1Housing Act 1982

NORTHERN TERRITORY OF AUSTRALIA HOUSING ACT 1982 As in force at 10 February 2026 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Repeal ............................................................................................. 1 4 Application ....................................................................................... 1 5 Definitions ........................................................................................ 1 5AA Meaning of social housing lease...................................................... 5 5A Application of Criminal Code ........................................................... 5 Part 2 Chief Executive Officer (Housing) Division 1 Establishment and related matters 6 Chief Executive Officer (Housing).................................................... 5 7 Constitution of Chief Executive Officer (Housing) ............................ 6 11 Disclosure of interest ....................................................................... 6 14 Delegation ....................................................................................... 6 Division 2 Functions and Powers of the Chief Executive Officer (Housing) 15 Functions of Chief Executive Officer (Housing) ............................... 6 16 Powers of Chief Executive Officer (Housing) ................................... 7 17 Ministerial control............................................................................. 8 18 Power of Chief Executive Officer (Housing) to enter land and take property of Chief Executive Officer (Housing) .......................... 9 19 Tenant to be responsible for maintenance of dwelling ..................... 9 20 Removal of illegal structures............................................................ 9 20A Social housing eligibility criteria ..................................................... 10 Division 3 Funding for Chief Executive Officer (Housing) 21 Moneys of Chief Executive Officer (Housing) ................................ 10 Part 3 Provision of housing and rental of dwellings 22 Chief Executive Officer (Housing) to administer prescribed housing schemes........................................................................... 11 23 Rent payable for dwellings and other premises ............................. 11 Housing Act 1982 ii Part 4 Provision of housing assistance 24 Housing assistance schemes ........................................................ 11 25 Trust account ................................................................................. 12 26 Money may be advanced or paid for certain purposes .................. 12 27 Chief Executive Officer (Housing) may accept advances .............. 13 28 Maintenance and insurance of dwellings and houses ................... 13 Part 5 Behaviour on public housing premises Division 1 Key concepts 28A Meaning of antisocial behaviour .................................................... 13 28B Meaning of acceptable behaviour agreement ................................ 14 Division 2 Agreements about acceptable behaviour 28C Acceptable behaviour agreements ................................................ 14 Division 3 Powers when prescribed offences or antisocial behaviour happen 28D Power to require name and address and, if relevant, age ............. 15 28E Power to give direction to person on public housing premises ...... 16 28F Direction to leave must be in writing or by later written notice ....... 17 28G Power to seize a dangerous article or a container of liquor ........... 17 Part 6 Review of decisions 28H Review of particular decision of public housing safety officer ........ 19 28J Application for reconsideration of original decision ........................ 19 28K Reconsideration by CEO ............................................................... 19 28L Application for review of reconsidered decision ............................. 20 28M Operation and implementation of reconsidered decision ............... 20 28N Hearing procedure ......................................................................... 21 28P Decision on review of reconsidered decision ................................. 21 Part 7 Public housing safety officers Division 1 Appointed PHSO 28Q Appointment of public sector employees as public housing safety officers ................................................................................ 21 28R Identity card ................................................................................... 22 28S Return of identity card ................................................................... 22 28T Obligations with regard to identity card .......................................... 23 28U Disqualifying offences by appointed PHSO ................................... 23 28V Code of conduct for appointed PHSO ........................................... 23 Housing Act 1982 iii Division 2 Provisions for all public housing safety officers 28W Interaction with specific Acts.......................................................... 24 28X Internal review ............................................................................... 25 Division 3 Exercise of powers in relation to other premises 28Y Agreement with community housing provider ................................ 25 28YA Community housing provider to advise tenants ............................. 25 28YB Effect of agreement ....................................................................... 26 Part 8 Miscellaneous matters Division 1 Annual report, liability and other matters 29 Annual reporting ............................................................................ 27 30 Protection of persons acting for Chief Executive Officer (Housing) ....................................................................................... 27 30A Protection of public housing safety officers ................................... 28 31 Acquisition on just terms ................................................................ 28 31A Delegation by CEO ........................................................................ 28 32 Liability for rates and water and sewerage charges, &c. ............... 28 34 Application of Residential Tenancies Act 1999 .............................. 29 35 Minister may determine amount at which a dwelling shall be sold ................................................................................................ 29 Division 2 Further offences and related matters 36 Giving misleading document to Chief Executive Officer (Housing) ....................................................................................... 29 36A Failing to notify about change in income ....................................... 30 36B Giving misleading information or document to public housing safety officer .................................................................................. 31 36C Obstructing public housing safety officer ....................................... 32 36D Security cameras or surveillance devices ...................................... 32 36E Prosecutions .................................................................................. 33 37 Regulations.................................................................................... 33 Part 9 Transitional matters for Housing Act 1982 41 Continuation of existing schemes .................................................. 34 42 Enforcement of contracts against Home Finance Trustee ............. 35 43 Repayment of advance .................................................................. 35 Housing Act 1982 iv Part 10 Transitional matters for Housing Amendment Act 2005 44 Definitions ...................................................................................... 36 45 Scheme under repealed Home Purchase Regulations .................. 36 46 Schemes under repealed Housing Assistance Regulations .......... 36 47 Scheme under repealed Housing Sales Regulations .................... 37 Part 11 Transitional matters for Housing Amendment Act (No. 2) 2005 48 Definitions ...................................................................................... 37 49 Scheme under repealed Housing (Concessional Loans) Regulations.................................................................................... 37 50 Scheme under repealed Housing Loans Regulations.................... 37 Part 12 Transitional provisions for Housing and Other Legislation Amendment Act 2011 51 Existing acceptable behaviour agreement ..................................... 38 Schedule Acts repealed ENDNOTES NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 10 February 2026 ____________________ HOUSING ACT 1982 An Act to provide for the provision of housing and other accommodation for letting or sale, matters relating to tenants and others on leased housing or other accommodation, and for related purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the Housing Act 1982. 2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Repeal The Acts specified in the Schedule are repealed. 4 Application This Act binds the Crown in right of the Territory. 