What this regulation does: The Housing Regulation 2026 sets detailed rules for funded housing providers about financial management, reporting, asset management, eligibility/allocations and rent policies, and creates a contracts register. It treats Build-to-Rent (BTR) and Housing Investment Fund (HIF) providers under a separate regime (Parts 2–3) and gives the chief executive powers to require information and recover unspent receipts (secs 8–9, 19, 35, 36).
Who it affects and why it matters: Funded providers (including BTR/HIF), registered providers, purchasers under section contracts, and tenants — because it prescribes compliance, disclosure, repayment and recordkeeping obligations (see secs 11–12, 14, 17, 25–33). This is legal information, not legal advice; get a qualified Australian lawyer to check it.
The Housing Regulation 2026 (the regulation) prescribes detailed operational, financial management, governance and reporting requirements for entities that receive State funding to provide housing services, and creates administrative mechanisms for the State to record and manage section contracts. It commences on 1 September 2026, see section 2. Mechanically, the regulation does the following, as set out in the text:
Prescribes ancillary services and what counts as an ancillary housing service, by expressly stating that “a housing-related education or employment service is prescribed as an ancillary housing service” (section 4).
Sets financial management and accountability rules for funded providers, including limits on the use of funding and receipts, requirements to return unspent amounts on notice, rules for accumulated unspent receipts for funded properties, and restrictions on using funded property as security (parts 2 and 3, especially sections 7 to 12, 25 to 28, 10, and 26).
Imposes record keeping and reporting obligations, including preparation and provision of annual financial statements for providers who receive funding for ancillary services (sections 11 and 27), maintaining asset management plans for funded properties (sections 12 and 28), and keeping rent, eligibility and allocations policies and implementing them consistently and fairly (sections 14, 16, 17, 30 to 33).
Gives the chief executive broad information-gathering and regulatory powers, including powers to require information about funded properties and housing services in approved forms, and to give notices requiring payment of unspent receipts (sections 8, 9, 18, 19, 34, 35).
Establishes a contracts register under the chief executive, prescribes what particulars must be recorded when a section contract is lodged, allows searching and certified copies for a fee, and provides correction and requisition powers (sections 36 to 47).
Current sections
Direct links to the current provisions in Housing Regulation 2026.
76
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Housing Regulation 2026 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 September 2026.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this regulation.
sec.4
Ancillary housing services— Act , s 8
sec.4 Ancillary housing services— Act , s 8
For section 8 (5) (b) (vii) of the Act , a housing-related education or employment service is prescribed as an ancillary housing service.
pt.2
Housing services requirements—funded providers other than BTR providers and HIF providers
Housing services requirements—funded providers other than BTR providers and HIF providers
pt.2-div.1
Introductory
Introductory
sec.5
Housing services requirements— Act , s 33
sec.5 Housing services requirements— Act , s 33
For section 33 of the Act , this part prescribes the requirements relating to the provision of housing services for which a funded provider, other than a BTR provider or HIF provider, receives funding.
sec.6
Inconsistency with funding agreements
sec.6 Inconsistency with funding agreements
If a provision of this part is inconsistent with a term of a funding agreement—
the provision prevails; and
the term is void to the extent of the inconsistency.
Subsection (1) does not limit another provision of this regulation.
(sec.6-ssec.1) If a provision of this part is inconsistent with a term of a funding agreement— the provision prevails; and the term is void to the extent of the inconsistency.
(sec.6-ssec.2) Subsection (1) does not limit another provision of this regulation.
(a) the provision prevails; and
(b) the term is void to the extent of the inconsistency.
pt.2-div.2
Financial management and accountability requirements
Financial management and accountability requirements
sec.7
Using funding and receipts
sec.7 Using funding and receipts
A funded provider must use the funding or receipts that the funded provider receives for a housing service in a way that complies with the funding agreement for the service.
sec.8
Returning unspent receipts
sec.8 Returning unspent receipts
This section applies if—
a funding agreement with a funded provider is in effect; and
the funded provider—
is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and
has not spent the amount before the end of the period.
