4Definitions

4 Definitions (1) In this Act unless inconsistent with the context or subject-matter— S. 4(1) def. of *Advisory Board* inserted by No. 40/2022 s. 18(2). ***Advisory Board*** means the Homes Victoria Advisory Board established under section 11A; S. 4(1) def. of *Agreement* repealed by No. 10259 s. 8. S. 4(1) def. of *applicant* inserted by No. 75/2016 s. 4. ***applicant*** (other than in Schedule 3) means an individual who applies for, or has entered into, a tenancy in social housing; S. 4(1) def. of *authorised person* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(a)(b). ***authorised person*** means— (a) a person authorised by Homes Victoria under section 142G to access the Victorian Housing Register; and (b) a person belonging to a class of person authorised by Homes Victoria under section 142G to access the Victorian Housing Register; ***building*** includes a structure or a part of a structure; S. 4(1) def. of *Chair* inserted by No. 40/2022 s. 18(2). ***Chair*** means the Chair of the Advisory Board appointed under section 11D; S. 4(1) def. of *Chief Executive Officer, Homes Victoria* inserted by No. 40/2022 s. 18(2). ***Chief Executive Officer, Homes Victoria*** means the person referred to in section 9(1) as the Chief Executive Officer, Homes Victoria; ***Commonwealth*** means Commonwealth of Australia; ***construct***, in relation to a building, includes— (a) build, re-build, erect or re-erect the building; (b) make structural alterations to the building; (c) enlarge or extend the building; and (d) place or re-locate the building on land; S. 4(1) def. of *co-operative* inserted by No. 106/2004 s. 3, amended by No. 9/2013 s. 42(Sch. 2 item 11(1)). ***co-operative*** has the same meaning that it has in the Co‑operatives National Law (Victoria); S. 4(1) def. of *Department* inserted by No. 106/2004 s. 3, amended by Nos 106/2004 s. 13(1), 40/2022 s. 18(3). ***Department*** means the Department of Families, Fairness and Housing established under the **Public Administration Act 2004**; S. 4(1) def. of *designated service provider* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(c). ***designated service provider*** means an agency, a body or a person providing services under any of the following for the purposes of assisting disadvantaged individuals to access social housing— (a) a State contract or any other contract or agreement between the agency, body or person and Homes Victoria, the Department or any other Department of the State; (b) a contract or agreement between the agency, body or person and a Department of the Commonwealth; S. 4(1) def. of *development* amended by No. 53/1988 s. 45(Sch. 2 item 13). ***development*** in relation to land, means— (a) the construction or demolition of a building on the land; (b) the carrying out of works in, on, over or under the land; (c) the making of a change in the use of the land; (d) the division of the land into two or more parts each capable of being separately occupied, used or disposed of or the resubdivision of land into different parts each capable of being separately occupied, used or disposed of; (e) the redevelopment of the land; S. 4(1) def. of *Director* repealed by No. 40/2022 s. 18(4). S. 4(1) def. of *Director of Housing* amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 40/2022 s. 18(4). S. 4(1) def. of *eligible applicant* inserted by No. 75/2016 s. 4. ***eligible applicant*** means an applicant who meets the eligibility criteria for a tenancy in social housing; S. 4(1) def. of *eligibility criteria* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(d). ***eligibility criteria*** means the criteria determined by Homes Victoria under section 142E(1)(a); S. 4(1) def. of *general fund* inserted by No. 40/2022 s. 18(2). ***general fund*** means the fund established under section 25; S. 4(1) def. of *governing body* inserted by No. 106/2004 s. 3. ***governing body***, in relation to a registered agency, means— (a) the board of directors of the registered agency; or (b) the committee of management of the registered agency; or (c) any other body responsible for the management of the registered agency; S. 4(1) def. of *Government agency* inserted by No. 106/2004 s. 3, amended by No. 40/2022 s. 27(e). ***Government agency*** means— (a) the Crown; (b) a Government Department; (c) a public authority; (d) Homes Victoria; (e) a municipal council; S. 4(1) def. of *health information* inserted by No. 75/2016 s. 4. ***health information*** has the same meaning that it has in the **Health Records Act 2001**; S. 4(1) def. of *hirer* amended by No. 40/2022 s. 27(f). ***hirer*** means a person who enters into a hiring agreement with Homes Victoria; S. 4(1) def. of *hiring agreement* amended by No. 40/2022 s. 27(g). ***hiring agreement*** means an agreement entered into under section 18(1) for the hiring by any person of a movable unit from Homes