5 Definitions In this Act: acceptable behaviour agreement , see section 28B. affected person, for Part 6, see section 28J(1). antisocial behaviour , see section 28A. appoint includes reappoint. appointed PHSO means a public sector employee appointed under section 28Q(1) as a public housing safety officer. Note There are 2 types of public housing safety officers. Police officers are public housing safety officers while other public housing safety officers are appointed. Part 1 Preliminary matters Housing Act 1982 2 CEO is an acronym for the Chief Executive Officer. common property means: (a) common property, as defined in section 4 of the Unit Titles Act 1975; or (b) common property of a scheme, as defined in section 33(1) of the Unit Title Schemes Act 2009. community housing provider means a registered community housing provider as defined in section 4(1) of the Community Housing Providers National Law (NT). dangerous article means anything designed, or capable of being used, to inflict harm on a person. disqualifying offence means an offence prescribed by regulation as a disqualifying offence. dwelling means a house built or otherwise acquired, and retained, by the Chief Executive Officer (Housing) or a house in the control of the Chief Executive Officer (Housing) as agent for the purpose of section 16(2)(h). eligible person means a person who meets the social housing eligibility criteria as determined from time to time. equipment, in relation to a dwelling, includes any furnishings, fitments and appliances provided in the dwelling by the Chief Executive Officer (Housing) for the better use of the dwelling as a residence. former Act means the Housing Act 1959 as in force immediately before the commencement of this Act. former Commission means the Northern Territory Housing Commission established by the former Act. Home Finance Trustee means the Home Finance Trustee within the meaning of section 4 of the Housing Loans Act 1949. house means a residence of any kind and includes: (a) an apartment, flat, hostel, townhouse, transportable home or unit; and (b) accommodation declared by the Minister, by Gazette notice, to be a house for the purposes of this Act; and Part 1 Preliminary matters Housing Act 1982 3 (c) the appurtenances, out-buildings, fences and permanent provision for lighting, water supply, drainage and sewerage provided in connection with a house, and, in relation to letting, vacating, evicting or selling, also includes the land on which a house is situated, but does not otherwise include any land. let, in relation to a dwelling, includes sub-let and also includes lease or sub-lease the land on which the dwelling is situated. liquor, see section 4(1) of the Liquor Act 2019. maintain means repair, alter, extend, renovate, equip, furnish or otherwise affect premises. market value, in relation to a dwelling, means the highest amount that, in the opinion of the Valuer-General, the dwelling, including the land on which the dwelling is situated, could be sold for if offered for sale by private treaty. on, in relation to a place (however described), includes at or in the place. original decision, see section 28H. premises means a house and includes the land upon which a house is built. prescribed housing scheme means a housing scheme prescribed by regulation for section 22. prescribed offence means an offence against any of the following: (a) section 241 of the Criminal Code 1983 or any other provision of the Code if assault is an element of the offence; (b) section 173, 183 or 189 of the Liquor Act 2019; (c) section 47, 47AA or 50 of the Summary Offences Act 1923; (d) section 13(1) or (2), 14(1), 15(1) or (2), 16(1) or 17(2) of the Trespass Act 2023. public housing development means a building development consisting of: (a) units for which the Chief Executive Officer (Housing) is the registered proprietor, or lessee, of all units in the development; or Part 1 Preliminary matters Housing Act 1982 4 (b) apartments, flats or townhouses (but not units) for which the Chief Executive Officer (Housing) is the registered proprietor or lessee of the lot on which the building development is situated. public housing premises means: (a) premises that are owned or leased by the Chief Executive Officer (Housing) or the Territory for the purpose of being let to eligible persons by the Chief Executive Officer (Housing) or the Territory under a prescribed housing scheme, whether or not the premises have been let; and (b) if the premises mentioned in paragraph (a) are: (i) a unit in a public housing development – any common property in the development; or (ii) an apartment, flat or townhouse in a public housing development – any common areas in the development. public housing safety officer means: (a) an appointed PHSO; or (b) a police officer. reasonably believes means believes on grounds that are reasonable in the circumstances. recognised occupier, of premises, means someone whom the tenant of the premises has notified the Chief Executive Officer (Housing), in writing, is or will be occupying the premises and the Chief Executive Officer (Housing) has made a notation in relation to the lease about the occupancy. reconsidered decision, for Part 6, see section 28K(1). social housing eligibility criteria, see section 20A(1). social housing lease, see section 5AA. tenant of public housing premises means the person specified in the lease for the public housing premises as the tenant of those premises. unit means: (a) a unit, as defined in section 4 of the Unit Titles Act 1975; or Part 2 Chief Executive Officer (Housing) Division 1 Establishment and related matters Housing Act 1982 5 (b) a unit of a scheme, as defined in section 37 of the Unit Title Schemes Act 2009. 5AA Meaning of social housing lease A social housing lease is: (a) a lease of public housing premises granted to an eligible person by the Chief Executive Officer (Housing) or the Territory under a prescribed housing scheme; or (b) a lease of premises granted to an eligible person by a community housing provider in accordance with a prescribed housing scheme. Note for section 5AA A social housing lease is a tenancy agreement under the Residential Tenancies Act 1999. 5A Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 5A Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Part 2 Chief Executive Officer (Housing) Division 1 Establishment and related matters 6 Chief Executive Officer (Housing) (1) There is established an entity by the name of the Chief Executive Officer (Housing). (2) The Chief Executive Officer (Housing): (a) is a body corporate sole with perpetual succession; and (b) has a common seal; and (c) is capable, in its corporate name, of acquiring, holding and disposing of real, leasehold and personal property and of suing and being sued. Part 2 Chief Executive Officer (Housing) Division 2 Functions and Powers of the Chief Executive Officer (Housing) Housing Act 1982 6 (3) All courts, judges and persons acting judicially must take judicial notice of the seal of the Chief Executive (Housing) affixed to a document and must presume that it was duly affixed. 7 Constitution of Chief Executive Officer (Housing) The Chief Executive Officer (Housing) is constituted by the Chief Executive Officer, as defined in section 3 of the Public Sector Employment and Management Act 1993, of the Agency responsible under the Minister for the administration of this Act. 11 Disclosure of interest (1) If the CEO of the Agency responsible under the Minister for the administration of this Act has a direct or indirect pecuniary interest in a matter being or to be considered by the Chief Executive Officer (Housing), the CEO must, as soon as practicable after he or she becomes aware of a potential conflict of interest because of that pecuniary interest, disclose the nature of it to the Minister, and the Chief Executive Officer (Housing) must, subject to subsection (2), refrain from further consideration of, or from considering, that matter. (2) The Minister may, after considering the nature of the pecuniary interest disclosed, direct the Chief Executive Officer (Housing) to continue its consideration of, or to consider, the matter. 14 Delegation (1) The Minister may, in writing, delegate to a person any of the powers and functions of the Minister under this Act, other than this power of delegation. (2) The Chief Executive Officer (Housing) may, in writing under its seal, delegate to a person any of its powers and functions under this or any other Act, other than this power of delegation. Division 2 Functions and Powers of the Chief Executive Officer (Housing) 15 Functions of Chief Executive Officer (Housing) The functions of the Chief Executive Officer (Housing) are: (a) to provide and to assist in the provision of residential accommodation; and (b) to provide accommodation, whether residential, office, industrial or otherwise, for Territory or Commonwealth public purposes; and Part 2 Chief Executive Officer (Housing) Division 2 Functions and Powers of the Chief Executive Officer (Housing) Housing Act 1982 7 (c) any other functions imposed on the Chief Executive Officer (Housing) under this or any other Act. 16 Powers of Chief Executive Officer (Housing) (1) Subject to this Act, the Chief Executive Officer (Housing) has power to do all things that are necessary or convenient to be done for or in connection with or incidental to the performance of its functions and the exercise of its powers. (2) Without limiting the generality of subsection (1), the Chief Executive Officer (Housing) may do any of the following for the purpose of carrying out its functions or exercising its powers, including the powers conferred upon it elsewhere under this or any other Act: (a) acquire, hold and dispose of real or personal property, or any interest therein, and any rights, privileges, permits, licences and authorities; (b) prepare sites for building; (c) build on land, including land held by a private person; (d) maintain, manage and control premises; (e) let premises; (f) sell dwellings; (g) provide financial and other assistance for the acquisition of land or buildings for accommodation, and for building and maintaining premises for accommodation; (h) act as agent for the Territory or Commonwealth in administering a Territory or Commonwealth housing scheme; (j) manufacture or otherwise produce its own materials; (k) build, purchase or otherwise acquire, with the Minister's written approval, and maintain premises and other buildings for its own immediate or future office or industrial requirements; (m) build, purchase or otherwise acquire, with the Minister's written approval, and control, manage and maintain premises and other buildings for the immediate or future needs of the Territory or Commonwealth; Part 2 Chief Executive Officer (Housing) Division 2 Functions and Powers of the Chief Executive Officer (Housing) Housing Act 1982 8 (n) sell, lease or otherwise dispose of real or personal property, including any part of premises and buildings referred to in paragraph (k) or (m), that is then surplus to its own, the Territory's or the Commonwealth's needs. (3) Subject to this Act and to any rights or duties the Chief Executive Officer (Housing) may have as a mortgagee in a particular case, the Chief Executive Officer (Housing) must not sell real or personal property (other than building materials) unless the sale is made either by public auction or after inviting public tenders for the purchase of the property. (3A) Where property remains unsold after being offered for sale by public auction or public tender under subsection (3), the Chief Executive Officer (Housing) may, either by itself or by an agent or agents appointed for the purpose, offer the property for sale to the public on such terms and conditions as the Chief Executive Officer (Housing) may specify. (3B) An offer under subsection (3A) remains open for a period of 6 months commencing with the day on which the public auction was held or, as the case may be, the public tenders closed, or until a binding arrangement for the sale of the property has been entered into, whichever is sooner. (3C) Notwithstanding that property may be offered for sale pursuant to subsection (3) or (3A), the Chief Executive Officer (Housing) may withdraw the property from sale at any time: (a) where the property is offered under subsection (3), before the day on which the public auction is held or, as the case may be, public tenders are to close; or (b) where the property is offered under subsection (3A), before a binding arrangement for sale has been entered into. (4) The Minister may, in writing, authorise the Chief Executive Officer (Housing) to sell, lease or otherwise dispose of real or personal property, being property of the Chief Executive Officer (Housing), to the Territory, a statutory corporation or a person of a class of persons specified in the authorisation, and the Chief Executive Officer (Housing) may sell, lease or otherwise dispose of the property accordingly. 