act may be cited as the Housing Act 1980 1.
2. Commencement
This Act shall come into operation on a day to be fixed by proclamation 1.
3. Repeal
The State Housing Act 1946 is hereby repealed.
4. Objects
The objects of this Act are —
(a) the improvement of existing housing conditions;
(b) the provision of housing and land for housing;
(ca) the letting and leasing of houses, the provision of services relating to the letting and leasing of houses and the entry into arrangements for the provision of such services;
(c) the provision of assistance to enable persons to obtain accommodation or improve the standard of their accommodation;
(d) the encouragement of and participation in the development and redevelopment of land for housing and related purposes;
(e) the carrying into effect of agreements and arrangements entered into with the Commonwealth with respect to housing.
[Section 4 amended: No. 6 of 2010 s. 4.]
5. Terms used
(1) In this Act unless the contrary intention appears —
Account means the Housing Authority Account referred to in section 62;
approved form means a form approved by the Minister;
Authority means the Housing Authority referred to in section 6(4);
Crown land has the meaning given in the Land Administration Act 1997 section 3(1);
house means any building (including any single, attached or multi‑storey dwelling unit, tent, edifice, structure or erection (whether temporary or permanent)) or any part thereof which or any part of which has been used or is used or is intended to be used as a dwelling, and includes outbuildings, fences, walls and permanent provision for lighting, heating, water supply, drainage and sewerage and other appurtenances of a house, and any shop, or business premises being a portion of or attached to a house;
land includes any estate or interest in land and any easement, right or privilege in, over or affecting land and any building or other structure or improvements on land;
loan includes a part of a loan;
mortgage means any deed, memorandum of mortgage, instrument or agreement whereby security for repayment of advances or payment of moneys together with interest (if any) thereon, is made in favour of the Authority over real or personal property or any estate or interest therein;
officer of the Authority means —
(a) the chief executive officer of the Authority; and
(b) an officer referred to in section 17(1)(b); and
(c) an officer or employee referred to in section 18A(1) whose services the Authority is making use of;
owner in relation to land means the person for the time being entitled to receive the rent of the land or premises in connection with which the word is used (whether on his own account or as the agent of or trustee for any other person) or who would be entitled to receive the rent if the land or premises were let at a rent and includes the person who is purchasing land on terms or deferred payments;
public authority means a department, instrumentality or agency of the Crown in right of the State or the Commonwealth, a local government and any other person or body, whether corporate or not, who or which under the authority of any Act is charged with the carrying out of any duty whilst acting in the discharge of that duty;
purchase includes to acquire by way of exchange;
repealed Act means the Act repealed by section 3;
section means section of this Act;
sell includes to dispose of by way of exchange;
street includes any street, road, footway, square, court, alley or right of way whether a thoroughfare or not;
subsection means subsection of the section in which the term is used;
tenancy agreement includes a lease or agreement to lease, and includes any instrument under which any person derives title under the original tenant;
tenant includes lessee, and includes any person deriving title under the original tenant;
Treasurer means Treasurer of the State.
(1A) In this Act unless the contrary intention appears —
(a) a reference to the erection of a house or other building includes a reference to the conversion or modification of an existing building;
(b) a reference to the family of a person is a reference to the spouse, de facto partner and children of, and the parents or other relatives dependent upon, that person;
(c) a reference to land held by the Authority is a reference to any land —
(i) vested in or granted to the Authority; or
(ii) reserved for the use and requirements of the Authority or for the purposes of this Act; or
(iii) purchased or otherwise acquired by the Authority; or
(iv) donated, given, devised or bequeathed to the Authority;
(d) a reference to a house or other building held by the Authority is a reference to a house or other building situated on land held by the Authority.
(2) A reference in a provision of this Act to an eligible person is a reference to a person who satisfies the conditions of eligibility from time to time determined by the Authority and approved by the Minister for the purposes of that provision.
(3) The conditions of eligibility mentioned in subsection (2) shall be determined and approved by reference to income criteria and, without limiting the generality of the foregoing, may provide for the incomes of more than one member of a household to be taken into consideration.
[Section 5 amended: No. 14 of 1996 s. 4; No. 28 of 2003 s. 84; No. 28 of 2006 s. 311 and 332; No. 77 of 2006 Sch. 1 cl. 87(1); No. 46 of 2009 s. 17; No. 6 of 2010 s. 5; No. 19 of 2010 s. 51; No. 19 of 2016 s. 101 and 295.]
Part II — The State Housing Authority 2
[Heading amended: No. 28 of 2006 s. 312.]
Division 1 — The Housing Authority
[Heading inserted: No. 28 of 2006 s. 313.]
6. The Housing Authority
(1) The body corporate constituted under the repealed Act by the name “The State Housing Commission” is preserved and continues in existence for the purposes of this Act as a body corporate retaining the same corporate identity.
(2) At the merger time the former body merges into The State Housing Commission.
(3) The State Housing Commission, as renamed by subsection (4), is a continuation of the former body.
(4) Immediately after the merger time The State Housing Commission is renamed as the Housing Authority.
(5) In this section —
former body means the Government Employees’ Housing Authority established by section 8 of the Government Employees’ Housing Act 1964 as in force before the merger time;
merger time means the time at which section 314 of the Machinery of Government (Miscellaneous Amendments) Act 2006 comes into operation 1.
[Section 6 amended: No. 28 of 2006 s. 314 and 332; No. 17 of 2014 s. 26.]
7. Authority a body corporate and Crown agency
(1) The Authority —
(a) is a body corporate with perpetual succession and a common seal; and
(b) is capable in law in its corporate name of suing and being sued.
(2) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority or the former body (within the meaning of section 6) affixed to any document and shall presume that it was duly affixed.
(3) The Authority is an agent of the Crown in right of the State.
[Section 7 amended: No. 28 of 2006 s. 315 and 332.]
8. Authority to be an SES organisation
The Authority is to be an SES organisation under the Public Sector Management Act 1994.
[Section 8 inserted: No. 28 of 2006 s. 316.]
9. Management
(1) The Authority is to be governed by its chief executive officer.
(2) The chief executive officer, in the name of the Authority, is to perform the functions of the Authority under this Act or any other written law.
[Section 9 inserted: No. 28 of 2006 s. 316.]
[10. Deleted: No. 28 of 2006 s. 316.]
Division 2 — Powers and functions of the Authority generally
[Heading amended: No. 28 of 2006 s. 317.]
11. Authority to implement housing Acts
(1) Subject to the control and direction of the Minister the Authority shall be responsible for the implementation of the provisions of this Act and the Government Employees’ Housing Act 1964.
[(2) deleted]
[Section 11 amended: No. 41 of 1996 s. 3; No. 28 of 2006 s. 318 and 332.]
11A. Minister may give directions
(1) The Minister may give written directions to the Authority with respect to the performance of its functions under this or any other Act, either generally or in relation to a particular matter, and the Authority is to give effect to any such direction.
(2) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given.
(3) If —
(a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
(4) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.
(5) The laying of a copy of a direction that is regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
(6) The text of a direction under subsection (1) is to be included in the annual report submitted by the accountable authority of the Authority under Part 5 of the Financial Management Act 2006.
[Section 11A inserted: No. 28 of 2006 s. 319; amended: No. 77 of 2006 Sch. 1 cl. 87(2).]
11B. Minister to have access to information
(1) The Minister is entitled —
(a) to have information in the possession of the Authority; and
(b) if the information is in or on a document, to have, and make and retain copies of, that document.
(2) For the purposes of subsection (1) the Minister may —
(a) request the Authority to furnish information to the Minister;
(b) request the Authority to give the Minister access to information;
(c) for the purposes of paragraph (b) make use of the staff of the Authority to obtain the information and furnish it to the Minister.
(3) The Authority has to comply with a request under subsection (2) and make staff and facilities available to the Minister for obtaining information under subsection (2)(c).
(4) In this section —
document includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;
information means information specified, or of a description specified, by the Minister that relates to the functions of the Authority under this or any other Act.
[Section 11B inserted: No. 28 of 2006 s. 319.]
12. General powers of Authority
Subject to and for the purposes of this Act and the Government Employees’ Housing Act 1964 the Authority —
(a) has and may exercise all the powers, privileges, rights and remedies of the Crown; and
(b) has and may exercise all such powers, authorities and discretions, and may do all such acts and things, as a private person in the State has or may exercise or do, and the Authority generally may do whatever it deems necessary in connection with or incidental to the functions conferred upon it;
and in particular, without limiting the generality of the foregoing —
(c) has power to acquire, hold, maintain, improve, exchange, lease and dispose of real and personal property; and
(d) has power to borrow and lend money; and
(e) has power to give guarantees, indemnities and undertakings whether in respect of the payment or repayment of moneys, the performance of obligations, or otherwise.
[Section 12 amended: No. 28 of 2006 s. 320 and 332.]
12A. Joint ventures
(1) To further the objects of this Act or the Government Employees’ Housing Act 1964, subject to subsection (3), the Authority may enter into a joint venture arrangement.
(2) Without limiting the powers that the Authority may exercise under either of those Acts for the purposes of participating in and giving effect to a joint venture arrangement relating to a project, the Authority may —
(a) seek and maintain appropriate representation on a board or other body having responsibility for carrying out, managing or controlling the project; and
(b) subject to any contract relating to the project —
(i) receive contributions or other moneys relating to the project; and
(ii) disburse or distribute, or arrange for the disbursement or distribution of, those contributions or other moneys.