The chief executive may, by notice, require the funded provider to pay the amount to the chief executive.
The funded provider must pay the amount to the chief executive within 8 weeks after the day the funded provider receives the notice.
(sec.8-ssec.1) This section applies if— a funding agreement with a funded provider is in effect; and the funded provider— is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and has not spent the amount before the end of the period.
(sec.8-ssec.2) The chief executive may, by notice, require the funded provider to pay the amount to the chief executive.
(sec.8-ssec.3) The funded provider must pay the amount to the chief executive within 8 weeks after the day the funded provider receives the notice.
(a) a funding agreement with a funded provider is in effect; and
(b) the funded provider— (i) is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and (ii) has not spent the amount before the end of the period.
(i) is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and
(ii) has not spent the amount before the end of the period.
(i) is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and
(ii) has not spent the amount before the end of the period.
sec.9
Returning accumulated unspent receipts
sec.9 Returning accumulated unspent receipts
This section applies if—
a funding agreement with a funded provider is in effect; and
the funding agreement relates to a funded property; and
the funded provider is not required, under the funding agreement, to pay the chief executive amounts, consisting of receipts for a housing service, that the funded provider has not spent, either—
while the funding agreement is in effect; or
when the funding agreement ends.
The chief executive may, by notice (a payment notice ) given within 12 months after the end of a financial year (the notice year ), require the funded provider to pay the chief executive an amount that is not more than the accumulated unspent receipts for the notice year.
If the funded property to which the funding agreement relates was not acquired, constructed or improved wholly using receipts for a housing service, the amount of the accumulated unspent receipts must be reduced by the offset percentage for the funded property.
The funded provider must pay the amount stated in the payment notice to the chief executive within 8 weeks after the day the funded provider receives the notice.
In this section—
accumulated unspent receipts , for a notice year, means an amount equal to the receipts amount less—
the spent amount; and
the repaid amount.
offset percentage , for a funded property, means the amount of money other than receipts that is used to acquire, construct or improve the funded property, expressed as a percentage of the total cost of acquiring, constructing or improving the funded property.
A funding provider acquires a funded property for $1,000,000, using $750,000 of receipts and $250,000 of the provider’s own money. The offset percentage is 25%.
receipts amount means the amount of receipts, other than funding, for the housing service received by the funded provider, as at the end of the notice year.
repaid amount means the amount of receipts, other than funding, the funded provider has paid to the chief executive as at the end of the notice year.
spent amount means the amount of receipts, other than funding—
the funded provider has spent, as allowed under the funding agreement, as at the end of the notice year; or
the funded provider has retained, with the written approval of the chief executive, as at the end of the notice year.
(sec.9-ssec.1) This section applies if— a funding agreement with a funded provider is in effect; and the funding agreement relates to a funded property; and the funded provider is not required, under the funding agreement, to pay the chief executive amounts, consisting of receipts for a housing service, that the funded provider has not spent, either— while the funding agreement is in effect; or when the funding agreement ends.
(sec.9-ssec.2) The chief executive may, by notice (a payment notice ) given within 12 months after the end of a financial year (the notice year ), require the funded provider to pay the chief executive an amount that is not more than the accumulated unspent receipts for the notice year.
(sec.9-ssec.3) If the funded property to which the funding agreement relates was not acquired, constructed or improved wholly using receipts for a housing service, the amount of the accumulated unspent receipts must be reduced by the offset percentage for the funded property.
(sec.9-ssec.4) The funded provider must pay the amount stated in the payment notice to the chief executive within 8 weeks after the day the funded provider receives the notice.