17 Ministerial control In the exercise of its powers and the performance of its functions, the Chief Executive Officer (Housing) is subject to the directions of the Minister. Part 2 Chief Executive Officer (Housing) Division 2 Functions and Powers of the Chief Executive Officer (Housing) Housing Act 1982 9 18 Power of Chief Executive Officer (Housing) to enter land and take property of Chief Executive Officer (Housing) (1) Where property of the Chief Executive Officer (Housing) is on, or affixed to or within a building located on, land which is either not leased to the Chief Executive Officer (Housing) or leased to the Chief Executive Officer (Housing) and occupied by another person, the Chief Executive Officer (Housing) may, by such agents, employees and workers as it thinks fit for the purpose, enter and remove its property from that land, and, for the purpose of such removal, use any road, railway, tramway or other facility of transport on that land. (2) The owner, lessee, or person in occupation, of land entered under subsection (1) must be paid just compensation by the Chief Executive Officer (Housing) for damage, if any, suffered in respect of the entry or use of methods of transport. 19 Tenant to be responsible for maintenance of dwelling (1) The tenant of a dwelling must keep the dwelling and its equipment in the condition that, in the opinion of the Chief Executive Officer (Housing), it was in when that person became the tenant of that dwelling or as improved from time to time by the Chief Executive Officer (Housing), fair wear and tear, and damage by, or arising out of, fire, storm and tempest, flood or earthquake excepted. (2) Where the tenant of a dwelling has not complied with the requirements of subsection (1) in respect of the dwelling, the Chief Executive Officer (Housing) may enter that dwelling, by such agents, employees and workers as it thinks fit for the purpose, and cause to be carried out any work necessary to make good the default of that tenant. (3) The costs and expenses reasonably incurred by the Chief Executive Officer (Housing) in exercising its powers under subsection (2) are a debt due and payable to it by the tenant of the dwelling in respect of which those powers were exercised. 20 Removal of illegal structures (1) Where the tenant of a dwelling makes an alteration, addition or erection to, or demolishes the whole or any part of, premises leased by the tenant from the Chief Executive Officer (Housing) without prior approval from the Chief Executive Officer (Housing), the Chief Executive Officer (Housing) may give written notice to the tenant requiring that the premises be returned to the state that they were in, or as near thereto as is practicable, prior to the alteration, addition, erection or demolition. Part 2 Chief Executive Officer (Housing) Division 3 Funding for Chief Executive Officer (Housing) Housing Act 1982 10 (2) Where the tenant of a dwelling referred to in subsection (1) has not complied with a notice given under that subsection within 28 days after the date of service of the notice on the tenant, or such longer period as the Chief Executive Officer (Housing), by written notice to that tenant, allows, the Chief Executive Officer (Housing) may, by such agents, employees and workers as it thinks fit for the purpose, enter the premises, and cause to be carried out any work necessary to make good the default of that tenant. (3) The costs and expenses reasonably incurred by the Chief Executive Officer (Housing) in exercising its powers under subsection (2) are a debt due and payable to it by the tenant of the dwelling in respect of which those powers were exercised. 20A Social housing eligibility criteria (1) The Chief Executive Officer (Housing) must, in writing, determine the criteria (the social housing eligibility criteria) that a person must meet in order to be eligible for a social housing lease. (2) The social housing eligibility criteria must include criteria relating to a person's means and access to housing. (3) The Chief Executive Officer (Housing) must publish the social housing eligibility criteria on the Agency's website. Division 3 Funding for Chief Executive Officer (Housing) 21 Moneys of Chief Executive Officer (Housing) The moneys of the Chief Executive Officer (Housing) consist of: (a) moneys paid to it out of money appropriated for the purpose by the Legislative Assembly; and (b) such moneys as it receives in the performance of its functions and the exercise of its powers; and (c) moneys lent to it by the Territory or the Treasurer, or by a statutory corporation or financial institution; and (d) moneys advanced under section 27 to it. Part 4 Provision of housing assistance Housing Act 1982 11 Part 3 Provision of housing and rental of dwellings 22 Chief Executive Officer (Housing) to administer prescribed housing schemes Subject to section 16(2)(h), the Chief Executive Officer (Housing) must not, except with the Minister's written consent, administer a housing scheme other than a prescribed housing scheme. 23 Rent payable for dwellings and other premises (1) The Minister may, from time to time, by Gazette notice determine the rent to be paid for: (a) a dwelling or a class of dwelling; or (b) premises, or a class of premises, let under a prescribed housing scheme. (2) A determination under this section may be subject to conditions that the Minister thinks fit. (3) A determination under this section is to specify the date on which the rent will become payable for the dwelling or the class of dwelling or the premises or the class of premises. (3A) In making a determination under this section, the Minister is not required to afford any person, who would be affected by the determination, an opportunity to be heard in relation to the determination. (4) The rent to be paid for a dwelling or premises is the rent determined from time to time under subsection (1) and the rent is to be paid despite anything to the contrary contained in the tenancy agreement entered into in respect of the dwelling or premises or in any arrangement or agreement, or alleged arrangement or agreement, between the tenant of the dwelling or premises and any other person (including the Chief Executive Officer (Housing), the former Commission, the Territory or their employees or agents). Part 4 Provision of housing assistance 24 Housing assistance schemes (1) The Chief Executive Officer (Housing) must not administer a housing assistance scheme unless the Minister consents in writing to it administering the scheme or, if any amendments are made to the scheme, the scheme as amended. Part 4 Provision of housing assistance Housing Act 1982 12 (2) In this section: housing assistance scheme means a scheme for providing assistance in the purchase of housing. 25 Trust account (1) Despite the repeal, on the commencement of this Act, of section 33K of the former Act, the trust account established in pursuance of that section continues in existence for the purposes of subsection (2). (2) The Chief Executive Officer (Housing) must, in respect of the trust account continued in existence under subsection (1), debit to that account: (a) all repayments of advances made to it under this Part or formerly made to the Home Finance Trustee under the Housing Loans Act 1949; and (b) all payments of interest on advances referred to in paragraph (a); and (c) all moneys paid or advanced by it under this Part or formerly paid or advanced by the Home Finance Trustee under the Housing Loans Act 1949 (including costs of administration, maintenance, repairs or insurance of buildings). 26 Money may be advanced or paid for certain purposes For carrying out a prescribed housing assistance scheme, the Chief Executive Officer (Housing) may, on such terms and conditions as the Treasurer thinks fit (including a condition that the money need not be repaid or refunded to the Chief Executive Officer (Housing)), advance money to, or pay money on behalf of, a person to whom such a scheme relates to enable the person to do one or more of the following: (a) to erect a house on land owned or leased by the person; (b) to purchase land or a lease of land and erect a house on the land; (c) to purchase land on which a house is erected or a lease of such land; (d) to purchase a dwelling; (e) to complete a partially erected house owned by the person; Part 5 Behaviour on public housing premises Division 1 Key concepts Housing Act 1982 13 (f) to repair a damaged house owned by the person; (g) to modify a house owned by the person; (h) to purchase land or a lease of land on which is situated a partially erected or damaged house and complete the erection or repair of the house; (j) to exchange a house owned by the person; (k) to discharge a mortgage, charge or encumbrance already existing on land or a lease of land. 27 Chief Executive Officer (Housing) may accept advances For this Part, the Chief Executive Officer (Housing) may accept an advance made to it by a person approved by the Treasurer. 