(3) The Authority can only enter into a joint venture arrangement —
(a) with the approval of the Minister; and
(b) on terms and conditions approved by the Treasurer.
[Section 12A inserted: No. 6 of 2010 s. 6.]
13. Delegation: powers and duties generally
(1) The Authority may delegate under this section to an officer of the Authority —
(a) any power or duty of the Authority under this Act, except a power or duty referred to in section 62K(1); or
(b) any power or duty of the Authority under the Government Employees’ Housing Act 1964.
(2) The delegation must be in writing executed by the Authority.
(3) An officer to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) An officer exercising or performing a power or duty that has been delegated to the officer under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) This section does not limit the ability of the Authority to perform a function through an officer of the Authority or an agent.
[Section 13 inserted: No. 6 of 2010 s. 7.]
14. Advice and investigations
(1) The Authority shall —
(a) advise the Minister on matters connected with this Act generally;
(b) make or cause to be made any inquiry, investigation or report required by this Act, or any inquiry, investigation or report which the Minister may think necessary or expedient.
(2) The Authority may carry out or cause to be carried out all such surveys, investigations and valuations as may be necessary or expedient for the purposes of this Act or incidental to its functions under this Act.
(3) The Authority shall also have such advisory powers as may from time to time be prescribed, and such other powers as may be imposed by the Minister on the Authority.
[Section 14 amended: No. 28 of 2006 s. 332.]
15. Applications
(1) The Authority shall deal with applications for housing or financial assistance for housing made under this Act or under any other Act or law in relation to housing that is administered by the Authority.
(2) For the purpose of performing the duties mentioned in subsection (1) the Authority shall, subject to the Act or law concerned, have power and authority —
(a) to inquire into and consider applications;
(b) to require any further or other information in respect of any application;
(c) to require any information provided in, or in respect of, an application to be verified by statutory declaration;
(d) to approve of any application (either wholly or in part);
(e) to refuse any application.
[Section 15 amended: No. 28 of 2006 s. 332.]
16. Assistance to and collaboration with other bodies
(1) Subject to subsection (2) the Authority may give such assistance as it thinks fit to enable or assist —
(a) any public authority; or
(b) any person approved by the Minister,
to engage in any activity related to the objects of this Act or the Government Employees’ Housing Act 1964 and may seek and maintain appropriate representation on the board or other governing authority of any body corporate to which such assistance is given.
(2) The Authority shall not give assistance under subsection (1) by way of —
(a) granting financial aid or enabling financial aid to be obtained; or
(b) making available the services of any officer or employee of the Authority; or
(c) making available any facilities of the Authority,
except with the consent of the Minister.
(3) The Authority may, with the consent of the Minister, in respect of the performance of any of its functions —
(a) engage consultants having relevant qualifications or experience;
(b) consult or collaborate with other bodies or persons having interests or functions similar or related to those of the Authority.
[Section 16 amended: No. 28 of 2006 s. 323 and 332.]
Division 3 — Staff of the Authority
[Heading amended: No. 28 of 2006 s. 324.]
17. Chief executive officer of Authority and other officers and employees
(1) To enable the Authority to exercise and perform the powers, functions and duties conferred on it by or under this Act or any other Act —
(a) there shall be a chief executive officer of the Authority who shall be appointed, under and subject to Part 3 of the Public Sector Management Act 1994;
(b) there shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994, such officers as the Authority considers necessary;
(c) the Authority may employ such wages staff as it considers necessary.
(2) The chief executive officer of the Authority cannot be excluded from the Senior Executive Service under section 43(3) of the Public Sector Management Act 1994.
(3) The chief executive officer is responsible for, and has the necessary powers to administer, the day to day operations of the Authority.
[Section 17 amended: No. 32 of 1994 s. 19; No. 28 of 2006 s. 325 and 332.]
18. Terms and conditions of employment of wages staff
(1) Subject to any relevant award or industrial agreement the terms and conditions of employment of staff employed pursuant to section 17(1)(c) shall be such terms and conditions as the Authority, after consultation with the Public Sector Commissioner, determines.
(2) Part 3 of the Public Sector Management Act 1994 does not apply to or in relation to staff employed under section 17(1)(c).
[Section 18 amended: No. 32 of 1994 s. 19; No. 28 of 2006 s. 332; No. 39 of 2010 s. 89.]
18A. Use of other staff and facilities
(1) The Authority may by arrangement with the relevant employing authority make use, either full‑time or part‑time, of the services of any officer or employee —
(a) in the Public Service; or
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the State.
(2) The Authority may by arrangement with —
(a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or instrumentality.
(3) An arrangement under subsection (1) or (2) is to be made on such terms as are agreed to by the parties.
(4) In this section, employing authority, Public Service and other expressions used in the Public Sector Management Act 1994 have the same respective meanings as they have in that Act.
[Section 18A inserted: No. 28 of 2006 s. 326.]
Part III — Acquisition, development and disposal of property
Division 1 — Acquisition and development of property
19. Acquisition of land
(1) The Authority may with the consent of the Minister purchase any land for the purposes of this Act.
(2) The Authority is not authorised to take or resume land by compulsory acquisition.
[Section 19 inserted: No. 28 of 2006 s. 332.]
20. Gifts
(1) For the purposes of this Act the Authority may —
(a) accept any absolute donation, gift, devise or bequest of real or personal property; or
(b) with the consent of the Minister, accept any donation, gift, devise or bequest of real or personal property subject to any trust the objects of which are not substantially different from those for which the Authority is constituted, and carry out and give effect to the objects of any such trust.
(2) The Authority may receive any donation, gift, devise or bequest for the purpose of assisting it to provide houses for persons notwithstanding that the donation, gift, devise or bequest is subject to any trust, condition or stipulation which cannot by reason of any other provision of this Act be given effect to, and the Authority may, notwithstanding that provision, give effect to the trust, condition or stipulation, if it is otherwise in accordance with law.
(3) No duty under the Duties Act 2008 shall be paid on any property received by the Authority under subsection (1).
[Section 20 amended: No. 28 of 2006 s. 332; No. 12 of 2008 Sch. 1 cl. 17(1).]
21. Powers of local government
(1) Notwithstanding the Local Government Act 1995 or any other Act relating to local government a local government —
(a) may sell or otherwise dispose of to the Authority any land vested in the local government (not being land reserved under Part 4 of the Land Administration Act 1997);
(b) may acquire any land in the manner provided in the Local Government Act 1995 for the purpose of disposing of the land to the Authority for the purposes of this Act.
(2) Subsection (1) does not authorise a local government to take or resume land by compulsory acquisition unless the land is to be disposed of to the Authority for the purposes of section 61(1).
[Section 21 amended: No. 14 of 1996 s. 4; No. 31 of 1997 s. 35; No. 28 of 2006 s. 332.]
22. Powers in relation to development and management of land
(1) Subject to this Act the Authority has these powers —
(a) with the consent of the Western Australian Planning Commission as defined in the Planning and Development Act 2005 and any approval required under that Act, to re‑plan and re‑subdivide any land except Crown land not held by the Authority and to secure the closing of any street or the extinguishment of any easement or restrictive covenant;
(b) to erect houses and other buildings on, or lay out and construct streets on, any land and to expend moneys standing to the credit of the Account on works and operations for the purpose of making such land suitable for the purposes of this Act;
(c) to maintain, repair, and carry out any improvements to and generally to control and manage any houses and other buildings that are subject to contracts of sale, mortgages, or leases pursuant to this Act and any land on which such houses and other buildings are erected;
(d) to enter into arrangements with a public authority or other body or person with respect to the provision of services to any area in which houses or other buildings acquired, erected, or to be erected, by the Authority are, or are to be, situated including, without limiting the generality of the foregoing, arrangements with respect to —
(i) the making of streets or other facilities affording access to houses and other buildings and sites for houses and other buildings in the area;
(ii) the establishment or extension and, if necessary, operation and maintenance of sewerage, drainage, water, gas, power, lighting and communications systems to serve the area and the connection of those systems to houses and other buildings and sites for houses and other buildings in the area,
and, subject to the provisions of any contract relating to such an arrangement, to allot to each house, building or site having the benefit of the arrangement such proportion of the cost incurred by the Authority under the arrangement as the Authority deems just;
(e) to purchase building materials, equipment, fittings or appliances, and to supply the same or any of them to any person or body of persons, corporate or unincorporate for the purposes of this Act upon such terms and conditions as the Authority determines;
(f) to dispose of, set apart, utilize and deal with any land held by the Authority for the purposes of housing projects under or pursuant to an agreement between the Commonwealth and the State entered into pursuant to, or ratified by, an Act;
(g) with the consent of the Minister to delegate to any local government approved by the Minister all or any of the powers and functions of the Authority (except this power of delegation) upon and subject to such terms and conditions as the Authority thinks fit so that the delegated powers and functions may be exercised and performed by the local government in the same manner and with the same effect as if they had been directly conferred on the local government by this Act and not by delegation;
(h) to advance moneys to any local government to which a delegation is made under paragraph (g);
(ia) to arrange, effect or take out insurance in connection with a matter referred to in paragraphs (a) to (h);
(i) to do any thing incidental to a matter mentioned in this subsection.
(2) A delegation under subsection (1)(g) shall be revocable at will and no delegation shall prevent the exercise of any power or the performance of any function by the Authority.
(3) The powers conferred by subsection (1) are in addition to any other powers conferred on the Authority by this or any other Act.