(sec.9-ssec.5) In this section— accumulated unspent receipts , for a notice year, means an amount equal to the receipts amount less— the spent amount; and the repaid amount. offset percentage , for a funded property, means the amount of money other than receipts that is used to acquire, construct or improve the funded property, expressed as a percentage of the total cost of acquiring, constructing or improving the funded property. A funding provider acquires a funded property for $1,000,000, using $750,000 of receipts and $250,000 of the provider’s own money. The offset percentage is 25%. receipts amount means the amount of receipts, other than funding, for the housing service received by the funded provider, as at the end of the notice year. repaid amount means the amount of receipts, other than funding, the funded provider has paid to the chief executive as at the end of the notice year. spent amount means the amount of receipts, other than funding— the funded provider has spent, as allowed under the funding agreement, as at the end of the notice year; or the funded provider has retained, with the written approval of the chief executive, as at the end of the notice year.
(a) a funding agreement with a funded provider is in effect; and
(b) the funding agreement relates to a funded property; and
(c) the funded provider is not required, under the funding agreement, to pay the chief executive amounts, consisting of receipts for a housing service, that the funded provider has not spent, either— (i) while the funding agreement is in effect; or (ii) when the funding agreement ends.
(i) while the funding agreement is in effect; or
(ii) when the funding agreement ends.
(i) while the funding agreement is in effect; or
(ii) when the funding agreement ends.
(a) the spent amount; and
(b) the repaid amount.
(a) the funded provider has spent, as allowed under the funding agreement, as at the end of the notice year; or
(b) the funded provider has retained, with the written approval of the chief executive, as at the end of the notice year.
sec.10
Using funded property as security
sec.10 Using funded property as security
A funded provider must not use funded property as security for a loan unless—
the funded provider is a registered provider; and
the chief executive gives the funded provider written approval to use the funded property as security for the loan.
(a) the funded provider is a registered provider; and
(b) the chief executive gives the funded provider written approval to use the funded property as security for the loan.
sec.11
Financial statements for ancillary housing service
sec.11 Financial statements for ancillary housing service
This section applies to a funded provider that receives funding for an ancillary housing service.
The funded provider must prepare annual financial statements for each financial year in which the funded provider receives the funding.
If the funded provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act .
If the chief executive requests a copy of the annual financial statements, the funded provider must comply with the request.
The funded provider must comply with this section even if the funded provider—
does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or
stops providing the ancillary housing service before complying with this section.
(sec.11-ssec.1) This section applies to a funded provider that receives funding for an ancillary housing service.
(sec.11-ssec.2) The funded provider must prepare annual financial statements for each financial year in which the funded provider receives the funding.
(sec.11-ssec.3) If the funded provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act .
(sec.11-ssec.4) If the chief executive requests a copy of the annual financial statements, the funded provider must comply with the request.
(sec.11-ssec.5) The funded provider must comply with this section even if the funded provider— does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or stops providing the ancillary housing service before complying with this section.
(a) does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or
(b) stops providing the ancillary housing service before complying with this section.
sec.12
Asset management plans
sec.12 Asset management plans
A funded provider must keep, and implement, a management plan (an asset management plan ) for each of the provider’s funded properties.
The purpose of an asset management plan is—
to maintain the long-term viability, and value, of the funded property; and
to ensure the funded property is appropriate for—
the type of housing service the funded provider provides; and
the needs of people using the housing service; and
the circumstances in which the funded provider provides the housing service.
An asset management plan must include financial strategies for the plan’s implementation.
If the chief executive requests a copy of an asset management plan, the funded provider must comply with the request.
(sec.12-ssec.1) A funded provider must keep, and implement, a management plan (an asset management plan ) for each of the provider’s funded properties.
(sec.12-ssec.2) The purpose of an asset management plan is— to maintain the long-term viability, and value, of the funded property; and to ensure the funded property is appropriate for— the type of housing service the funded provider provides; and the needs of people using the housing service; and the circumstances in which the funded provider provides the housing service.
(sec.12-ssec.3) An asset management plan must include financial strategies for the plan’s implementation.
(sec.12-ssec.4) If the chief executive requests a copy of an asset management plan, the funded provider must comply with the request.