28 Maintenance and insurance of dwellings and houses The Chief Executive Officer (Housing) may make such payments as it thinks fit for the maintenance or insurance of a dwelling or house sold or in respect of which an advance has been made by it under this Part or formerly made by the Home Finance Trustee under the Housing Loans Act 1949 under a prescribed housing assistance scheme in force under this Part or Part 9 or formerly in force under the Housing Loans Act 1949 and in respect of which an amount of purchase money or the advance is owing. Part 5 Behaviour on public housing premises Division 1 Key concepts 28A Meaning of antisocial behaviour Behaviour is antisocial behaviour if it: (a) involves abusive or violent behaviour directed to a person; or (b) creates alarm or fear in, or annoyance to, neighbours or others in the vicinity; or (c) involves graffiti, littering or vandalism. Example of what may create annoyance Making excessive noise. Part 5 Behaviour on public housing premises Division 2 Agreements about acceptable behaviour Housing Act 1982 14 28B Meaning of acceptable behaviour agreement An acceptable behaviour agreement is a written undertaking entered into by a tenant of public housing premises about not engaging in antisocial behaviour on those premises and any place within 50 m of those premises. Division 2 Agreements about acceptable behaviour 28C Acceptable behaviour agreements (1) If the Chief Executive Officer (Housing) reasonably believes a tenant of public housing premises, or a recognised occupier of those premises, is likely to engage in antisocial behaviour, the Chief Executive Officer (Housing) may, by written notice, require the tenant to enter into an acceptable behaviour agreement. (2) The notice must include the following information about the acceptable behaviour agreement: (a) the period within which the tenant is required to enter into it (being not less than 28 days after the notice is given); (b) the period for which the agreement is to have effect; (c) a description of the antisocial behaviour and the terms of the agreement; (d) a statement about the operation of the agreement as specified by subsection (4); (e) a statement that the Chief Executive Officer (Housing) may apply to a court under section 99A of the Residential Tenancies Act 1999 for termination of the lease if the tenant: (i) fails or refuses to enter into the agreement; or (ii) seriously or repeatedly breaches the terms of the agreement. (3) The Chief Executive Officer (Housing) may form the belief mentioned in subsection (1) having regard to the following matters, including matters that happened before the commencement of this section: (a) the history of the tenancy or a former tenancy involving the tenant whether as a tenant or recognised occupier; Part 5 Behaviour on public housing premises Division 3 Powers when prescribed offences or antisocial behaviour happen Housing Act 1982 15 (b) the history of another tenancy involving a recognised occupier of the tenant, whether the recognised occupier was the tenant or a recognised occupier in relation to the other tenancy; (c) other matters the Chief Executive Officer (Housing) considers relevant. (4) The operation of the acceptable behaviour agreement extends to the behaviour of: (a) a recognised occupier of the relevant public housing premises; and (b) any other person occupying those premises with the consent of the tenant of those premises. (5) Subject to section 99A(3) of the Residential Tenancies Act 1999, if a recognised occupier of public housing premises, or other person occupying those premises with the consent of the tenant of those premises, engages in behaviour in breach of an acceptable behaviour agreement entered into by the tenant, the tenant is taken to have breached the agreement. (6) The acceptable behaviour agreement is of no effect if the notice requiring the tenant to enter into the agreement does not contain the matters required by subsection (2). Division 3 Powers when prescribed offences or antisocial behaviour happen 28D Power to require name and address and, if relevant, age (1) This section applies if a public housing safety officer reasonably believes a person: (a) has engaged, is engaging or is about to engage in conduct on public housing premises that constitutes a prescribed offence or antisocial behaviour; or (b) may be in a position to help with the investigation of a prescribed offence or antisocial behaviour on, or partially on, public housing premises. (2) The public housing safety officer may require the person to state the person's name and address and, if the officer reasonably believes the person may be under 18 years of age, the person's age. Part 5 Behaviour on public housing premises Division 3 Powers when prescribed offences or antisocial behaviour happen Housing Act 1982 16 (3) The public housing safety officer may require the person to give evidence of the correctness of the person's name if the officer reasonably believes a name given by the person is false. (4) In making a requirement under subsection (2) or (3), the public housing safety officer must inform the person it is an offence to contravene the requirement unless the person establishes a reasonable excuse. (5) A person given a requirement under subsection (2) or (3) must comply with it. Maximum penalty: 20 penalty units. (6) An offence against subsection (5) is an offence of strict liability. (7) It is a defence to a prosecution for an offence against subsection (5) if the defendant establishes a reasonable excuse. 28E Power to give direction to person on public housing premises (1) This section applies if a public housing safety officer reasonably believes a person on public housing premises has been, is or will be engaging in conduct, or permitting conduct to be engaged in, on public housing premises that constitutes a prescribed offence or antisocial behaviour. (2) The public housing safety officer may direct the person not to engage, or to stop engaging, in specified conduct on the public housing premises to the extent the officer reasonably believes necessary to prevent the prescribed offence or antisocial behaviour. (3) Also, if the person is not a tenant of the public housing premises or a recognised occupier of those premises, the public housing safety officer may direct the person to leave the public housing premises immediately and not enter all or part of those premises for a specified period of not more than 12 months. (4) A person given a direction under subsection (2) or (3) must comply with it. Maximum penalty: 20 penalty units. (5) An offence against subsection (4) is an offence of strict liability. (6) It is a defence to a prosecution for an offence against subsection (4) if the defendant establishes a reasonable excuse. Part 5 Behaviour on public housing premises Division 3 Powers when prescribed offences or antisocial behaviour happen Housing Act 1982 17 28F Direction to leave must be in writing or by later written notice (1) A public housing safety officer must give a direction under section 28E(2) or (3) by written notice unless the officer reasonably believes it is not practicable to do so and gives it orally to the person or persons to whom the direction relates. (2) If a person is given a direction orally, it ceases to have effect at the end of 2 days after the day it is given unless, within that period, a public housing safety officer gives written notice about the direction to the person. (3) A written notice about a direction as mentioned in subsection (2) is taken to be a written notice given under section 28E(2) or (3), as the case may be. (4) A written notice must state the following: (a) the name of the person to whom the direction relates; (b) the name of the public housing safety officer giving the direction; (c) if the notice is given under: (i) section 28E(2) – the conduct the person is not to engage in, or the person is to stop engaging in, on the public housing premises; or (ii) section 28E(3) – the period of not more than 12 months for which the person named in the direction must not enter specified public housing premises; (d) the reasons for giving the direction; (e) that a person affected by the decision may apply for it to be reconsidered, and how the application must be made, as mentioned in section 28J; (f) any other matter prescribed by regulation. (5) A direction given orally is not invalid only because it does not include a matter mentioned in subsection (4). 28G Power to seize a dangerous article or a container of liquor (1) This section applies when a public housing safety officer is on public housing premises. Part 5 Behaviour on public housing premises Division 3 Powers when prescribed offences or antisocial behaviour happen Housing Act 1982 18 (2) The public housing safety officer may seize an article or container (a seized item) if: (a) the officer reasonably believes the article is a dangerous article or the container contains liquor; and (b) the article or liquor is located on common property or a common area within the public housing premises; and (c) the article or liquor is not under the immediate control of an adult. (3) In addition, the public housing safety officer may seize any container (also a seized item) if: (a) the officer reasonably believes the container contains liquor; and (b) the container is located anywhere within the public housing premises; and (c) if the container does contain liquor, its location within those premises is in contravention of section 173, 183 or 189 of the Liquor Act 2019. (4) The public housing safety officer who seized it must: (a) for a seized item that is a dangerous article: (i) retain the dangerous article; or (ii) give the article to a police officer; or (b) for seized item that is a container of liquor: (i) if it is open – empty the container immediately; or (ii) otherwise – retain the container or give it to a police officer. (5) The public housing safety officer must affix a receipt about the seizure of a seized item to something at the place of seizure. (6) Within 3 months after the date of seizure of a seized item, a public housing safety officer must return it to a person who claims to be the owner and whom the officer reasonably believes is the owner. (7) If a seized item is not returned under subsection (6), it is forfeited to the Territory on the day after the end of the 3 month period. Part 6 Review of decisions Housing Act 1982 19 (8) Subsections (6) and (7) do not apply if, during the 3 month period, a public housing safety officer or a police officer decides, in writing, that the seized item must be retained as evidence of an offence. Part 6 Review of decisions 28H Review of particular decision of public housing safety officer Each of the following decisions of a public housing safety officer is an original decision: (a) a decision under section 28E(2) directing a person not to engage, or to stop engaging in, specified conduct on public housing premises; (b) a decision under section 28E(3) directing a person to leave public housing premises immediately and not to enter all or part of those premises for a specified period; (c) a decision under section 28G(2) or (3) to seize an article or container; (d) a decision prescribed by regulation as an original decision. 