[Section 22 amended: No. 62 of 1983 s. 4; No. 84 of 1994 s. 46; No. 14 of 1996 s. 4; No. 49 of 1996 s. 64; No. 38 of 2005 s. 15; No. 28 of 2006 s. 327 and 332; No. 77 of 2006 Sch. 1 cl. 87(3); No. 6 of 2010 s. 8.]
23. Power to take lease
(1) For the purposes of this Act the Authority may, with the consent of the Minister, take land on lease for such period and subject to such covenants and conditions as it thinks reasonable.
(2) The powers conferred on the Authority by this Act in respect of land held by the Authority may, subject to the express or implied covenants and conditions of the lease, be exercised by the Authority in respect of land taken by it on lease.
[Section 23 amended No. 28 of 2006 s. 332.]
24. Payment of rates to local government
(1) Notwithstanding any provision to the contrary in any Act, the Authority in respect of vacant rateable land acquired within the district of a local government, shall be liable to pay rates thereon out of moneys standing to the credit of the Account to that local government, and the land shall be deemed to continue to be rateable land; but in the case of vacant land other than subdivided land no such liability shall arise until the land has been held vacant by the Authority for a period of at least 2 years and in the case of vacant subdivided land no such liability shall arise until the land has been held vacant by the Authority for a period of at least one year.
(2) In this section subdivided land means an allotment of land, shown on an approved plan or diagram of subdivision deposited under the Transfer of Land Act 1893 with the Authority as defined in section 4(1) of that Act to be of an area not exceeding 10 000 square metres, or, if no such plan or diagram is so deposited, an allotment of land determined under that Act to be of an area not exceeding 10 000 square metres.
[Section 24 amended: No. 14 of 1996 s. 4; No. 49 of 1996 s. 64; No. 81 of 1996 s. 153(1); No. 28 of 2006 s. 332; No. 60 of 2006 s. 137; No. 77 of 2006 Sch. 1 cl. 87(4).]
Division 2 — Dealings with property generally
25. Power to lease
(1) The Authority may let or lease, or grant a licence to any person to use, any building, building and land or vacant land held by the Authority for such periods and purposes, at such rentals and on such terms, covenants and conditions as the Authority thinks fit.
(2) Subsection (1) does not apply to the letting or leasing of a house or house and land.
[Section 25 amended: No. 28 of 2006 s. 332.]
26. Power to sell
(1) The Authority, with the consent of the Minister, may by public auction or private contract sell any building and land or vacant land held by the Authority for cash or on such terms of payment as the Authority thinks fit and at such price, and subject to such conditions, restrictions, exceptions and reservations (if any) as the Authority thinks fit.
(2) Subsection (1) does not apply to a sale under Division 4.
[Section 26 amended: No. 28 of 2006 s. 332.]
27. Power to grant easement
The Authority may grant or create an easement over land held by the Authority for such payment (if any) and on such terms and conditions as the Authority thinks fit.
[Section 27 amended: No. 28 of 2006 s. 332.]
Division 3 — Letting or leasing of houses
28. Power to let or lease houses
The Authority may let or lease any house or house and land held by the Authority to any eligible person or, with the consent of the Minister —
(a) to any public authority or body corporate; or
(b) to any person who, in the opinion of the Authority, is providing an essential community or tradesman service in a locality and is unable to obtain suitable accommodation in that locality from any source other than the Authority.
[Section 28 amended: No. 28 of 2006 s. 332.]
29. Terms and conditions
(1) A house or house and land may be let under this Division on a weekly or such other periodic tenancy as the Authority thinks fit or may be leased under this Division for such period as the Authority thinks fit.
(2) The terms, covenants and conditions of a tenancy or lease under this Division shall be such terms, covenants and conditions as the Authority thinks fit and shall be set out in a tenancy agreement in an approved form.
[Section 29 amended: No. 28 of 2006 s. 332.]
30. Determination of rent
(1) The amounts of rent to be paid by tenants under this Division shall be such amounts as are from time to time determined by the Authority and approved by the Minister.
(2) A determination under subsection (1) may provide for —
(a) the payment of different rents in respect of different houses or different classes of houses;
(b) the payment of different rents by tenants of different classes;
(c) the allowance of rebates in such circumstances and subject to such conditions as are specified in the determination.
[Section 30 amended: No. 28 of 2006 s. 332.]
31. Credit of rents towards purchase price
(1) Subject to subsection (2) where —
(a) the purchaser of any house and land under Division 4 has been a tenant of the house or the house and the land under this Division; or
(b) the spouse, de facto partner or deceased spouse or deceased de facto partner of a purchaser of any house and land under Division 4 has been a tenant of the house or the house and the land under this Division,
the Authority may credit towards the purchase price of the house and land the rents that have been paid by the purchaser or the spouse, de facto partner or deceased spouse or deceased de facto partner of the purchaser in respect of the house, or the house and the land, or such portion (if any) of those rents as the Authority thinks fit.
(2) Where a person becomes the purchaser of any house and land under Division 4 by exercising an option to purchase contained in a tenancy agreement under this Division the provisions of subsection (1) shall not affect any provision contained in the tenancy agreement providing for the crediting of rents towards the purchase price of the house and land.
(3) In this section rents includes amounts paid by a tenant of a house or house and land for the purpose of the repair, renovation, upkeep or improvement of the house or house and land.
[Section 31 amended: No. 28 of 2003 s. 85; No. 28 of 2006 s. 332.]
Division 4 — Sale of houses and housing land
32. Application of this Division
(1) This Division applies to the sale by the Authority of a house and land held by the Authority or land held by the Authority on which a house is to be erected.
(2) A reference in subsection (1) to a house is a reference to a house that is intended to be used by the purchaser as a home for himself and his family (if any).
[Section 32 amended: No. 28 of 2006 s. 332.]
33. Terms and conditions of sale
(1) The Authority may by public auction or private contract sell land or a house and land under this Division —
(a) for cash; or
(b) in the case of —
(i) the sale of land; or
(ii) the sale of a house and land to an eligible person,
on such terms of payment as the Authority thinks fit.
(2) A sale under this Division may be made at such price and subject to such conditions, restrictions, exceptions and reservations as the Authority thinks fit.
(3) If a sale under this Division is made on terms or subject to conditions, restrictions, exceptions or reservations those terms, conditions, restrictions, exceptions or reservations shall be set out in a contract of sale in an approved form.
(4) The Authority may, by determination approved by the Minister and published in the Government Gazette, fix a standard rate of interest to apply to contracts of sale in respect of sales on terms under this Division.
(5) Different standard rates of interest may be fixed under subsection (4) in respect of different classes of contracts of sale.
(6) The interest rate specified in a contract of sale in respect of a sale on terms under this Division shall be the standard rate of interest most recently published under subsection (4) in respect of contracts of sale of that class but the contract may provide for the interest rate to vary in accordance with determinations published from time to time under that subsection.
(7) In subsection (6) interest rate in relation to a contract of sale means the rate of interest payable on the balance of the purchase money for the time being remaining unpaid under that contract of sale.
[Section 33 amended: No. 28 of 2006 s. 332.]
34. Limit on amount of unpaid purchase money
(1) The balance of the purchase money for the time being remaining unpaid under a contract of sale in respect of a sale under this Division shall not exceed such sum as is determined by the Minister for the purposes of this subsection by notice published in the Government Gazette.
(2) For the purposes of subsection (1) the Minister may determine different sums in respect of land in different areas of the State.
Part IV — Provision by the Authority of financial assistance for housing
[Heading amended: No. 28 of 2006 s. 328.]
Division 1 — Loans
35. Reference to house
A reference in this Division to a house in relation to the making of a loan is a reference to a house that is, or is intended to be, used by the person to whom the loan is to be made as a home for himself and his family (if any).
36. Loans to assist eligible persons
(1) Subject to this Act the Authority may make a loan to any eligible person in order to assist the eligible person —
(a) to erect, complete, enlarge or improve a house on land owned by him; or
(b) to purchase land and erect a house thereon; or
(c) to purchase a house and the land on which it is erected; or
(d) to purchase a partially erected house and the land on which it is being erected and complete the house; or
(e) to discharge any mortgage or liability already existing on land owned by him and on which a house is erected, or is being erected or is to be erected.
(2) A reference in subsection (1) to land owned by an eligible person is a reference to land of which the eligible person is the beneficial owner in possession and includes —
(a) Crown land (including any land held by the Authority) or endowment lands of The University of Western Australia, or of the trustees of the Public Education Endowment or of any local government being land set aside for residential purposes and held by the eligible person for his own benefit under a lease or agreement;
(b) Residential Leases, Miners’ Homestead Leases and Residence Areas.
[Section 36 amended: No. 14 of 1996 s. 4; No. 28 of 2006 s. 332.]
37. Loans to persons generally to purchase land from Authority
Subject to this Act the Authority may make a loan to any person in order to assist the person to purchase from the Authority land on which to erect a house.
[Section 37 amended: No. 28 of 2006 s. 332.]
38. Loans to persons generally to improve houses
(1) Subject to this Act the Authority may make a loan to any person to assist the person to make alterations or additions to a house so that the house may be brought into conformity with the building, health or other local laws or standards of a local government or with the Water Services Act 2012 or to improve the standard of comfort or convenience of the house.
(2) For the purpose of this section —
additions include the installation or improvement of water supply, sewerage or drainage systems and all necessary fittings.
(3) No loan shall be made under this section other than to a person who satisfies the Authority that his financial position justifies the assistance applied for.