(a) to maintain the long-term viability, and value, of the funded property; and
(b) to ensure the funded property is appropriate for— (i) the type of housing service the funded provider provides; and (ii) the needs of people using the housing service; and (iii) the circumstances in which the funded provider provides the housing service.
(i) the type of housing service the funded provider provides; and
(ii) the needs of people using the housing service; and
(iii) the circumstances in which the funded provider provides the housing service.
(i) the type of housing service the funded provider provides; and
(ii) the needs of people using the housing service; and
(iii) the circumstances in which the funded provider provides the housing service.
pt.2-div.3
Governance and service delivery
Governance and service delivery
sec.13
Compliance with Queensland privacy principles
sec.13 Compliance with Queensland privacy principles
A funded provider must comply with the Information Privacy Act 2009 , chapter 2 , parts 1 and 2 as if the funded provider were the department.
sec.14
Eligibility assessment and allocations policy—social housing service
sec.14 Eligibility assessment and allocations policy—social housing service
This section applies to a funded provider that receives funding to provide a social housing service.
The funded provider must implement—
if assessing a person’s eligibility to receive or continue to receive the service—the Social Housing Eligibility Criteria; and
if allocating the service—the Social Housing Allocations Policy.
In this section—
Social Housing Allocations Policy means the chapter of that name in the Social Housing Policy published on the department’s website.
Social Housing Eligibility Criteria means the chapter of that name in the Social Housing Policy published on the department’s website.
(sec.14-ssec.1) This section applies to a funded provider that receives funding to provide a social housing service.
(sec.14-ssec.2) The funded provider must implement— if assessing a person’s eligibility to receive or continue to receive the service—the Social Housing Eligibility Criteria; and if allocating the service—the Social Housing Allocations Policy.
(sec.14-ssec.3) In this section— Social Housing Allocations Policy means the chapter of that name in the Social Housing Policy published on the department’s website. Social Housing Eligibility Criteria means the chapter of that name in the Social Housing Policy published on the department’s website.
(a) if assessing a person’s eligibility to receive or continue to receive the service—the Social Housing Eligibility Criteria; and
(b) if allocating the service—the Social Housing Allocations Policy.
sec.15
Application for social housing service
sec.15 Application for social housing service
A funded provider may accept an application from a person for a social housing service only if the application is in the approved form.
If the funded provider is not an approved funded provider, the funded provider must, as soon as practicable, give the application to—
the chief executive; or
an approved funded provider.
In this section—
approved funded provider means a funded provider the chief executive approves to receive an application for a social housing service.
(sec.15-ssec.1) A funded provider may accept an application from a person for a social housing service only if the application is in the approved form.
(sec.15-ssec.2) If the funded provider is not an approved funded provider, the funded provider must, as soon as practicable, give the application to— the chief executive; or an approved funded provider.
(sec.15-ssec.3) In this section— approved funded provider means a funded provider the chief executive approves to receive an application for a social housing service.
(a) the chief executive; or
(b) an approved funded provider.
sec.16
Eligibility policy for ancillary housing service
sec.16 Eligibility policy for ancillary housing service
This section applies to a funded provider that receives funding to provide an ancillary housing service.
The funded provider must—
keep an eligibility policy for the ancillary housing service; and
implement the eligibility policy for the ancillary housing service consistently and fairly.
In this section—
eligibility policy , for an ancillary housing service, means a policy that—
states the criteria and procedures for deciding whether a person is eligible to receive the service; and
complies with the funding agreement for the service.
(sec.16-ssec.1) This section applies to a funded provider that receives funding to provide an ancillary housing service.
(sec.16-ssec.2) The funded provider must— keep an eligibility policy for the ancillary housing service; and implement the eligibility policy for the ancillary housing service consistently and fairly.
(sec.16-ssec.3) In this section— eligibility policy , for an ancillary housing service, means a policy that— states the criteria and procedures for deciding whether a person is eligible to receive the service; and complies with the funding agreement for the service.
(a) keep an eligibility policy for the ancillary housing service; and
(b) implement the eligibility policy for the ancillary housing service consistently and fairly.