28J Application for reconsideration of original decision (1) A person affected by an original decision (an affected person) may apply to the CEO for reconsideration of the original decision. Note for subsection (1) A person affected by an original decision may be the person given the direction or a tenant who had invited the person into the tenant's residence or who has a family relationship with the person given the direction. (2) The application must be: (a) in writing; and (b) made within 28 days after the original decision was given to the person to whom it relates. (3) The making of the application does not affect the operation of the original decision. 28K Reconsideration by CEO (1) Within 28 days after an application for reconsideration of an original decision is made, the CEO must reconsider the original decision and give the applicant written notice about the CEO's decision (the reconsidered decision). Part 6 Review of decisions Housing Act 1982 20 (2) The CEO may reconsider the original decision in any way he or she considers appropriate. (3) The notice about the reconsidered decision must include the following: (a) the reconsidered decision and the reasons for it; (b) that the applicant for the reconsideration may apply to the Local Court for a review of the merits of the reconsidered decision; (c) the period allowed for applying for a review of the reconsidered decision; (d) how to apply for a review. 28L Application for review of reconsidered decision (1) The applicant for a reconsideration of an original decision may apply to the Local Court for a review of the merits of the reconsidered decision. (2) The application must be made within 28 days after the day: (a) the applicant received notice about the reconsidered decision; or (b) if the affected person did not receive a notice for the reconsidered decision – the applicant becomes aware of the decision. (3) However, on application by the applicant, the Local Court may at any time extend the period for applying for a review of the merits of the reconsidered decision. 28M Operation and implementation of reconsidered decision (1) An application under section 28L does not affect the operation or implementation of the reconsidered decision. (2) However, the Local Court may make an order staying or otherwise affecting the operation or implementation of so much of the reconsidered decision as the Court considers appropriate to effectively decide the application. (3) The order is subject to the conditions stated in it. (4) The order has effect for the period stated in it or, if no period is stated, until the Court decides the application. Part 7 Public housing safety officers Division 1 Appointed PHSO Housing Act 1982 21 28N Hearing procedure (1) In hearing an application under section 28L, the Local Court must review the merits of the reconsidered decision. (2) The Local Court must consider the matter afresh and is not bound by anything considered by the CEO in making the reconsidered decision. (3) Without limiting subsection (2), the Local Court may: (a) admit evidence that was not considered by the CEO in making the reconsidered decision; or (b) refuse to admit evidence that was considered by the CEO in making the reconsidered decision. 28P Decision on review of reconsidered decision (1) In deciding the application, the Local Court may: (a) confirm the reconsidered decision; or (b) vary the reconsidered decision; or (c) set aside the reconsidered decision and substitute its own decision. (2) The Local Court may make the orders it considers appropriate to give effect to its decision. (3) A decision under subsection (1)(b) or (c) is taken for this Act (other than this Part) to be a decision of the CEO. Part 7 Public housing safety officers Division 1 Appointed PHSO 28Q Appointment of public sector employees as public housing safety officers (1) The CEO may appoint a public sector employee as a public housing safety officer if the employee has been suitably trained to exercise the powers or perform the functions under this Act of a public housing safety officer. (2) However, a public sector employee is not eligible for appointment if the employee has a previous conviction for a disqualifying offence. Part 7 Public housing safety officers Division 1 Appointed PHSO Housing Act 1982 22 (3) Despite the Criminal Records (Spent Convictions) Act 1992 and the Anti-Discrimination Act 1992: (a) before a public sector employee may be appointed under subsection (1), the employee must authorise the CEO to obtain from the Commissioner of Police a criminal record about the employee, including spent convictions; and (b) the CEO may take the criminal record (including any spent convictions) into account in deciding whether to appoint the employee; and (c) if the employee is appointed, the CEO may retain the criminal record for as long as the employee is an appointed PHSO. (4) In this section: criminal record, see section 3(1) of the Criminal Records (Spent Convictions) Act 1992. spent conviction, see section 3(1) of the Criminal Records (Spent Convictions) Act 1992. 28R Identity card (1) The CEO must give an appointed PHSO an identity card stating the person's name and that the person is a public housing safety officer. (2) The identity card must: (a) show a recent photograph of the appointed PHSO; and (b) show the card's date of issue; and (c) be signed by the appointed PHSO. (3) This section does not prevent the issue of a single identity card to a person for this and another Act. 28S Return of identity card (1) A person who ceases to be an appointed PHSO must return the person's identity card to the CEO within 14 days after the cessation. Maximum penalty: 20 penalty units. (2) An offence against subsection (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against subsection (1) if the person establishes a reasonable excuse. Part 7 Public housing safety officers Division 1 Appointed PHSO Housing Act 1982 23 28T Obligations with regard to identity card (1) An appointed PHSO must not exercise a power under this Act unless the officer holds an identity card issued under this Act. (2) Before exercising a power under this Act in relation to a person, an appointed PHSO must, wherever practicable, produce the identity card for inspection by the person (but the card need only be produced once even though 2 or more powers are exercised against the person). (3) Non-compliance by an appointed PHSO with subsection (2) is a defence to a charge based on non-compliance by the person to whom the identity card should have been produced with a requirement or request made by the appointed PHSO under this Act. (4) Subsection (3) applies even if the charge relates to an offence that is an offence of strict liability. 28U Disqualifying offences by appointed PHSO (1) If an appointed PHSO is charged with, or convicted of, a disqualifying offence, the officer must report the fact to the CEO as soon as practicable (but no later than 7 days after the officer is charged or convicted). Maximum penalty: 100 penalty units. (2) An offence against subsection (1) is an offence of strict liability. (3) If an appointed PHSO is charged with a disqualifying offence, the CEO may suspend the officer's appointment as a public housing safety officer until the charge has been dealt with by a court. (4) If an appointed PHSO is convicted of a disqualifying offence, the CEO must revoke the officer's appointment as a public housing safety officer. 28V Code of conduct for appointed PHSO (1) The CEO may make a code of conduct: (a) to establish standards of behaviour applicable to each appointed PHSO; or Part 7 Public housing safety officers Division 2 Provisions for all public housing safety officers Housing Act 1982 24 (b) for other purposes related to the administration of this Act. Note for subsection (1) Police officers are subject to general orders made under section 14A of the Police Administration Act 1978. (2) The CEO must ensure the code of conduct, as in force from time to time, is available on the Agency's website. (3) If an appointed PHSO contravenes the code of conduct, the matter may be dealt with as a breach of discipline under the Public Sector Employment and Management Act 1993. Division 2 Provisions for all public housing safety officers 28W Interaction with specific Acts (1) A public housing safety officer who is exercising, or about to exercise, a power under this Act to which the Youth Justice Act 2005 would apply if it were to be exercised by a police officer must comply with the obligations imposed by that Act on a police officer. (2) Despite the application of the Residential Tenancies Act 1999 to premises let under this Act, a public housing safety officer may: (a) lawfully enter a yard, garden or other area associated with public housing premises (but not the residence) if the officer enters the place to exercise a power under this Act at a reasonable time in the circumstances; and (b) lawfully enter a residence at the invitation or with the consent of the tenant of the public housing premises. Note for subsection (2) Section 34 applies the Residential Tenancies Act 1999. Under that Act, a landlord may only enter premises or ancillary premises in accordance with that Act. However, subsection (2) allows for entry in addition to Part 9 of the Residential Tenancies Act 1999. (3) A public housing safety officer who enters a yard, garden or other area associated with public housing premises as mentioned in subsection (2)(a) may remain on the place for as long as the officer reasonably believes is necessary to exercise powers under this Act even if a tenant, recognised occupier or other person asks the officer to leave. Part 7 Public housing safety officers Division 3 Exercise of powers in relation to other premises Housing Act 1982 25 (4) However, if a public housing safety officer has entered a residence as mentioned in subsection (2)(b), the officer must leave the residence if asked to do so by the tenant of the public housing premises. 28X Internal review (1) The CEO must establish a system of administrative review for dealing effectively with complaints about the conduct of public housing safety officers. (2) The procedures for making a complaint, and the procedures on review, must be published on the Agency's website. (3) This section does not limit a person's right to make a complaint to the Ombudsman under the Ombudsman Act 2009. Division 3 Exercise of powers in relation to other premises 28Y Agreement with community housing provider (1) The CEO may enter into an agreement with a community housing provider stating that public housing safety officers may exercise powers under this Act in relation to premises that are let by the provider to an eligible person. (2) Each premises in relation to which the agreement applies must be specified in the agreement. 