[Section 38 amended: No. 73 of 1995 s. 188; No. 14 of 1996 s. 4; No. 28 of 2006 s. 332; No. 25 of 2012 s. 218.]
39. Method of making loan
A loan under this Division may be made in one sum or in progress payments from time to time at the discretion of the Authority.
[Section 39 amended: No. 28 of 2006 s. 332.]
40. Limit on amount to be lent
(1) The total amount lent to a person under this Division and for the time being remaining owing shall not exceed such sum as is determined by the Minister for the purposes of this subsection by notice published in the Government Gazette.
(2) For the purposes of subsection (1) the Minister may determine —
(a) different sums in respect of land in different areas of the State;
(b) different sums in respect of loans for different purposes.
41. Security for repayment of loan
(1) The repayment of every loan made under this Division together with all interest and other money incidental to that loan or properly charged against the borrower in respect thereof shall be secured by —
(a) a first or second mortgage in an approved form to the Authority, of the borrower’s estate and interest in the land on which the house to which the loan relates is erected, or is being erected or is to be erected and in the improvements (if any) already thereon and the improvements (if any) that are to be made thereon with the aid of the loan; and
(b) such additional or collateral security (if any) as to the Authority may seem fit in such form as the Authority may require.
(2) The borrower may execute a mortgage or other instrument of security securing a loan under this Division notwithstanding anything to the contrary in any enactment or law, or in the lease, agreement or occupation certificate under which he holds the land that is to be the subject of that mortgage or other instrument.
[Section 41 amended: No. 28 of 2006 s. 332.]
42. Interest on loans
(1) The Authority may, by determination approved by the Minister and published in the Government Gazette, fix a standard rate of interest to apply to loans under this Division.
(2) Different standard rates of interest may be fixed under subsection (1) in respect of different classes of loans.
(3) The interest rate specified in a mortgage or other instrument of security securing a loan under this Division shall be the standard rate of interest most recently published under subsection (1) in respect of loans of that class but the mortgage or other instrument of security may provide for the interest rate to vary in accordance with determinations published from time to time under that subsection.
(4) In subsection (3) interest rate in relation to a loan means the rate of interest payable on the balance of the amount for the time being advanced and remaining owing under the loan.
[Section 42 amended: No. 28 of 2006 s. 332.]
43. Normal legal relationships to apply
The rights, powers and remedies of the Authority in relation to loan transactions under this Division shall be those rights, powers and remedies given by or under the mortgage or other instrument of security together with such rights, powers and remedies as are normally applicable to such transactions at law or in equity.
[Section 43 amended: No. 28 of 2006 s. 332.]
44. Protection of Authority’s interest
The Authority shall, whilst a loan under this Division is secured by a mortgage of any land, be entitled, subject to the rights or any prior mortgagee, to hold the documents of title to that land.
[Section 44 amended: No. 28 of 2006 s. 332.]
45. Authority to obtain reports as to expenditure of loans
The Authority from time to time shall obtain reports from the inspectors and valuers of the Authority as to the manner in which moneys lent under this Division have been expended and used by the respective borrowers, and as to the state and condition of the improvements for the purpose of which those moneys have respectively been lent, and generally as to the state and condition of the properties in respect of which those moneys have been lent.
[Section 45 amended: No. 28 of 2006 s. 332.]
Division 2 — Guarantees and subsidies
46. Guarantee by Authority in certain cases
(1) Where an eligible person desires to —
(a) erect a house; or
(b) complete a partially erected house; or
(c) purchase a new house,
and is able without borrowing to pay so much of the cost of erecting the house as the Authority approves but is unable to borrow, without assistance under this section from the Authority, sufficient money in order to enable him to pay the balance of the cost, the Authority may assist him by guarantee in order to enable him to do so.
(2) In this section —
(a) a reference to a house or new house is a reference to a house that is or is intended to be used by the person to whom the assistance is to be given as a home for himself and his family (if any) but does not include a reference to a house of which the value (exclusive of the value of the land on which it is or is to be erected) exceeds such sum as is determined by the Minister for the purposes of this paragraph by notice published in the Government Gazette;
(b) new house has the meaning given to that term in section 3 of the Housing Loan Guarantee Act 1957 3.
(3) For the purposes of subsection (2)(a) the Minister may determine different sums in respect of houses in different areas of the State.
[Section 46 amended: No. 28 of 2006 s. 332.]
47. Payment of subsidies on account of loans made to eligible persons
(1) For the purpose of assisting eligible persons in obtaining houses and land by subsidising the rate or amounts of interest payable in respect of loans made to them by approved lending institutions, the Authority may, with the approval of the Minister —
(a) make payments, on such terms and conditions as the Minister approves, to approved lending institutions that make loans to approved persons on the security of freehold or leasehold property by way of mortgage;
(b) enter into agreements with approved lending institutions in order to facilitate and regulate the making of payments under paragraph (a) and to ensure compliance with the terms and conditions approved by the Minister pursuant to that paragraph.
(2) In this section —
approved lending institution means an institution, body or person that is approved in writing by the Minister for the purposes of this section;
approved person means an eligible person approved in writing by the Authority for the purposes of this section.
[Section 47 amended: No. 28 of 2006 s. 332.]
Part V — Arrangements and agreements as to housing finance
Division 1 — Arrangements with the Commonwealth
48. Terms used
In this Division —
Commonwealth Housing Act means any Act of the Parliament of the Commonwealth relating to financial assistance to the States, or to States including this State, for housing purposes;
Housing Agreement means any agreement made and entered into between the Commonwealth and this State for housing purposes including an agreement to which the other States, or any of them are parties;
housing purposes includes —
(a) assistance to persons to enable them to meet their housing requirements; and
(b) betterment of housing conditions; and
(c) promotion of social welfare in relation to housing.
49. Financial assistance from Commonwealth: powers of Minister and Authority
(1) The Minister and the Authority subject to the Minister are hereby respectively authorised to do all acts and things necessary or convenient for the purpose of enabling the State to participate in any scheme or arrangement for the granting of financial assistance by the Commonwealth for housing purposes.
(2) Without limiting the generality of subsection (1) —
(a) the Minister and the Authority, on behalf of the State, are hereby respectively invested with such powers, functions, duties and responsibilities as are necessary or convenient for —
(i) enabling the State, and the Minister and the Authority on behalf of the State, to obtain such grants, assistance and benefits as are provided or capable of being provided under a Commonwealth Housing Act or a Housing Agreement; and
(ii) enabling the State, and the Minister and the Authority, to fulfil such conditions and comply with such other requirements as are necessary for obtaining the grants, assistance and benefits referred to in subparagraph (i);
(b) the Authority, on behalf of the State, shall maintain any account necessary to comply with conditions imposed by, and fulfil objects and purposes set out in, a Commonwealth Housing Act or in a Housing Agreement and may pay moneys into, expend and advance moneys from, and generally operate any such account so as to comply with those conditions and fulfil those objects and purposes.
[Section 49 amended: No. 28 of 2006 s. 332.]
50. Housing assistance under agreements
(1) Without limiting the generality of section 49 the Minister and the Authority, subject to the Minister, are hereby respectively authorised to administer any Housing Agreement for and on behalf of the State.
(2) The authority conferred by subsection (1) extends to the doing of any act or thing before the coming into operation of a Housing Agreement but in anticipation of and for the eventual purposes of that agreement.
(3) Subject to section 51, for the purposes of the administration of any Housing Agreement all the powers, functions, duties, authorities and responsibilities of the Authority as provided in this Act or the Government Employees’ Housing Act 1964 shall apply and extend to the Authority, and all the provisions of those Acts, so far as they are applicable or can with necessary adaptations and modifications be made applicable, shall apply in all respects and for all purposes in relation to projects for housing purposes provided for and mentioned in that agreement and undertaken by the State pursuant to that agreement.
[Section 50 amended: No. 28 of 2006 s. 329 and 332.]
51. Regulations as to administration of agreements
(1) Where any act, matter or thing required or authorised by any provision of a Housing Agreement to be done by or on behalf of the State for housing purposes cannot conveniently be done under the provisions of this Act, the Governor may make regulations for authorising the doing of such act, matter or thing.
(2) Regulations made under subsection (1) shall be valid and have effect notwithstanding that they are inconsistent with or repugnant to a provision contained elsewhere in this Act.
Division 2 — Agreements with lending institutions
52. Terms used and effect
(1) In this Division —
home finance moneys means —
(a) any moneys made available to the State by the Commonwealth pursuant to a Commonwealth Housing Act or a Housing Agreement for the purpose of providing finance to assist persons to erect or purchase homes for themselves and their families (if any); or
(b) any moneys set aside by the Authority, out of any funds available to it, for the purpose of providing finance to assist persons to erect or purchase homes for themselves and their families (if any);
instrument of constitution means the Act or other instrument by which, a lending institution is constituted and by authority of, or subject to, which, the institution carries on its business, and includes rules, local laws, by‑laws, regulations, and other subordinate authorisations effective under the Act or other instrument;
lending institution means —
[(a) deleted]
(b) a lending authority of the State; or
(c) a body approved by the Minister as a body to which loans may be made under this Division;
loan agreement means an agreement between the State and a lending institution in relation to a loan from home finance moneys for on‑lending by the institution to assist borrowers to erect or purchase homes for themselves and their families (if any), and the terms Commonwealth Housing Act and Housing Agreement have the meanings respectively given to them in Division 1.