(a) states the criteria and procedures for deciding whether a person is eligible to receive the service; and
(b) complies with the funding agreement for the service.
sec.17
Rent policy for residential housing
sec.17 Rent policy for residential housing
This section applies to a funded provider that receives funding to provide a housing service for residential use.
The funded provider must—
keep a rent policy for the housing; and
implement the rent policy consistently and fairly.
The funded provider must comply with subsection (2) even if rent is not paid for the housing.
However, if a tenant pays rent for the housing, the funded provider must keep a record of the calculation of rent payments for the tenant for the period—
starting on the day the tenant is required to start paying rent; and
ending on the day that is 6 months after the last day the tenant is required to pay rent.
In this section—
rent policy , for housing for residential use, means a policy that—
states the criteria and procedures relating to rent payable by a tenant for the housing, including, for example, about—
setting the amount of rent; and
calculating rent payments; and
collecting rent; and
managing rent arrears; and
provides for—
explaining the calculation of rent payments to the tenant and dealing with queries about rent; and
giving the tenant a choice of ways to pay rent; and
preventing the tenant from getting into serious arrears of rent; and
complies with the funding agreement for the housing.
tenant means an individual to whom housing is provided for residential use.
(sec.17-ssec.1) This section applies to a funded provider that receives funding to provide a housing service for residential use.
(sec.17-ssec.2) The funded provider must— keep a rent policy for the housing; and implement the rent policy consistently and fairly.
(sec.17-ssec.3) The funded provider must comply with subsection (2) even if rent is not paid for the housing.
(sec.17-ssec.4) However, if a tenant pays rent for the housing, the funded provider must keep a record of the calculation of rent payments for the tenant for the period— starting on the day the tenant is required to start paying rent; and ending on the day that is 6 months after the last day the tenant is required to pay rent.
(sec.17-ssec.5) In this section— rent policy , for housing for residential use, means a policy that— states the criteria and procedures relating to rent payable by a tenant for the housing, including, for example, about— setting the amount of rent; and calculating rent payments; and collecting rent; and managing rent arrears; and provides for— explaining the calculation of rent payments to the tenant and dealing with queries about rent; and giving the tenant a choice of ways to pay rent; and preventing the tenant from getting into serious arrears of rent; and complies with the funding agreement for the housing. tenant means an individual to whom housing is provided for residential use.
(a) keep a rent policy for the housing; and
(b) implement the rent policy consistently and fairly.
(a) starting on the day the tenant is required to start paying rent; and
(b) ending on the day that is 6 months after the last day the tenant is required to pay rent.
(a) states the criteria and procedures relating to rent payable by a tenant for the housing, including, for example, about— (i) setting the amount of rent; and (ii) calculating rent payments; and (iii) collecting rent; and (iv) managing rent arrears; and
(i) setting the amount of rent; and
(ii) calculating rent payments; and
(iii) collecting rent; and
(iv) managing rent arrears; and
(b) provides for— (i) explaining the calculation of rent payments to the tenant and dealing with queries about rent; and (ii) giving the tenant a choice of ways to pay rent; and (iii) preventing the tenant from getting into serious arrears of rent; and
(i) explaining the calculation of rent payments to the tenant and dealing with queries about rent; and
(ii) giving the tenant a choice of ways to pay rent; and
(iii) preventing the tenant from getting into serious arrears of rent; and
(c) complies with the funding agreement for the housing.
(i) setting the amount of rent; and
(ii) calculating rent payments; and
(iii) collecting rent; and
(iv) managing rent arrears; and
(i) explaining the calculation of rent payments to the tenant and dealing with queries about rent; and
(ii) giving the tenant a choice of ways to pay rent; and
(iii) preventing the tenant from getting into serious arrears of rent; and
sec.18
Information about funded properties
sec.18 Information about funded properties
This section applies to a funded provider that receives funding to provide a social housing service.