Victoria; S. 4(1) def. of *Homes Victoria* inserted by No. 40/2022 s. 18(2). ***Homes Victoria*** means the body corporate established under section 9(2); S. 4(1) def. of *Homes Victoria development project* inserted by No. 40/2022 s. 18(2). ***Homes Victoria development project*** means a project— (a) to be carried out by or on behalf of Homes Victoria to develop, operate, manage or maintain property for the purposes of this Act; and (b) that has been approved in writing by the Minister; S. 4(1) def. of *Homes Victoria subsidiary* inserted by No. 40/2022 s. 18(2). ***Homes Victoria subsidiary***—see section 32A(a); ***house*** means any building (whether temporary or permanent) or any part of a building which is or at any time has been used or is intended to be used as a dwelling and includes— (a) a flat; (b) any out-buildings, fences and other appurtenances to a house or flat; (c) any house to be erected or in the course of erection; and (d) any land on which the house is situated or is to be erected or is in the course of erection; S. 4(1) def. of *household member* inserted by No. 75/2016 s. 4. ***household member***, of an applicant, means an individual who resides, or intends to reside, with the applicant in social housing; S. 4(1) def. of *incorporated association* inserted by No. 106/2004 s. 3, amended by No. 20/2012 s. 226(Sch. 5 item 16(1)). ***incorporated association*** means an association incorporated under the **Associations Incorporation Reform Act 2012**; S. 4(1) def. of *inspector* inserted by No. 106/2004 s. 3. ***inspector***, in Part VIII, means— (a) the Registrar of Housing Agencies; or (b) an inspector appointed under that Part; ***land*** includes buildings and other structures, land covered with water and any interest (including any leasehold interest), easement or right in or over land; S. 4(1) def. of *member* inserted by No. 40/2022 s. 18(2). ***member***, in relation to the Advisory Board, means a member of the Advisory Board appointed under section 11D; ***movable unit*** means a house capable of being transferred from place to place; S. 4(1) def. of *municipality* repealed by No. 12/1989 s. 4(1)(Sch. 2 item 61.1). S. 4(1) def. of *non-profit body* inserted by No. 106/2004 s. 3. ***non-profit body*** means— (a) a corporation limited by shares or by guarantee that by its constitution is prohibited from carrying on its business for profit; or (b) a body that— (i) is not carried on for the purposes of profit or gain to its individual members; and (ii) is, by its constitution or rules, prohibited from making any distribution, whether in money, property or otherwise, to its members— but does not include a Government agency; S. 4(1) def. of *owner* amended by No. 26/1987 s. 21. ***owner*** means the person for the time being entitled to receive the rent of the land in connexion with which the word is used (whether on that person's own account or as the agent of or as trustee for any other person) or who would be entitled to receive the rent if the land were let at a rent; S. 4(1) def. of *participating designated service provider* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(h). ***participating designated service provider*** means a designated service provider that is declared by Homes Victoria under section 142F(2)(a) to be a participating designated service provider; S. 4(1) def. of *participating registered agency* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(i). ***participating registered agency*** means a registered agency that is declared by Homes Victoria under section 142F(2)(b) to be a participating registered agency; S. 4(1) def. of *performance standards* inserted by No. 106/2004 s. 3. ***performance standards***, in Part VIII, means performance standards determined under that Part; S. 4(1) def. of *personal details* inserted by No. 75/2016 s. 4. ***personal details***, of an applicant or a household member of an applicant, has the meaning given by section 142C(2); S. 4(1) def. of *personal information* inserted by No. 75/2016 s. 4. ***personal information*** has the same meaning that it has in the **Privacy and Data Protection Act 2014**; S. 4(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 81.1). ***police officer*** has the same meaning that it has in the **Victoria Police Act 2013**; ***prescribed*** means prescribed by the regulations; S. 4(1) def. of *prescribed registration criteria* inserted by No. 106/2004 s. 3. ***prescribed registration criteria***, in Part VIII, means— (a) the criteria set out in Schedule 7; and (b) any other registration criteria prescribed by the regulations for the purposes of Part VIII; S. 4(1) def. of *priority category* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(j). ***priority category*** means a category determined by Homes Victoria under section 142E(1)(b); S. 4(1) def. of *project fund* inserted by No. 40/2022 s. 