(2) Nothing in this Division authorises the making of a loan from home finance moneys referred to in paragraph (a) of the definition of that term in subsection (1) other than to an institution to which such a loan may be made under the terms of the relevant Commonwealth Housing Act or Housing Agreement.
[Section 52 amended: No. 14 of 1996 s. 4; No. 10 of 1998 s. 9(2); No. 26 of 1999 s. 87; No. 12 of 2001 s. 51; No. 17 of 2005 s. 28(2); No. 28 of 2006 s. 332.]
53. Power to make loan agreements
Power to enter into and to carry out loan agreements with the State is conferred by this Act on a lending institution, notwithstanding that the power is not conferred by the instrument of constitution of the lending institution, and notwithstanding any provision of the instrument of constitution to the contrary.
54. Terms and conditions of agreement
(1) The State and a lending institution may agree to the inclusion in a loan agreement of such terms and conditions as they think fit, but the provisions of section 55 apply to, and are included by virtue of this section in, every loan agreement entered into before or after the coming into operation of this Act, whether those provisions are or are not expressly included by the agreement in it, or are expressly excluded by the agreement from it.
(2) Without limiting the generality of subsection (1), the conditions which may be included in a loan agreement include conditions —
(a) fixing or limiting the rate of interest payable by borrowers in respect of moneys advanced to them by the lending institution; and
(b) fixing or limiting the term or period of years for which any advance may be made to a borrower by the lending institution; and
(c) prohibiting the lending institution from making any advance to a borrower where the value of the house, or of the house and land, in respect of which the advance is sought, exceeds the amounts respectively determined from time to time by the Minister; and
(d) prohibiting the lending institution from making any advance to a borrower whose income exceeds the amount determined from time to time by the Minister.
55. Floating security and charge
(1) Subject to sections 56 and 57 where a lending institution makes a loan agreement the State has, by virtue of this Act and notwithstanding the provisions of any other Act or delegated legislation, or of the instrument of constitution of the lending institution, as floating security for the due observance by the lending institution of the terms and conditions of the loan agreement, a floating charge on the whole of the undertaking and other property and assets, present and future, of the lending institution.
(2) A floating charge created by this section has priority to all other charges, whether they arose or were created before, or arise or are created after the coming into operation of this Act.
(3) Any amount owing under a loan agreement by a lending institution to the State is a debt owing to the Crown.
(4) The floating security and charge and the debt owing to the Crown are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to Chapter 5 of that Act, to the extent to which subsections (1), (2) and (3) of this section provide for them in a way that would be inconsistent with that Chapter but for this declaration and section 5F of that Act.
(5) Unless and until —
(a) proceedings are commenced for winding up of the lending institution, whether —
(i) under Chapter 5 of the Corporations Act 2001 of the Commonwealth; or
[(ii) see Act No. 17 of 2005 s. 28(3) and No. 19 of 2010 s. 51 item No. 31]
(iii) by such other procedure as is provided for the winding up of the lending institution;
or
(b) the State, pursuant to the provisions, if any, of the loan agreement in respect of which the security and charge exist, directs otherwise,
the floating security and charge created by this section do not in any way preclude the lending institution from, or limit the lending institution in, carrying on business in the ordinary course as if the security did not exist and the charge had not been created.
[Section 55 amended: No. 10 of 1982 s. 28; No. 12 of 2001 s. 49; No. 20 of 2003 s. 30; No. 17 of 2005 s. 28(3); No. 19 of 2010 s. 51.]
56. Lending institution may give securities
(1) Where a lending institution makes or has made a loan agreement, it may, with the consent of the Treasurer and the Minister, execute such securities over so much of its property and assets both real and personal as create a charge thereon and which in the opinion of the Treasurer secure the due observance by the lending institution of the terms and conditions of the loan agreement.
(2) Where a lending institution makes or has made a loan agreement and, pursuant to subsection (1), executes in relation to that agreement such securities as are referred to in that subsection —
(a) the provisions of section 55 do not have effect or cease to have effect, as the case requires, so as to create any floating charge or security by virtue of the making of that agreement; and
(b) the Treasurer may, on the recommendation of the Minister, from time to time release from the charge such securities as are, in his opinion, no longer necessary to secure the due observance by the lending institution of the terms and conditions of the loan agreement.
(3) Any securities referred to in subsection (1) shall be, notwithstanding the provisions of any other Act and notwithstanding the existence on the property and assets of any other charge or encumbrance, by virtue of this subsection, a first charge on so much of the property and assets of the lending institution as is from time to time the subject of those securities.
57. Property and assets of lending institution may be released
Where —
(a) a lending institution has, at any time before or after the coming into operation of this Act, made a loan agreement; and
(b) the lending institution has not, in relation to that loan agreement, executed securities of the kind described in section 56(1),
the Treasurer may, at the request of the lending institution and on the recommendation of the Minister, release from the floating charge and security created by section 55 on the making of the loan agreement, such of the property and assets of the lending institution as are, in his opinion, no longer necessary to secure the due observance by the lending institution of the terms and conditions of the loan agreement.
58. Power of inspection of affairs of lending institution
(1) Where a lending institution is a party to a loan agreement the appropriate Minister of the State may, whenever he thinks fit, appoint a person to examine the affairs of the lending institution and to report to the Minister on the result of the examination.
(2) For the purpose of enabling him to make the examination, a person so appointed has, and if necessary may exercise, the powers conferred on a Royal Commission by the Royal Commissions Act 1968.
(3) An appointment in writing purporting to have been made under this section and purporting to have been signed by a Minister is sufficient authority for a person so appointed to exercise the functions and powers of examination.
59. Special powers of lending institutions to make advances of moneys, other than by way of mortgage
Notwithstanding anything to the contrary contained in any Act or delegated legislation or the instrument of constitution of a lending institution, the lending institution may make advances to a borrower other than upon security of freehold or leasehold property by way of mortgage where —
(a) the moneys being advanced to the borrower have been loaned to the lending institution under a loan agreement; and
(b) the moneys being advanced to the borrower will be used by him to purchase a house erected upon, or to erect a house upon, land which at the time the advance is made is held by the Authority.
[Section 59 amended: No. 28 of 2006 s. 332.]
Part VI — Specialized housing and community facilities
60. Authority may provide specialized housing
(1) For the purposes of this Act the Authority may —
(a) erect, acquire or take leases of, and furnish and equip specialized housing for the purpose of housing persons, including students and aged and infirm persons, whose housing requirements are not, in the opinion of the Authority, otherwise adequately provided for under the provisions of this Act;
(b) let or lease residential units in specialized housing to persons at such rentals, on such terms for such periods and subject to such covenants and conditions as the Authority considers fit and proper;
(c) provide, in relation to specialized housing, such amenities and facilities, separate or communal as, in the opinion of the Authority, are necessary or desirable for the comfort, health and convenience, or will serve a beneficial purpose in connection with the requirements of the persons to whom residential units in specialized housing are let or leased;
(d) provide for the proper conduct, management, control and supervision of specialized housing, including the provision of canteens and dining rooms and the employment of caretakers, supervisors and other persons necessary for the proper conduct, management, control and supervision of specialized housing;
(e) enter into arrangements with a local government or with any person approved by the Minister under which the local government or person shall undertake the conduct, management, control and supervision of specialized housing.
(2) In subsection (1) specialized housing means a building or group of buildings which contains a number of separate residential units suitable for the housing of persons including students and aged and infirm persons and which is designed so as to provide living amenities and facilities available for use in common by persons residing in those residential units.
[Section 60 amended: No. 14 of 1996 s. 4; No. 28 of 2006 s. 332.]
61. Community facilities
(1) In order to promote the establishment and growth of a community in any area and to meet health, social, educational, and recreational needs of the members of that community the Authority may, with the consent of the Minister, acquire land, or set aside land held by the Authority, for the purpose of providing, or providing sites for, community facilities and amenities and may, with the consent of the Minister —
(a) erect on the land, and furnish and equip, any buildings that the Authority considers necessary or desirable having regard to the purpose for which the land was acquired or set aside or enter into arrangements with a public authority, or approved person for the erection, furnishing and equipping of such a building;
(b) enter into arrangements with a public authority or approved person for the conduct, management, control, maintenance and supervision of the land and any building erected on the land and health, social, educational and recreational activities to be carried on on the land or in a building erected on the land;
(c) sell, let or lease any of the land, or let or lease any building erected on the land, for the purpose for which the land was acquired or set aside;
(d) surrender any of the land to Her Majesty for the purpose for which it was acquired or set aside.
(2) In subsection (1) —
approved person means a person approved by the Minister;
community facilities and amenities includes gardens, parks, public open spaces, places of recreation, shops, offices, theatres, religious buildings, infant health centres, pre‑school centres and care centres for children, meeting halls, schools, kindergartens, club and meeting rooms, libraries, swimming and bathing facilities, health centres, hospitals and other public utilities, and business or social facilities.
(3) The Minister shall not give his consent to the exercise by the Authority of its powers under subsection (1) to erect, furnish and equip any building unless he is satisfied that an opportunity has been given to the private sector to erect, furnish and equip the building and that that sector is not willing to erect, furnish and equip the building or is not willing to do so otherwise than on terms that are unsuitable.
[Section 61 amended: No. 28 of 2006 s. 332.]
Part VIIA — Housing on Aboriginal land
[Heading inserted: No. 6 of 2010 s. 9.]
Division 1 — Preliminary matters
[Heading inserted: No. 6 of 2010 s. 9.]