28YA Community housing provider to advise tenants (1) As soon as reasonably practicable after entering into the agreement, the community housing provider must give the tenant of each premises specified in the agreement written notice of the making of the agreement. (2) The notice must include the following information: (a) a statement that public housing safety officers can exercise powers under this Act in relation to the premises; (b) a summary of the powers of public housing safety officers; (c) a statement that public housing safety officers must comply with the code of conduct made under section 28V; (d) details about where a copy of the code can be viewed or obtained. Part 7 Public housing safety officers Division 3 Exercise of powers in relation to other premises Housing Act 1982 26 28YB Effect of agreement (1) If an agreement is entered into under section 28Y, this section applies in relation to the premises specified in the agreement (the CHP premises). (2) A public housing safety officer may exercise any of the powers conferred by the applied provisions in relation to the CHP premises as if: (a) a reference in the applied provisions to public housing premises includes a reference to: (i) the CHP premises; and (ii) if the CHP premises are a unit, apartment, flat or townhouse in a social housing development – any common property or common areas in the development; and (b) a reference in the applied provisions to the tenant of the public housing premises includes a reference to the person specified in the lease for the CHP premises as the tenant of the CHP premises; and (c) a reference in the applied provisions to a recognised occupier of premises includes a reference to someone whom the tenant of the CHP premises has notified the landlord, in writing, is or will be occupying the CHP premises if the landlord has made a notation in relation to the lease about the occupancy. (3) In exercising a power in relation to the CHP premises under subsection (2), the public housing safety officer is subject to the same limitations and requirements that would be applicable in relation to the exercise of the power by the officer in relation to public housing premises. (4) Part 6 applies in relation to any decision made by the public housing safety officer in relation to the CHP premises as if a reference in Part 6 to public housing premises includes a reference to: (a) the CHP premises; and (b) if the CHP premises are a unit, apartment, flat or townhouse in a social housing development – any common property or common areas in the development. Part 8 Miscellaneous matters Division 1 Annual report, liability and other matters Housing Act 1982 27 (5) In this section: applied provisions means the following: (a) Part 5, Division 3; (b) Part 7, Division 2. social housing development means a building development consisting of: (a) units for which a community housing provider is the registered proprietor, or lessee, of all units in the development; or (b) apartments, flats or townhouses (but not units) for which a community housing provider is the registered proprietor or lessee of the lot on which the building development is situated. Part 8 Miscellaneous matters Division 1 Annual report, liability and other matters 29 Annual reporting (1) An annual report in respect of the operations of the Chief Executive Officer (Housing) during a financial year is to be included in or presented as a part of the annual report prepared under section 28 of the Public Sector Employment and Management Act 1993 in respect of the Agency responsible under the Minister for the administration of this Act. (2) Financial statements in respect of the Chief Executive Officer (Housing) are to be prepared and presented in accordance with sections 10, 11 and 12 of the Financial Management Act 1995. 30 Protection of persons acting for Chief Executive Officer (Housing) A person acting with the authority of the Chief Executive Officer (Housing) is not personally liable in respect of any matter or thing done or contract entered into: (a) by the Chief Executive Officer (Housing); or (b) by that person; Part 8 Miscellaneous matters Division 1 Annual report, liability and other matters Housing Act 1982 28 where the matter or thing was done, or the contract was entered into, in good faith for the purpose of executing this Act or any other Act conferring or imposing functions on the Chief Executive Officer (Housing). 30A Protection of public housing safety officers (1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as a public housing safety officer. (2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission. (3) In this section: exercise, of a power, includes the purported exercise of the power. performance, of a function, includes the purported performance of the function. 31 Acquisition on just terms If the exercise of a power or performance of a function as a public housing safety officer would, apart from this section, result in an acquisition of property from a person otherwise than on just terms: (a) the person is entitled to receive from the Territory the compensation necessary to ensure the acquisition is on just terms; and (b) a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms. 31A Delegation by CEO The CEO may delegate any of his or her powers and functions under this Act to a public sector employee. 32 Liability for rates and water and sewerage charges, &c. (1) Despite the Local Government Act 2019: (a) where the Chief Executive Officer (Housing) has acquired land within a local government area and there is a dwelling on the land or the Chief Executive Officer (Housing) proposes to erect a dwelling on that land, that land is rateable as mentioned in section 218 of the Local Government Act 2019; and Part 8 Miscellaneous matters Division 2 Further offences and related matters Housing Act 1982 29 (b) the Chief Executive Officer (Housing) is liable for payment of a charge made by the Council of a local government area for a service provided for the removal of night-soil or garbage in respect of the land on which a dwelling is situated. (2) A statement in writing by the Chief Executive Officer (Housing) that it proposes to erect a dwelling, or that it does not propose to erect a dwelling, on land specified in the statement is, for the purposes of this section, conclusive evidence as to that fact. 34 Application of Residential Tenancies Act 1999 (1) Subject to sections 6 and 7 of the Residential Tenancies Act 1999, that Act applies in relation to a residential lease under this Act. (2) Sections 18, 19 and 20 of this Act do not apply in relation to a residential lease under this Act. (3) In this section: residential lease under this Act means: (a) a social housing lease; or (b) any other lease granted under this Act by the Chief Executive Officer (Housing) or the Territory for the purpose of residency. 35 Minister may determine amount at which a dwelling shall be sold The Minister may, in writing, determine: (a) the amount; or (b) the method of determining the amount; at which a dwelling, including the land on which the dwelling is situated, must be sold under this Act and, accordingly, the Chief Executive Officer (Housing) must not sell that dwelling except at that amount so determined. Division 2 Further offences and related matters 36 Giving misleading document to Chief Executive Officer (Housing) (1) A person commits an offence if the person: (a) gives the Chief Executive Officer (Housing) a document; and Part 8 Miscellaneous matters Division 2 Further offences and related matters Housing Act 1982 30 (b) the document contains misleading information. Maximum penalty: 100 penalty units. (2) Strict liability applies to subsection (1)(b). (3) Subsection (1) does not apply if the person, when giving the document: (a) draws the misleading aspect of the document to the attention of the Chief Executive Officer (Housing); and (b) to the extent to which the person can reasonably do so – gives the Chief Executive Officer (Housing) the information necessary to correct the document. (4) A prosecution for an offence against subsection (1) must not, in relation to a loss or damage incurred by or to the Chief Executive Officer (Housing) as a consequence of the offence, interfere with or lessen a right or remedy by civil process by the Chief Executive Officer (Housing) against a person charged with that offence. (5) In this section: Chief Executive Officer (Housing) includes a person acting with the authority of the Chief Executive Officer (Housing), but does not include a public housing safety officer. misleading information means information that is misleading in a material particular or because of the omission of a material particular. 36A Failing to notify about change in income (1) This section applies to a person if: (a) the person gives the Chief Executive Officer (Housing) details (the income details) of the person's income in an application for the grant of a rebate of rental under this Act or under a housing scheme administered by the Chief Executive Officer (Housing) under this Act; and (b) the application is granted. (2) The person commits an offence if: (a) the income details change during the period the person receives a rebate or participates in the housing scheme; and (b) the person knows about the change; and Part 8 Miscellaneous matters Division 2 Further offences and related matters Housing Act 1982 31 (c) the person does not tell the Chief Executive Officer (Housing), or a person acting with the authority of the Chief Executive Officer (Housing), about the change. Maximum penalty: 100 penalty units. 36B Giving misleading information or document to public housing safety officer (1) A person commits an offence if: (a) the person gives information to another person; and (b) the other person is a public housing safety officer; and (c) the person knows the information is misleading; and (d) the person knows the other person is exercising powers or performing functions under, or otherwise related to the administration of, this Act as a police officer or otherwise as a public housing safety officer. Maximum penalty: 20 penalty units. (2) A person commits an offence if: (a) the person gives a document to another person; and (b) the other person is a public housing safety officer; and (c) the person knows the document contains misleading information; and (d) the person knows the other person is exercising powers or performing functions under, or otherwise related to the administration of, this Act as a police officer or otherwise as a public housing safety officer. Maximum penalty: 20 penalty units. (3) Strict liability applies to subsections (1)(b) and (2)(b). (4) Subsection (2) does not apply if the person, when giving the document: (a) draws the misleading aspect of the document to the attention of a public housing safety officer; and (b) to the extent to which the person can reasonably do so – gives a public housing safety officer the information necessary to correct the document. Part 8 Miscellaneous matters Division 2 Further offences and related matters Housing Act 1982 32 (5) In this section: misleading information means information that is misleading in a material particular or because of the omission of a material particular. 