18(2). ***project fund*** means a fund established under section 26; S. 4(1) def. of *public housing* substituted by No. 40/2022 s. 18(1)(b). ***public housing*** means non-profit housing in the public sector, other than under the Victorian Affordable Housing Programs; S. 4(1) def. of *registered agency* inserted by No. 106/2004 s. 3. ***registered agency*** means a registered housing association or a registered housing provider; S. 4(1) def. of *registered housing association* inserted by No. 106/2004 s. 3. ***registered housing association*** means a rental housing agency registered as a registered housing association under Part VIII; S. 4(1) def. of *registered housing provider* inserted by No. 106/2004 s. 3. ***registered housing provider*** means a rental housing agency registered as a registered housing provider under Part VIII; S. 4 def. of *registrar* repealed by No. 84/1996 s. 467(Sch. 6 item 8.1), new def. of *Registrar* inserted by No. 106/2004 s. 3. ***Registrar*** means the body corporate established under Part VIII; S. 4(1) def. of *Registrar of Housing Agencies* inserted by No. 106/2004 s. 3. ***Registrar of Housing Agencies*** means the Registrar of Housing Agencies appointed under Part VIII; S. 4(1) def. of *relevant documents* inserted by No. 106/2004 s. 3. ***relevant documents*** in Part VIII, means records or other documents, however compiled, recorded or stored, that relate to the incorporation and management of a registered agency, including accounts, accounting records, and documents relating to transactions, dealings, business or property of the registered agency; S. 4(1) def. of *relevant information* inserted by No. 75/2016 s. 4. ***relevant information*** (other than in section 90) has the meaning given by section 142I; S. 4(1) def. of *relevant person* inserted by No. 75/2016 s. 4. ***relevant person*** has the meaning given by section 142I; S. 4(1) def. of *rental housing agency* inserted by No. 106/2004 s. 3. ***rental housing agency*** means— (a) a corporation limited by shares or by guarantee that is a non-profit body and that provides or is established to provide rental housing; or (b) an incorporated association or non‑trading co-operative that is a non‑profit body and that provides or is established to provide rental housing; ***sale*** includes any contract of sale subject to terms as to the repayment of purchase moneys over time; S. 4(1) def. of *Secretary* inserted by No. 106/2004 s. 3. ***Secretary*** means the Secretary to the Department; S. 4(1) def. of *sensitive information* inserted by No. 75/2016 s. 4. ***sensitive information*** has the same meaning that it has in the **Privacy and Data Protection Act 2014**; S. 4(1) def. of *social housing* inserted by No. 75/2016 s. 4, substituted by No. 40/2022 s. 18(1)(c). ***social housing*** means the following housing (other than under the Victorian Affordable Housing Programs)— (a) public housing; (b) housing owned, controlled or managed by a participating registered agency; S. 4(1) def. of *State contract* inserted by No. 75/2016 s. 4. ***State contract*** has the same meaning that it has in the **Privacy and Data Protection Act 2014**; ***street*** includes any street, road, lane, footway, square, court, alley, or right-of-way, whether a thoroughfare or not; ***Treasurer*** means Treasurer of Victoria; S. 4(1) def. of *unique identifier* inserted by No. 75/2016 s. 4. ***unique identifier*** has the same meaning that it has in the **Privacy and Data Protection Act 2014**; S. 4(1) def. of *VAHP declaration* inserted by No. 40/2022 s. 18(1)(a). ***VAHP declaration*** means a declaration under section 142JA; S. 4(1) def. of *VAHP determination* inserted by No. 40/2022 s. 18(1)(a). ***VAHP determination*** means a determination under section 142JB; ***vehicle*** means a conveyance designed to be propelled or drawn by any means; S. 4(1) def. of *Victorian Affordable Housing Programs* inserted by No. 40/2022 s. 18(1)(a). ***Victorian Affordable Housing Programs*** means the affordable housing programs under Part VIIIB; S. 4(1) def. of *Victorian Housing Register* inserted by No. 75/2016 s. 4. ***Victorian Housing Register*** means the register of applicants established and administered under section 142A; ***works*** means any operation carried out in, on, over or under land and, without limiting the generality of the foregoing, includes the construction of streets, the setting apart of any land for gardens, parks, open spaces or places of recreation and any alteration made to the natural condition or topography of land. (2) Where a word or phrase is given a particular meaning in this Act, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings. S. 4(3) inserted by No. 40/2022 s. 18(5). (3) In this Act— (a) a reference to a function includes a reference to a power, authority and duty; and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.