62A. Terms used
In this Part —
AAPA means The Aboriginal Affairs Planning Authority continued in existence under the AAPA Act section 8(1);
AAPA Act means the Aboriginal Affairs Planning Authority Act 1972;
Aboriginal entity means any of these entities —
(a) AAPA;
(b) ALT;
(c) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth);
(d) an incorporated association under the Associations Incorporation Act 2015 the membership of which is wholly or principally composed of persons of Aboriginal descent as defined in the AAPA Act section 4;
(e) an entity prescribed by the regulations for this definition;
Aboriginal land means —
(a) Crown land; or
(b) freehold land that is owned by AAPA, ALT or the State,
over which an Aboriginal entity has power to grant a lease;
ALT means the Aboriginal Lands Trust established by the AAPA Act section 20(1);
housing management agreement means an agreement entered into under section 62B(1);
lease includes a sublease;
nominated house, in relation to a housing management agreement, has the meaning given in section 62D(2);
nominated lot, in relation to a housing management agreement, has the meaning given in section 62D(1);
residential tenancy agreement has the meaning given in the Residential Tenancies Act 1987 section 3.
[Section 62A inserted: No. 6 of 2010 s. 9; amended: No. 30 of 2015 s. 232.]
Division 2 — Housing management agreements
[Heading inserted: No. 6 of 2010 s. 9.]
62B. Authority may enter into housing management agreement
(1) The Authority may enter into a housing management agreement in respect of Aboriginal land with an Aboriginal entity.
(2) The purpose of a housing management agreement is to enable the Authority to control and manage, on behalf of the Aboriginal entity, the letting and leasing of housing on the Aboriginal land.
(3) This Part does not require the Authority to enter into a housing management agreement with an Aboriginal entity.
[Section 62B inserted: No. 6 of 2010 s. 9.]
62C. Wishes of Aboriginal inhabitants to be ascertained
The Authority cannot —
(a) enter into a housing management agreement; or
(b) list under section 62D a lot or house as a lot or house in relation to which a housing management agreement applies,
unless the Authority is satisfied that doing so would accord with the wishes of the Aboriginal inhabitants of the Aboriginal land to the extent those wishes can be ascertained and are practicable.
[Section 62C inserted: No. 6 of 2010 s. 9.]
62D. Lots and houses to which housing management agreement applies
(1) A housing management agreement applies in relation to a lot (a nominated lot) that is listed in the housing management agreement for the period specified for the lot in the housing management agreement.
(2) A housing management agreement applies in relation to a house (a nominated house) that —
(a) is on a nominated lot; and
(b) is listed in the housing management agreement,
for the period specified for the house in the housing management agreement.
(3) A housing management agreement must provide for these matters —
(a) a lot to be added to, or removed from, the list referred to in subsection (1);
(b) a house to be added to, or removed from, the list referred to in subsection (2)(b);
(c) a period referred to in subsection (1) or (2) to be varied.
[Section 62D inserted: No. 6 of 2010 s. 9.]
62E. Rent for nominated lots and nominated houses
(1) In this section —
rent has the meaning given in the Residential Tenancies Act 1987 section 3.
(2) Rent for the let or lease of a nominated lot or nominated house is payable to the Authority.
(3) The amount of rent payable is the amount determined by the Authority and approved by the Minister.
(4) A determination under subsection (3) may provide for all or any of these matters —
(a) the payment of different rents in respect of different nominated lots or nominated houses or different classes of nominated lots or nominated houses;
(b) the payment of different rents by tenants of different classes;
(c) the allowance of rebates in the circumstances and subject to the conditions specified in the determination.
[Section 62E inserted: No. 6 of 2010 s. 9.]
62F. Other terms of housing management agreement
A housing management agreement must provide for these matters —
(a) the Authority to determine, subject to this Part and the Residential Tenancies Act 1987 as applied by section 62G(1), the terms of a residential tenancy agreement in respect of a nominated lot or nominated house;
(b) the Authority to decide, having regard to the wishes of the Aboriginal inhabitants of the Aboriginal land to the extent those wishes can be ascertained and are practicable, to whom a nominated lot or nominated house can be let or leased;
(c) the Authority to execute, on behalf of the Aboriginal entity as lessor, a residential tenancy agreement in respect of a nominated lot or nominated house;
(d) the period for which the housing management agreement has effect;
(e) the early termination of the housing management agreement, but only if the parties to the agreement agree to the early termination;
(f) the variation of the housing management agreement, but only if the parties to the agreement agree to the variation;
(g) the effect of early termination or variation of the housing management agreement on a residential tenancy agreement executed by the Authority under the housing management agreement;
(h) any other matters prescribed by the regulations for this section.
[Section 62F inserted: No. 6 of 2010 s. 9.]
62G. Application of Residential Tenancies Act 1987
(1) Subject to this Part and the housing management agreement, the Residential Tenancies Act 1987 applies in relation to the let or lease of a nominated lot or nominated house as if —
(a) the nominated lot or nominated house were residential premises as defined in section 3 of that Act; and
(b) the Authority were the lessor, as defined in section 3 of that Act, of those premises.
(2) However, the Authority is not to be treated as the lessor of a nominated lot or nominated house for any other purpose.
[Section 62G inserted: No. 6 of 2010 s. 9; amended: No. 60 of 2011 s. 100.]
62H. No interest in land created, property acquired or compensation payable
(1) A housing management agreement does not create any interest in Aboriginal land in favour of the Authority.
(2) A housing management agreement is not an acquisition of property.
(3) Compensation is not payable under any written law to an Aboriginal entity or other person because —
(a) an Aboriginal entity enters into a housing management agreement; or
(b) the Authority does anything that it is required or permitted to do under a housing management agreement.
[Section 62H inserted: No. 6 of 2010 s. 9.]
62I. No fees or charges payable in respect of housing management agreement
A party to a housing management agreement cannot require the payment of a fee or charge for —
(a) entering into the housing management agreement; or
(b) doing anything that the party is required or permitted to do under the housing management agreement.
[Section 62I inserted: No. 6 of 2010 s. 9.]
62J. Authority may act through agent
(1) The Authority may enter into an agreement (an agency agreement) with a person or body under which the person or body is authorised to exercise as the Authority’s agent all or any of the powers conferred on the Authority under a housing management agreement.
(2) The powers conferred on the Authority’s agent under the agency agreement are exercisable by the Authority’s agent in accordance with this Act, the housing management agreement and the agency agreement.
(3) The agency agreement may provide for the payment of a fee by the Authority to the Authority’s agent or another person for anything that the Authority’s agent is required or permitted to do under the agency agreement.
[Section 62J inserted: No. 6 of 2010 s. 9.]
62K. Delegation: powers and duties in relation to housing management agreement
(1) The Authority may delegate under this section to an officer of the Authority any power or duty of the Authority under any of these provisions —
(a) another provision of this Division;
(b) a provision of a housing management agreement;
(c) a provision of a residential tenancy agreement in respect of a nominated lot or nominated house;
(d) a provision of the Residential Tenancies Act 1987 as applied by section 62G(1).
(2) The delegation must be in writing executed by the Authority.
(3) An officer to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) An officer exercising or performing a power or duty that has been delegated to the officer under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) This section does not limit the ability of the Authority to perform a function through an officer of the Authority or an agent.
[Section 62K inserted: No. 6 of 2010 s. 9.]
Division 3 — Miscellaneous matters
[Heading inserted: No. 6 of 2010 s. 9.]
62L. Approval of Minister for Indigenous Affairs, AAPA or ALT not required
(1) In this section —
Minister for Indigenous Affairs means the Minister to whom the administration of the AAPA Act is committed.
(2) Subsection (3) applies despite —
(a) the AAPA Act and any other written law; and
(b) the terms and conditions of the grant of any interest, licence, right, title or estate under any written law by —
(i) the Minister for Indigenous Affairs; or
(ii) AAPA; or
(iii) ALT.
(3) The prior approval or consent of the Minister for Indigenous Affairs, AAPA or ALT is not required for a person —
(a) to enter into —
(i) a housing management agreement; or
(ii) a residential tenancy agreement in respect of a nominated lot or nominated house;
or
(b) to do anything the person is required or permitted to do under an agreement referred to in paragraph (a).
[Section 62L inserted: No. 6 of 2010 s. 9.]
62M. Application of Land Administration Act 1997
(1) In this section —
reserved Aboriginal land means Aboriginal land that is Crown land reserved for the purpose of the use and benefit of Aboriginal inhabitants (however that purpose is described).
(2) This Part does not affect the application of the Land Administration Act 1997 in relation to Aboriginal land that is Crown land.
(3) To avoid doubt, it is declared that the letting and leasing of housing on reserved Aboriginal land is, and always has been, consistent with the purpose for which that land is reserved.
[Section 62M inserted: No. 6 of 2010 s. 9.]
Part VII — Finance
62. Funds
(1) The funds necessary for the effectual execution of this Act shall be such moneys as are from time to time appropriated by Parliament and such moneys as the Authority may borrow or lawfully receive under and subject to the provisions of this Act.
(2) All such moneys are —
(a) to be credited to an agency special purpose account called the Housing Authority Account established under section 16 of the Financial Management Act 2006; and
(b) to be applied to the purposes of this Act.
(3) Subsection (2) does not affect the operation of any provision of a Commonwealth Housing Act or a Housing Agreement, within the meaning of Part V of this Act, requiring separate accounts to be kept in respect of moneys received and transactions entered into in accordance with that Act or Agreement.
