“the Minister” means the Minister of State of the Commonwealth for the time being responsible for the administration of this Agreement for the Commonwealth; and
“State Minister” means the Minister of State of a State for the time being responsible for the administration of this Agreement for the relevant State.
11(2) A reference in this Agreement to:
(a) a Minister includes the Minister or other member of the Federal Executive Council; or
(b) a State Minister includes a Minister of the relevant State or other member of the State Executive Council
acting on behalf of, or for the time being acting for, the Minister or State Minister referred to.
11(3) In this Agreement unless the contrary intention appears or the context otherwise requires:
“Allowable Uses” means use of funds and assets for the purposes set out in subclause 4(19);
“Appropriate Housing” means housing which meets the different needs of different households. This includes housing assistance which is appropriate to household size, household type and to special and cultural needs;
“ARHP” means the Aboriginal Rental Housing Program;
“Base Funding” means funding referred to in subclauses 4(2) or 4(6), being Financial Assistance other than for an Identified Program or Identified Grant;
“Bilateral Agreement” means an agreement made under subclause 6(1) of this Agreement;
“Capital Adequacy Requirements” means the excess of assets over liabilities retained by the lender such that it meets commercially determined levels of adequacy, particularly those defined by the Reserve Bank of Australia;
“Dwelling” means a dwelling-house or flat and includes such fences, outbuildings and other improvements and such connections for sewerage, drainage, water, electricity, gas and other services as are provided or are reasonably required to be provided for the dwelling-house or flat;
“Earned Income” means ordinary income that is earned, derived or received or that is taken to have been earned, derived or received by the person from remunerative work undertaken by the person;
“Existing Housing Agreements” means the agreements referred to in the first Schedule to the form of agreement scheduled to the Housing Assistance Act 1984, the 1984 Housing Agreement, the 1989 Housing Agreement and the 1996 Housing Agreement; [update]
“Financial Assistance” means funding provided by the Commonwealth to the States and Territories under the terms of this Agreement in the form of Base Funding and Grants for an Identified Program or Identified Grant;
“Grant” means a payment of Financial Assistance by the Commonwealth to a State, or State funding contributions for the purposes of providing housing assistance in accordance with the terms and conditions of this Agreement;
Part 11 - Housing Assistance (Form of Agreement) Determination 2003 - INTERPRETATION | Zoe
“Grant Year” means the financial year commencing on 1 July 2003, 1 July 2004, 1 July 2005, 1 July 2006 or 1 July 2007;
“Home Purchase Assistance” means home ownership programs provided by the States and Territories for lower income households under this Agreement or under Previous Housing Arrangements;
“Identified Program” or “Identified Grant” means a program or grant for specific identified assistance;
“National Housing Data” means nationally consistent data collected for housing assistance benchmarking purposes;
“National Housing Data Agreement” means the agreement on National Housing Data which took effect on 1 December 1999;
“Previous Housing Arrangements” means the provisions in relation to housing that were made:
(a) by the Existing Housing Agreements;
(b) by the States Grants (Housing) Act 1971, the Housing Assistance Act 1973, the Housing Assistance Act 1978, the States (Works and Housing) Assistance Act 1982, the States (Works and Housing) Assistance Act 1983, the Housing Assistance Act 1984, the States (Works and Housing) Assistance Act 1984, the States (Works and Housing) Assistance Act 1985, the States (Works and Housing) Assistance Act 1988, the Housing Assistance Act 1989 and the Housing Assistance Act 1996; and
(c) under any arrangements entered into pursuant to the Special Employment-related Programs Act 1982;
“Prudential Standards” means standards of policy and procedures adopted in State lending programs which meet the minimum standards adopted by the private home lending sector, consistent with the policy objectives of State lending programs;
“Rental Dwelling” means a Dwelling that is included in Rental Housing;
“Rental Housing” means housing for rental which has been provided under Previous Housing Arrangements or is provided under this Agreement;
“Social Housing” means public housing and community housing;
“State” includes Territory where the context permits;
“Subsidiary Agreements” means agreements between the Minister and State Ministers, for the purposes of giving effect to the principles, objectives and outcomes of this Agreement, including those relating to:
(a) the National Housing Data Agreement; and
(b) Bilateral Agreements;
“Tax Equivalent Regime” means an arrangement where States require payments from their business entities that are broadly consistent with obligations which would arise under Commonwealth or State tax law if the entities were taxable under that law. This does not include arrangements where Territories make payments of rates or other charges which are made as the equivalent of Local government charges;
“Year” means a period of twelve calendar months commencing on the first day of July;
“1984 Housing Agreement” means the Agreement between the Commonwealth, the States of Australia and the Northern Territory of Australia dated 12 March 1985, relating to the provision of financial assistance for housing;
“1989 Housing Agreement” means the Agreement between the Commonwealth, the States of Australia, the Northern Territory of Australia and the Australian Capital Territory, dated 15 February 1990, relating to the provision of financial assistance for housing;
“1996 Housing Agreement” means the housing agreements entered into between the Commonwealth and each State and Territory pursuant to the disallowable instrument dated 15 July 1996 made under the Housing Assistance Act 1996 and relating to the provision of financial assistance for housing;
“1999 Housing Agreement” means the housing agreements entered into between the Commonwealth and each State and Territory pursuant to the disallowable instrument dated 29 June 1999 made under the Housing Assistance Act 1996 and relating to the provision of financial assistance for housing.
11(4) In this Agreement unless the contrary intention appears:
(a) a reference to a clause is a reference to a clause of this Agreement, as the case may be;
(b) a reference to a subclause is, unless otherwise indicated, a reference to the relevant subclause of the clause in which the reference appears;
(c) words importing a gender include every other gender;
(d) words in the singular number include the plural and vice versa;
(e) a reference in this Agreement to a State shall, except where the contrary intention appears and according to the requirements of the context, be deemed to include a reference to the Northern Territory of Australia and to the Australian Capital Territory;
(f) in this Agreement, subject to this clause and except where the context otherwise indicates:
(i) “the Commonwealth” means the Commonwealth of Australia; and
(ii) “the States” means New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Northern Territory and the Australian Capital Territory.
(g) clause headings are inserted for convenient reference only and have no effect in limiting or extending the language of provisions to which they refer;
(h) where any word or phrase is given a defined meaning, any other part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning;
(i) all references to dollars are to Australian dollars.
SIGNED by the parties as at the date first mentioned at the head of this Agreement.
SIGNED for and on behalf of the )
COMMONWEALTH OF AUSTRALIA )
by the Minister for Family and Community )
Services in the presence of )______________________
_________________________________
Witness
SIGNED for and on behalf of the )
STATE/TERRITORY OF )
by the Minister of )
in the presence of )______________________