36C Obstructing public housing safety officer (1) A person commits an offence if the person: (a) obstructs a person exercising powers or performing functions under, or otherwise related to the administration of, this Act as a police officer or otherwise as a public housing safety officer; and (b) knows the person is a police officer, or otherwise is a public housing safety officer, exercising powers or performing functions under, or otherwise related to the administration of, this Act. Maximum penalty: 50 penalty units or imprisonment for 3 months. (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes a reasonable excuse. (3) In this section: obstruct includes: (a) resist; and (b) hinder; and (c) incite or encourage another to obstruct. 36D Security cameras or surveillance devices (1) A person commits an offence if the person engages in conduct that results in damage to, or interference with, a security camera or a surveillance device on public housing premises. Maximum penalty: 100 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes a reasonable excuse for engaging in the conduct. Part 8 Miscellaneous matters Division 2 Further offences and related matters Housing Act 1982 33 36E Prosecutions (1) In proceedings for an offence against this Act, a certificate that appears to have been signed by the CEO certifying that a person named in the certificate was, on a particular day or for a particular period, a public housing safety officer is admissible as proof of the matter so certified. (2) A prosecution for an offence against section 36, 36A or 36B may be started within 2 years after the date on which the offence is alleged to have occurred. 37 Regulations (1) The Administrator may make regulations under this Act. (2) The Regulations may: (a) make provision for and in relation to schemes for the provision of assistance in the purchase of housing, and including, for such purposes, the purchase of land where the purchase of the land is for the purpose of the construction of housing on that land; and (b) make provision for and in relation to types of housing schemes and the class of persons eligible under such housing schemes; and (c) subject to section 35, make provision for and in relation to the sale at market value of dwellings by the Chief Executive Officer (Housing); and (d) make provision for and in relation to housing for certain classes of persons or their employees; and (e) make provision for and in relation to the letting of dwellings by the Chief Executive Officer (Housing) to certain classes of persons and their employees; and (ea) make provision in relation to acceptable behaviour agreements, including the matters that may be included in an acceptable behaviour agreement and the form and content of the notice requiring a tenant to enter into an acceptable behaviour agreement; and (f) make provision for and in relation to the Chief Executive Officer (Housing) acting as an agent for the Territory or the Commonwealth in the administration of a Territory or Commonwealth housing scheme; and; Part 9 Transitional matters for Housing Act 1982 Housing Act 1982 34 (g) make provision for and in relation to the terms and conditions upon which a rate of interest is payable on the balance of the purchase price for the time being outstanding under a contract of sale of, or a mortgage in respect of, a dwelling by a person purchasing, under a prescribed housing scheme referred to in section 22, the dwelling; and (h) prescribe penalties, not exceeding a fine of 8 penalty units or imprisonment for a period not exceeding 6 months, for an offence against the Regulations. (3) Regulations made in pursuance of subsection (2)(g) may be expressed to apply to a housing scheme administered, in pursuance of section 33F(2) of the former Act, by the former Commission as agent for the Territory and, for such purposes: (a) the housing scheme shall be deemed to be a prescribed housing scheme referred to in section 22; and (b) such regulations may be expressed to come into operation on a date before such regulations were made and shall, accordingly, be deemed to have come into operation on the date so specified. Part 9 Transitional matters for Housing Act 1982 41 Continuation of existing schemes (1) Notwithstanding the repeal, on the commencement of this Act, of Part III of the former Act, a scheme made under that Part and in force immediately before that repeal shall, on the commencement of this Act, continue in force but may be repealed or amended as though it were a scheme in force under this Act. (2) Notwithstanding the repeal, on the commencement of this Act, of sections 33G and 33H(1) of the former Act, a scheme referred to in either of those sections in force immediately before that repeal shall, on the commencement of this Act, continue in force but may be repealed or amended as though it were a scheme in force under this Act. (3) A reference to the Home Finance Trustee in a scheme referred to in subsection (2) shall be read as including a reference to the Chief Executive Officer (Housing). (4) Notwithstanding the repeal, on the commencement of this Act, of section 33H(3) of the former Act, the Regulations continued in force by that section, as in force immediately before the commencement of this Act, shall, on the commencement of this Act, continue in Part 9 Transitional matters for Housing Act 1982 Housing Act 1982 35 force as though made under this Act, but: (a) a reference in those Regulations to the Home Finance Trustee shall be read as including a reference to the Chief Executive Officer (Housing); and (b) those Regulations may be amended or repealed by regulations made under this Act. 42 Enforcement of contracts against Home Finance Trustee (1) A contract or agreement made by or with the Home Finance Trustee may be enforced: (a) by and against the Chief Executive Officer (Housing) as if the contract or agreement had been made with the Chief Executive Officer (Housing); or (b) against the Home Finance Trustee. (2) Where, in pursuance of subsection (1), a contract is enforceable against the Home Finance Trustee, the Chief Executive Officer (Housing): (a) may discharge all obligations of the Home Finance Trustee under the contract or agreement; and (b) may defend any action or resist any arbitration proceeding arising under the contract or agreement; and (c) guarantees the payment of any moneys ordered or awarded to be paid by the Home Finance Trustee in the action or arbitration proceeding. 43 Repayment of advance The Chief Executive Officer (Housing) shall repay, to a person who has advanced money to the Home Finance Trustee under the Housing Loans Act, the balance of moneys outstanding on the commencement of this Act, together with all interest accrued or accruing, in accordance with the terms and conditions on which the money was advanced to the Home Finance Trustee. Part 10 Transitional matters for Housing Amendment Act 2005 Housing Act 1982 36 Part 10 Transitional matters for Housing Amendment Act 2005 44 Definitions In this Part: commencement day means the day on which Part 2 of the Housing Amendment Act 2005 comes into operation. repealed Home Purchase Regulations means the Home Purchase Assistance Scheme Regulations 1984 as in force immediately before the commencement day. repealed Housing Assistance Regulations means the Housing Assistance Schemes Regulations 2004 as in force immediately before the commencement day. repealed Housing Sales Regulations means the Housing (Government Employees) Sales Scheme Regulations 1991 as in force immediately before the commencement day. 45 Scheme under repealed Home Purchase Regulations (1) The scheme set out in the Schedule to the repealed Home Purchase Regulations is taken to be a scheme that the Chief Executive Officer (Housing) may administer under section 24 of this Act as amended by the Housing Amendment Act 2005. (2) Regulation 3(2) of those Regulations is taken to be a provision of the scheme referred to in subsection (1). 46 Schemes under repealed Housing Assistance Regulations (1) The schemes set out in Schedules 1 to 4 (inclusive) and 6 to 10 (inclusive) to the repealed Housing Assistance Regulations are taken to be schemes that the Chief Executive Officer (Housing) may administer under section 24 of this Act as amended by the Housing Amendment Act 2005. (2) Regulations 2, 3A, 4 and 5 of those Regulations are taken to be provisions of a scheme referred to in subsection (1), but only to the extent those regulations applied in relation to the scheme immediately before the commencement day. Part 11 Transitional matters for Housing Amendment Act (No. 2) 2005 Housing Act 1982 37 47 Scheme under repealed Housing Sales Regulations (1) The scheme set out in the Schedule to the repealed Housing Sales Regulations is taken to be a scheme that the Chief Executive Officer (Housing) may administer under section 24 of this Act as amended by the Housing Amendment Act 2005. (2) Regulations 4 and 5 of those Regulations are taken to be provisions of the scheme referred to in subsection (1). Part 11 Transitional matters for Housing Amendment Act (No. 2) 2005 48 Definitions In this Part: commencement day means the day on which the Housing Amendment Act (No. 2) 2005 commences. repealed Housing (Concessional Loans) Regulations means the Housing (Concessional Loans) Regulations 2004 as in force immediately before the commencement day. repealed Housing Loans Regulations means the Housing Loans Regulations 2004 as in force immediately before the commencement day. 49 Scheme under repealed Housing (Concessional Loans) Regulations The scheme set out in the Schedule to the repealed Housing (Concessional Loans) Regulations is taken to be a scheme that the Chief Executive Officer (Housing) may administer under section 24 of this Act. 50 Scheme under repealed Housing Loans Regulations The scheme set out in the Schedule to the repealed Housing Loans Regulations is taken to be a scheme that the Chief Executive Officer (Housing) may administer under section 24 of this Act. Part 12 Transitional provisions for Housing and Other Legislation Amendment Act 2011 Housing