(4) The interest on and contributions, at a rate to be fixed by the Treasurer, to the sinking fund for the redemption of moneys appropriated by Parliament to the purposes of this Act from the Consolidated Account shall be paid by the Authority to the Treasurer from the Account half‑yearly and shall be applied by the Treasurer to recoup the Consolidated Account in respect of such interest and contributions.
(5) Where a sinking fund is created for the redemption of moneys borrowed by the Authority under section 63, the Authority shall, from moneys standing to the credit of the Account —
(a) pay the interest on those moneys; and
(b) set aside contributions to that sinking fund at a rate to be fixed by the Treasurer.
(6) Where moneys borrowed by the Authority under section 63 are repayable by instalments, periodical instalments of principal and interest shall be paid by the Authority from moneys standing to the credit of the Account.
(7) Moneys to the credit of a sinking fund created for the purpose of the redemption of moneys borrowed by the Authority under section 63 shall, until such time as they are required for that purpose, be invested by the Treasurer in such securities as he may think fit.
(8) Moneys to the credit of the Account not immediately required for the purposes of this Act may be invested by the Treasurer on behalf of the Authority in such securities as he may think fit.
[Section 62 amended: No. 6 of 1993 s. 11 and 14(3); No. 49 of 1996 s. 64; No. 28 of 2006 s. 330 and 332; No. 77 of 2006 s. 4 and Sch. 1 cl. 87(5) and (6); No. 46 of 2009 s. 17.]
63. Power to raise money
(1) The Authority may from time to time, with the approval of the Governor, given on the recommendation of the Minister and the Treasurer —
(a) borrow and reborrow moneys by the creation and issue and sale of debentures and of inscribed stock for the purpose of raising the funds of the Authority for the effectual execution of this Act;
(b) create and issue debentures and inscribed stock in exchange for the debentures issued in respect of moneys previously borrowed by the Authority and not repaid;
(c) create and issue and sell any debentures and inscribed stock for the purpose of raising money for redeeming any outstanding loans and paying any expenses incurred in the creation and issue of debentures and inscribed stock and otherwise carrying out the provisions of this Act;
(d) effect any conversion authorised by this section either by arrangement with the holders of existing debentures or registered owners of inscribed stock, or by the purchase of the debentures or inscribed stock out of moneys raised by the sale of debentures and inscribed stock, or partly in one way and partly in the other.
(2) The Minister and the Treasurer shall not make a recommendation under subsection (1) unless a proposal showing the term and particulars of the proposed loan, the rate of interest to be paid thereon, the manner in which the loan is to be repaid and the purposes to which the moneys borrowed are to be applied has been submitted to them by the Authority and approved by them.
(3) Any moneys borrowed by the Authority under this section —
(a) may be raised as one loan or as several loans; and
(b) may be raised —
(i) by the creation and issue of debentures; or
(ii) by the creation and issue of inscribed stock; or
(iii) partly as provided by subparagraph (i) and partly as provided by subparagraph (ii).
(4) For the purpose of making provision to repay either the whole or any part of any loan raised by the Authority under this section the Authority may, under and subject to this section, borrow the moneys necessary for that purpose before the loan or part of it becomes repayable.
(5) The due repayment of all moneys borrowed by the Authority under this section and the payment of all interest thereon are hereby guaranteed by the Government of the State.
(6) Any sums required by the Treasurer for fulfilling any guarantee given by this Act shall be charged to the Consolidated Account which is hereby to the necessary extent appropriated accordingly, and any sums received or recovered by the Treasurer from the Authority or otherwise in respect of a sum so charged by the Treasurer shall be credited to the Consolidated Account.
[Section 63 amended: No. 98 of 1985 s. 3; No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 28 of 2006 s. 332; No. 77 of 2006 s. 4.]
64. Provisions as to debentures and inscribed stock
(1) Debentures or inscribed stock shall not be issued by the Authority otherwise than —
(a) in a form authorised by the Treasurer; or
(b) as may be prescribed.
(2) Interest secured by any debenture is payable half yearly or on such other dates as are specified in the debenture at the rate and in the manner therein specified.
(3) No notice of any trust, express, implied or constructive, shall be received by the Authority or by an officer of the Authority in relation to a debenture or any inscribed stock issued pursuant to this Act, and the Authority or the officer is not bound to see to the execution of any trust to which a debenture or inscribed stock may be subject.
(4) A person advancing money to the Authority and receiving in consideration of the advance a debenture or inscribed stock issued under this Act is not bound to inquire into the application of the money advanced and is not in any way responsible for the non‑application or misapplication thereof.
(5) The Authority may pay brokerage in relation to any loan in respect of which a debenture or inscribed stock is issued.
(6) The Authority shall cause a register of debentures to be kept and within a reasonable time after the issue of a debenture shall cause to be made an entry in the register specifying the date, terms and amount of the debenture and, in the case of a debenture other than a bearer debenture, the holder of the debenture.
(7) Regulations made under this Act may make provision for the creation and issue of inscribed stock and in relation to the transfer or transmission of, and dealings in, inscribed stock.
[Section 64 inserted: No. 62 of 1983 s. 5; amended: No. 28 of 2006 s. 332.]
65. Application of Financial Management Act 2006 and Auditor General Act 2006
The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Authority and its operations.
[Section 65 inserted: No. 98 of 1985 s. 3; amended: No. 28 of 2006 s. 332; No. 77 of 2006 Sch. 1 cl. 87(7).]
[66‑67. Deleted: No. 98 of 1985 s. 3.]
Part VIII — Miscellaneous
68. Power to extend time
The Authority may, in cases of hardship, extend the due date for the payment of any moneys payable to the Authority by a purchaser, tenant, mortgagor or other debtor, for such time, and upon such terms and conditions, as the Authority with the approval of the Minister may determine.
[Section 68 amended: No. 28 of 2006 s. 332.]
69. Protection from personal liability
(1) An action in tort does not lie against a person other than the Authority for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.
(2) The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.
(3) Despite subsection (1), neither the Authority nor the Crown is relieved of any liability that it might have for another person having done anything as described in that subsection.
(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.
[Section 69 inserted: No. 28 of 2006 s. 331.]
70. Regulations generally
(1) The Governor may make such regulations, not inconsistent with this Act, as he considers necessary or convenient for giving effect to the objects and purposes of this Act or for facilitating the operation of this Act and of the Authority under this Act.
(2) A regulation may be made under this Act —
(a) so as to apply generally or in a particular class of case, or particular classes of cases, at all times or at a specified time or specified times;
(b) so as to require a matter affected by it to be in accordance with a specified requirement, or as approved by, or to the satisfaction of, the Authority or a specified person or body, or class of person or body, and so as to delegate to or confer upon the Authority or a specified person or body, or class of person or body, a discretionary authority;
(c) so as to provide that in specified cases, or a specified class of case, or specified classes of cases, whether on specified conditions or unconditionally, persons or things or a class or classes of persons or things may be exempted from any provisions of the regulations either wholly or to such extent as is specified;
(d) so as to impose a penalty not exceeding $100 for a breach of any regulation.
[Section 70 amended: No. 28 of 2006 s. 332.]
71. Regulations as to fees
Without limiting the generality of section 70 the Governor may make regulations prescribing the fees to be paid —
(a) in respect of applications made under this Act;
(b) for any valuation, inspection, report, plan or specification prepared or made for the purposes of this Act;
(c) for the preparation by the Authority of tenancy agreements, contracts of sale, transfers, mortgages, discharges, releases and other instruments for the purposes of this Act;
(d) for the production by the Authority of documents of title to property and other instruments;
(e) for or with respect to the management, use, control, regulation and inspection of houses and other buildings and land maintained or caused to be maintained by the Authority,
and providing for the payment and recovery of such fees.
[Section 71 amended: No. 28 of 2006 s. 332.]
72. Payment of fees and duties
The Authority may pay registration fees and duty under the Duties Act 2008 in relation to a sale made under Division 4 of Part III or a loan made under Division 1 of Part IV on behalf of the person to whom the sale or loan is made and may recover the amount so paid from him.
[Section 72 amended: No. 28 of 2006 s. 332; No. 12 of 2008 Sch. 1 cl. 17(2).]
73. Addition of certain amounts to balance of contract price or loan
(1) The Authority may add to the balance owing under a contract of sale under Division 4 of Part III or under a loan under Division 1 of Part IV —
(a) any amount payable to the Authority by the person to whom the sale or loan was made in respect of application, valuation, document preparation and other fees and expenses in connection with the sale or loan;
(b) any amount paid by the Authority pursuant to section 72 in relation to the sale or loan.
(2) An amount may be added pursuant to subsection (1) to the balance owing under a contract of sale or loan notwithstanding that the total amount so owing will thereby exceed the sum determined pursuant to section 34 or 40, whichever is applicable, in respect of a contract of sale or loan of that kind.
[Section 73 amended: No. 28 of 2006 s. 332.]
Part IX — Saving and transitional provisions
74. Continuity of status and operation
Unless the contrary intention appears in this Act —
(a) all persons, things and circumstances appointed or created by or under the repealed Act or existing or continuing under the repealed Act immediately before the coming into operation of this Act shall under and subject to this Act continue to have the same status, operation and effect as they would have had if that Act had not been repealed;
(b) in particular and without affecting the generality of paragraph (a), the repeal effected by section 3 shall not disturb the continuity of status, operation or effect of any appointment, notice, certificate, contract, agreement, debenture, charge, security, tenancy agreement, authorisation, consent, approval, refusal, declaration, determination, recommendation, request, appeal, register, guarantee, deposit, insurance policy, appraisement, re‑appraisement, valuation, delegation, estate, interest, notification, confirmation, validation, extension of time, proceeding, liability or right made, given, entered into, issued, granted, effected, maintained, lodged, incurred or acquired or existing or continuing by or under the repealed Act before the coming into operation of this Act.
75. Membership of Commission
Notwithstanding section 74 a person holding office as a member of the Commission under section 9(1)(b) of the repealed Act immediately before the coming into operation of this Act shall, by virtue of the coming into operation of this Act, vacate that office but, subject to this Act, such a person shall be eligible for reappointment as a member of the Commission as constituted under this Act.
76. Continuation of provisions relating to earlier Acts and bodies
Without limiting the generality of section 74 and notwithstanding section 3 —
(a) the provisions of subsections (3) and (4) of section 16 of the repealed Act shall continue to apply to and in respect of advances referred to in subsection (3) of that section;
(b) the Commission shall continue to have the powers, functions and duties conferred or imposed on it by subsections (1) and (2) of section 21A of the repealed Act and the provisions of subsection (3) of that section continue to apply to the exercise of those powers and functions and the carrying out of those duties.
77. Contracts of sale, mortgages and tenancies
Contracts of sale, mortgages and tenancy agreements entered into under the repealed Act and subsisting at the coming into operation of this Act shall be deemed to be contracts of sale, mortgages and tenancy agreements, respectively, pursuant to this Act but —
(a) the amount of the moneys, including interest (if any), owing under such a contract of sale or mortgage and the times at which and amounts in which those moneys shall be paid or repaid; and
(b) the rents and other amounts (if any) payable under such a tenancy agreement; and
(c) the proceedings that may be taken by, and the other rights, remedies and obligations of, the Commission and the other party or parties to such a contract of sale, mortgage or tenancy agreement,
shall be determined in accordance with the provisions of the contract of sale, mortgage or tenancy agreement and of the repealed Act and the regulations thereunder.
78. Perpetual leases
Notwithstanding section 3 the provisions of the repealed Act and the regulations thereunder shall continue to apply to and in relation to perpetual leases granted under Part V of the repealed Act and subsisting at the coming into operation of this Act.
79. References
Where in any Act, regulation, rule, local law, by‑law, proclamation, Order in Council or other document or instrument there is —
(a) a reference to the Commission constituted under the repealed Act;
(b) a reference that, before the coming into operation of this Act, was deemed to be a reference to the Commission constituted under the repealed Act,
that reference shall, unless because of the context or of the provisions of this Part it would be incorrect so to do, be read and construed as reference to the Commission as preserved and continued under this Act.
[Section 79 amended: No. 14 of 1996 s. 4.]
80. Construction
This Part shall be construed as being in addition to the provisions of the Interpretation Act 1918 4, and unless the contrary intention appears, shall not be construed as limiting or otherwise affecting the operation of those provisions to and in relation to the repeal effected by section 3.
[Schedule deleted: No. 62 of 1983 s. 6.]
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Notes
1 This is a compilation of the Housing Act 1980 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Compilation table
| Short title | | Number and year | | Assent | Commencement |
|---|
| Housing Act 1980 | | 58 of 1980 | | 24 Nov 1980 | 1 Jan 1981 (see s. 2 and Gazette 24 Dec 1980 p. 4349) |
| Companies (Consequential Amendments) Act 1982 s. 28 | | 10 of 1982 | | 14 May 1982 | 1 Jul 1982 (see s. 2(1) and Gazette 25 Jun 1982 p. 2079) |
| Housing Amendment Act 1983 5 | | 62 of 1983 | | 13 Dec 1983 | Act other than s. 4: 13 Dec 1983 (see s. 2(1)); s. 4: 1 Jan 1984 (see s. 2(2)) |
| Acts Amendment (Financial Administration and Audit) Act 1985 s. 3 | | 98 of 1985 | | 4 Dec 1985 | 1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255) |
| Financial Administration Legislation Amendment Act 1993 s. 11 and 14(3) | | 6 of 1993 | | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) |
| Acts Amendment (Public Sector Management) Act 1994 s. 19 | | 32 of 1994 | | 29 Jun 1994 | 1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
| Planning Legislation Amendment Act (No. 2) 1994 s. 46(7) | | 84 of 1994 | | 13 Jan 1995 | 1 Mar 1995 (see s. 2 and Gazette 21 Feb 1995 p. 567) |
| Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 s. 188 | | 73 of 1995 | | 27 Dec 1995 | 1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291) |
| Local Government (Consequential Amendments) Act 1996 s. 4 | | 14 of 1996 | | 28 Jun 1996 | 1 Jul 1996 (see s. 2) |
| Statutory Corporations (Liability of Directors) Act 1996 s. 3 | | 41 of 1996 | | 10 Oct 1996 | 1 Dec 1996 (see s. 2 and Gazette 12 Nov 1996 p. 6301) |
| Financial Legislation Amendment Act 1996 s. 64 | | 49 of 1996 | | 25 Oct 1996 | 25 Oct 1996 (see s. 2(1)) |
| Transfer of Land Amendment Act 1996 s. 153(1) | | 81 of 1996 | | 14 Nov 1996 | 14 Nov 1996 (see s. 2(1)) |
| Acts Amendment (Land Administration) Act 1997 Pt. 33 | | 31 of 1997 | | 3 Oct 1997 | 30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765) |
| Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 9(2) | | 10 of 1998 | | 30 Apr 1998 | 30 Apr 1998 (see s. 2(1)) |
| Reprint of the Housing Act 1980 as at 27 May 1999 (includes amendments listed above) | | | | | |
| Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 87 | | 26 of 1999 | | 29 Jun 1999 | 1 Jul 1999 (see s. 2 and Gazette 30 Jun 1999 p. 2905) |
| Building Societies Amendment Act 2001 s. 49 and 51 | | 12 of 2001 | | 13 Jul 2001 | 13 Jul 2001 (see s. 2) |
| Corporations (Consequential Amendments) Act (No. 2) 2003 Pt. 10 | | 20 of 2003 | | 23 Apr 2003 | 15 Jul 2001 (see s. 2(1) and Cwlth Gazette 13 Jul 2001 No. S285) |
| Acts Amendment (Equality of Status) Act 2003 Pt. 29 | | 28 of 2003 | | 22 May 2003 | 1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
| Housing Societies Repeal Act 2005 s. 28 | | 17 of 2005 | | 5 Oct 2005 | 10 Jul 2010 (see s. 2(3) and Gazette 9 Jul 2010 p. 3239) |
| Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15 | | 38 of 2005 | | 12 Dec 2005 | 9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
| Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 10 Div. 4 6 | | 28 of 2006 | | 26 Jun 2006 | 1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
| Reprint 2: The Housing Act 1980 as at 18 Aug 2006 (includes amendments listed above except those in the Housing Societies Repeal Act 2005) | | | | | |
| Land Information Authority Act 2006 s. 137 | | 60 of 2006 | | 16 Nov 2006 | 1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369) |
| Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 87 | | 77 of 2006 | | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
| Duties Legislation Amendment Act 2008 Sch. 1 cl. 17 | | 12 of 2008 | | 14 Apr 2008 | 1 Jul 2008 (see s. 2(d)) |
| Statutes (Repeals and Minor Amendments) Act 2009 s. 17 | | 46 of 2009 | | 3 Dec 2009 | 4 Dec 2009 (see s. 2(b)) |
| Aboriginal Housing Legislation Amendment Act 2010 Pt. 2 | | 6 of 2010 | | 25 May 2010 | 1 Jul 2010 (see s. 2(b) and Gazette 22 Jun 2010 p. 2767) |
| Standardisation of Formatting Act 2010 s. 51 7 | | 19 of 2010 (as amended by No. 17 of 2014 s. 39(4)) | | 28 Jun 2010 | it. 31 the amendment to s. 5(1): 11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341); it. 31 the amendment to s. 55(5) other than the amendment to delete “or on termination” and insert “or (ii) on termination”: 11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
| Public Sector Reform Act 2010 s. 89 | | 39 of 2010 | | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
| Reprint 3: The Housing Act 1980 as at 10 Dec 2010 (includes amendments listed above) | | | | | |
| Residential Tenancies Amendment Act 2011 Pt. 5 Div. 2 | | 60 of 2011 | | 14 Dec 2011 | 1 Jul 2013 (see s. 2(b) and Gazette 3 May 2013 p. 1735) |
| Water Services Legislation Amendment and Repeal Act 2012 s. 218 | | 25 of 2012 | | 3 Sep 2012 | 18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028) |
| Statutes (Repeals and Minor Amendments) Act 2014 s. 26 | | 17 of 2014 | | 2 Jul 2014 | 6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213) |
| Associations Incorporation Act 2015 s. 232 | | 30 of 2015 | | 2 Nov 2015 | 1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291-2) |
| Public Health (Consequential Provisions) Act 2016 s. 101 and Pt. 5 Div. 9 | 19 of 2016 | | 25 Jul 2016 | | s. 101: 24 Jan 2017 (see s. 2(1)(c) and Gazette 10 Jan 2017 p. 165); Pt. 5 Div. 9: 20 Sep 2017 (see s. 2(1)(c) and Gazette 19 Sep 2017 p. 4880) |
| Reprint 4: The Housing Act 1980 as at 2 Sep 2016 (includes amendments listed above except the Public Health (Consequential Provisions) Act 2016) | | | | | |