Act 1982 38 Part 12 Transitional provisions for Housing and Other Legislation Amendment Act 2011 51 Existing acceptable behaviour agreement (1) An existing agreement continues in force according to its terms as if it had been made under section 28C. (2) If, before the commencement, the Chief Executive Officer (Housing) had given a person written notice as mentioned in section 18A as in force before the commencement and that notice had effect as stated in section 18A(6), the notice continues to have effect as if it had been given to the person under section 28C. (3) In this section: commencement means the commencement of this section. existing agreement means an acceptable behaviour agreement entered into under section 18A as in force before the commencement if the agreement had not ended before the commencement. Schedule Acts repealed Housing Act 1982 39 Schedule Acts repealed section 3 Number and year Short title No. 8, 1959 Housing Ordinance 1959 No. 18, 1960 Housing Ordinance 1960 No. 43, 1962 Housing Ordinance (No. 2) 1962 No. 74, 1963 Housing Ordinance 1962 No. 14, 1965 Housing Ordinance 1965 No. 43, 1966 Housing Ordinance 1966 No. 6, 1968 Housing Ordinance 1968 No. 9, 1969 Housing Ordinance 1969 No. 53, 1969 Housing Ordinance (No. 2) 1969 No. 17, 1970 Housing Ordinance 1970 No. 84, 1970 Housing Ordinance (No. 2) 1970 No. 6, 1971 Housing Ordinance 1971 No. 44, 1971 Housing Ordinance (No. 2) 1971 No. 60, 1972 Housing Ordinance 1972 No. 63, 1972 Housing Ordinance (No. 2) 1972 No. 21, 1973 Housing Ordinance 1973 No. 40, 1974 Housing Ordinance (No. 2) 1974 No. 41, 1974 Housing Ordinance (No. 3) 1974 No. 42, 1974 Housing Ordinance (No. 5) 1974 No. 56, 1974 Housing Ordinance (No. 4) 1974 No. 74, 1974 Housing Ordinance (No. 6) 1974 No. 27, 1975 Housing Ordinance 1975 Schedule Acts repealed Housing Act 1982 40 No. 32, 1975 Housing Ordinance (No. 2) 1975 No. 57, 1976 Housing Ordinance 1976 No. 9, 1977 Housing Ordinance 1977 No. 35, 1978 Housing Ordinance 1978 No. 29, 1979 Housing Act 1979 No. 66, 1979 Housing Act (No. 2) 1979 ENDNOTES Housing Act 1982 41 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Housing Act 1982 (Act No. 76, 1982) Assent date 8 December 1982 Commenced 15 April 1983 (Gaz G15, 15 April 1983, p 3) Housing Amendment Act 1984 (Act No. 48, 1984) Assent date 25 September 1984 Commenced 15 January 1986 (Gaz G2, 15 January 1986, p 8) Public Service and Statutory Authorities Amendment Act 1985 (Act No. 28, 1985) Assent date 26 June 1985 Commenced 26 June 1985 Housing Amendment Act 1986 (Act No. 70, 1986) Assent date 19 December 1986 Commenced 1 July 1986 (s 2) Housing Amendment Act 1987 (Act No. 11, 1987) Assent date 25 June 1987 Commenced 1 July 1987 (Gaz S48, 29 June 1987) Housing Amendment Act 1988 (Act No. 57, 1988) Assent date 25 November 1988 Commenced 1 December 1988 (s 2) Housing Amendment Act 1989 (Act No. 63, 1989) Assent date 7 November 1989 Commenced 7 November 1989 Housing Amendment Act 1991 (Act No. 2, 1991) Assent date 22 February 1991 Commenced 22 February 1991 ENDNOTES Housing Act 1982 42 Housing Amendment Act 1992 (Act No. 43, 1992) Assent date 7 September 1992 Commenced 7 September 1992 Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993) Assent date 31 December 1993 Commenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994) Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995) Assent date 21 March 1995 Commenced 1 April 1995 (s 2, s 2 Financial Management Act 1992 (Act No. 4, 1995) and Gaz S13, 31 March 1995) Housing Amendment Act 1998 (Act No. 44, 1998) Assent date 27 May 1998 Commenced s 11: 1 July 1997; rem: 1 July 1998 (Gaz S28, 1 July 1998, p 1) Residential Tenancies (Consequential Amendments) Act 1999 (Act No. 46, 1999) Assent date 10 November 1999 Commenced 1 March 2000 (s 2, s 2 Residential Tenancies Act 1999 (Act No. 45, 1999) and Gaz G8, 1 March 2000, p 2) Housing Amendment Act 2000 (Act No. 70, 2000) Assent date 14 December 2000 Commenced 31 January 2001 (Gaz G4, 31 January 2001, p 4) Housing Amendment Act 2005 (Act No. 17, 2005) Assent date 5 May 2005 Commenced pt 3: 30 June 2004; rem: 5 May 2005 (s 2) Housing Amendment Act (No. 2) 2005 (Act No. 41, 2005) Assent date 13 December 2005 Commenced 13 December 2005 Antisocial Behaviour (Miscellaneous Amendments) Act 2006 (Act No. 2, 2006) Assent date 8 March 2006 Commenced 14 June 2006 (Gaz G24, 14 June 2006, p 3) Unit Title Schemes Act 2009 (Act No. 14, 2009) Assent date 26 May 2009 Commenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C): 1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2, Gaz S30, 26 June 2009, p 1, s 2 Land Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008) and Gaz S30, 26 June 2009, p 1) Housing and Other Legislation Amendment Act 2011 (Act No. 45, 2011) Assent date 21 December 2011 Commenced 22 February 2012 (other than amdts to ss 21, 24 and 25 of the Housing Act in the Sch) (Gaz G8, 22 February 2012, p 3) Local Government Amendment Act 2013 (Act No. 28, 2013) Assent date 8 November 2013 Commenced 8 November 2013 ENDNOTES Housing Act 1982 43 Statute Law Revision Act 2014 (Act No. 38, 2014) Assent date 13 November 2014 Commenced 13 November 2014 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Statute Law Revision Act 2017 (Act No. 4, 2017) Assent date 10 March 2017 Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3) Independent Commissioner Against Corruption (Consequential and Related Amendment) Act 2018 (Act No. 3, 2018) Assent date 21 February 2018 Commenced 30 November 2018 (s 2, s 2 Independent Commissioner Against Corruption Act 2017 (Act No. 23, 2017) and Gaz S94, 30 November 2018) Liquor Act 2019 (Act No. 29, 2019) Assent date 3 September 2019 Commenced 1 October 2019 (Gaz G39, 25 September 2019, p 2) Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2) Trespass Act 2023 (Act No. 7, 2023) Assent date 6 April 2023 Commenced 1 May 2023 (Gaz G9, 27 April 2023, p 1) Housing and Related Legislation Amendment Act 2024 (Act No. 3, 2024) Assent date 14 March 2024 Commenced 5 April 2024 (Gaz S26, 3 April 2024) Housing Amendment Act 2026 (Act No. 4, 2026) Assent date 9 February 2026 Commenced 10 February 2026 (s 2) 3 SAVINGS AND TRANSITIONAL PROVISIONS ss 6(2), 14 and 15 Housing Amendment Act 1998 (Act No. 44, 1998) s 4 Housing Amendment Act 2000 (Act No. 70, 2000) ENDNOTES Housing Act 1982 44 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 7, 25, 28, 28C, 28G, 28Q, 28V, 28W, 28X, 29, 32 and 34. 5 LIST OF AMENDMENTS lt amd No. 44, 1998, s 4; No. 45, 2011, s 4 pt 1 hdg sub No. 45, 2011, s 13 s 5 amd No. 11, 1987, s 4; No. 44, 1998, ss 5 and 13; No. 2, 2006, s 12; No. 14, 2009, s 131; No. 45, 2011, s 5; No. 29, 2019, s 371; No. 7, 2023, s 27; No. 3, 2024, s 8 s 5AA ins No. 3, 2024, s 9 s 5A ins No. 45, 2011, s 6 amd No. 4, 2017, s 34 pt 2 hdg amd No. 44, 1998, s 13; No. 45, 2011, s 13 pt 2 div 1 hdg amd No. 44, 1998, s 13; No. 45, 2011, s 13 s 6 amd No. 44, 1998, s 6; No. 45, 2011, s 13 s 7 sub No. 11, 1987, s 5; No. 44, 1998, s 7 s 8 amd No. 28, 1985, s 9 sub No. 11, 1987, s 5 rep No. 44, 1998, s 7 s 9 sub No. 11, 1987, s 5 rep No. 44, 1998, s 7 s 10 amd No. 28, 1985, s 9 sub No. 11, 1987, s 5 rep No. 44, 1998, s 7 s 11 sub No. 11, 1987, s 5 amd No. 44, 1998, s 13; No. 45, 2011, s 13 ss 12 – 13 rep No. 11, 1987, s 5 s 14 amd No. 11, 1987, s 6; No. 44, 1998, s 8; No. 45, 2011, s 13 pt 2 div 2 hdg amd No. 44, 1998, s 13 s 15 amd No. 44, 1998, s 9; No. 45, 2011, s 13 s 16 amd No. 63, 1989, s 2; No. 2, 1991, s 2; No. 44, 1998, s 10; No. 45, 2011, s 13 s 17 amd No. 44, 1998, s 13 s 18 amd No. 44, 1998, s 13; No. 45, 2011, s 13; No. 38, 2014, s 2 s 18A ins No. 2, 2006, s 13 rep No. 45, 2011, s 7 ss 19 – 20 amd No. 44, 1998, s 13; No. 45, 2011, s 13 s 20A ins No. 3, 2024, s10 pt 2 div 3 hdg (former pt III hdg) amd No. 44, 1998, s 13 sub No. 45, 2011, s 13 s 21 amd No. 44, 1998, s 13; No. 38, 2014, s 2 pt 3 hdg (former pt IV hdg) amd No. 45, 2011, s 13 s 22 amd No. 44, 1998, s 13; No. 45, 2011, s 13 ENDNOTES Housing Act 1982 45 s 23 amd No. 11, 1987, s 7 sub No. 70, 2000, s 3 amd No. 45, 2011, s 13; No. 3, 2024, s11, No. 10, 2026, s 4 pt 4 hdg (former pt V hdg) amd No. 45, 2011, s 13 s 24 amd No. 44, 1998, s 13 sub No. 17, 2005, s 4 amd No. 38, 2014, s 2 s 25 amd No. 44, 1998, s 13; No. 38, 2014, s 2 s 26 amd No. 57, 1988, s 3; No. 44, 1998, s 13; No. 45, 2011, s 13 ss 27 – 28 amd No. 44, 1998, s 13; No. 45, 2011, s 13 pt 5 hdg ins No. 45, 2011, s 8 pt 5 div 1 hdg ins No. 45, 2011, s 8 ss 28A – 28B ins No. 45, 2011, s 8 pt 5 div 2 hdg ins No. 45, 2011, s 8 s 28C ins No. 45, 2011, s 8 pt 5 div 3 hdg ins No. 45, 2011, s 8 ss 28D – 28F ins No. 45, 2011, s 8 s 28G ins No. 45, 2011, s 8 amd No. 29, 2019, s 372 pt 6 hdg rep No. 11, 1987, s 8 ins No. 45, 2011, s 8 ss 28H – 28P ins No. 45, 2011, s 8 pt 7 hdg ins No. 45, 2011, s 8 pt 7 div 1 hdg ins No. 45, 2011, s 8 ss 28Q – 28V ins No. 45, 2011, s 8 pt 7 div 2 hdg ins No. 45, 2011, s 8 s 28W ins No. 45, 2011, s 8 s 28X ins No. 45, 2011, s 8 amd No. 3, 2018, s 18 pt 7 div 3 hdg ins No. 3, 2023, s 12 ss 28Y – 28YB ins No. 3, 2023, s 12 pt 8 hdg (former pt VII hdg) sub No. 5, 1995, s 19; No. 45, 2011, s 13 pt 8 div 1 hdg ins No. 45, 2011, s 13 s 29 amd No. 48, 1984, s 4 rep No. 11, 1987, s 8 ins No. 5, 1995, s 19 sub No. 44, 1998, s 11 s 30 amd No. 11, 1987, s 9; No. 44, 1998, s 13; No. 45, 2011, s 13 s 30A ins No. 45, 2011, s 9 s 31 amd No. 11, 1987, s 10; No. 44, 1998, s 13 sub No. 45, 2011, s 9 s 31A ins No. 43, 1992, s 2 amd No. 44, 1998, s 13 sub No. 45, 2011, s 9 s 31B ins No. 43, 1992, s 2 rep No. 45, 2011, s 9 ENDNOTES Housing Act 1982 46 s 32 amd No. 84, 1993, s 6; No. 44, 1998, s 13; No. 45, 2011, s 13; No. 28, 2013, s 61; No. 39, 2019, s 370 s 33 rep No. 70, 1986, s 3 s 34 amd No. 44, 1998, s 13 sub No. 46, 1999, s 4; No. 3, 2023, s 13 s 35 amd No. 11, 1987, s 11; No. 44, 1998, s 13; No. 45, 2011, s 13 pt 8 div 2 hdg ins No. 45, 2011, s 10 s 36 sub No. 45, 2011, s 10 ss 36A – 36D ins No. 45, 2011, s 10 s 36E ins No. 45, 2011, s 10 amd No. 8, 2016, s 45 s 37 amd No. 48, 1984, s 4; No. 44, 1998, s 13; No. 2, 2006, s 14; No. 45, 2011, s 11 pt 9 hdg (former pt VIII hdg) sub No. 17, 2005, s 5 amd No. 45, 2011, s 13 s 40 rep No. 11, 1987, s 12 s 41 amd No. 44, 1998, s 13 s 42 amd No. 44, 1998, s 13; No. 45, 2011, s 13 s 43 amd No. 44, 1998, s 13 pt 10 hdg (former pt IX hdg ins No. 17, 2005, s 6 amd No. 45, 2011, s 13 s 44 rep No. 44, 1998, s 12 ins No. 17, 2005, s 6 s 45 rep No. 44, 1998, s 12 ins No. 17, 2005, s 6 ss 46 – 47 ins No. 17, 2005, s 6 pt 11 hdg (former pt X hdg ins No. 41, 2005, s 3 amd No. 45, 2011, s 13 ss 48 – 50 ins No. 41, 2005, s 3 pt 12 hdg ins No. 45, 2011, s 12 s 51 ins No. 45, 2011, s 12