The chief executive may require the funded provider, within the period stated by the chief executive, to give the chief executive information, in the approved form, about each funded property for the service.
If the information given to the chief executive changes, the funded provider must give details of the change, in the approved form, to the chief executive as soon as practicable.
(sec.18-ssec.1) This section applies to a funded provider that receives funding to provide a social housing service.
(sec.18-ssec.2) The chief executive may require the funded provider, within the period stated by the chief executive, to give the chief executive information, in the approved form, about each funded property for the service.
(sec.18-ssec.3) If the information given to the chief executive changes, the funded provider must give details of the change, in the approved form, to the chief executive as soon as practicable.
sec.19
Information about housing service
sec.19 Information about housing service
This section applies to a funded provider that receives funding to provide a housing service.
The chief executive may, by notice, require the funded provider to give the following information to the chief executive—
information, including, for example, financial information, about the housing service;
information about the use of a funded property for the housing service;
non-identifying information about a client of the funded provider;
any other information relating to the funding the chief executive considers appropriate.
The funded provider must comply with the request within the period stated in the notice.
In this section—
client —
means a person who—
is receiving a housing service from the funded provider; or
has applied to the funded provider for a housing service; and
includes a tenant.
(sec.19-ssec.1) This section applies to a funded provider that receives funding to provide a housing service.
(sec.19-ssec.2) The chief executive may, by notice, require the funded provider to give the following information to the chief executive— information, including, for example, financial information, about the housing service; information about the use of a funded property for the housing service; non-identifying information about a client of the funded provider; any other information relating to the funding the chief executive considers appropriate.
(sec.19-ssec.3) The funded provider must comply with the request within the period stated in the notice.
(sec.19-ssec.4) In this section— client — means a person who— is receiving a housing service from the funded provider; or has applied to the funded provider for a housing service; and includes a tenant.
(a) information, including, for example, financial information, about the housing service;
(b) information about the use of a funded property for the housing service;
(c) non-identifying information about a client of the funded provider;
(d) any other information relating to the funding the chief executive considers appropriate.
(a) means a person who— (i) is receiving a housing service from the funded provider; or (ii) has applied to the funded provider for a housing service; and
(i) is receiving a housing service from the funded provider; or
(ii) has applied to the funded provider for a housing service; and
(b) includes a tenant.
(i) is receiving a housing service from the funded provider; or
(ii) has applied to the funded provider for a housing service; and
pt.3
Housing services requirements—BTR providers and HIF providers
Housing services requirements—BTR providers and HIF providers
pt.3-div.1
Preliminary
Preliminary
sec.20
Definitions for part
sec.20 Definitions for part
In this part—
BTR provider means an entity approved by the State as having the appropriate financial standing, technical capacity and capability to participate in the Build to Rent pilot project.
Build to Rent pilot project see section 21 .
HIF provider means an entity approved by the State as having the appropriate financial standing, technical capacity and capability to participate in the Housing Investment Fund program.
Housing Investment Fund program see section 22 .
sec.21
What is the Build to Rent pilot project
sec.21 What is the Build to Rent pilot project
The Build to Rent pilot project is the pilot project administered by the State that seeks to deliver affordable housing to low to moderate income earners by providing rent subsidies to developers to encourage the development of affordable housing in Queensland.
sec.22
What is the Housing Investment Fund program
sec.22 What is the Housing Investment Fund program
The Housing Investment Fund program is the program administered by the State that—
seeks to deliver community housing and affordable housing to low to moderate income earners; and
provides subsidies, one-off capital grants and other support to encourage developers, builders, tenancy managers, institutional investors and superannuation funds to develop, finance and operate community housing and affordable housing in Queensland.
In this section—
community housing means a community housing service provided by a registered provider.
(sec.22-ssec.1) The Housing Investment Fund program is the program administered by the State that— seeks to deliver community housing and affordable housing to low to moderate income earners; and provides subsidies, one-off capital grants and other support to encourage developers, builders, tenancy managers, institutional investors and superannuation funds to develop, finance and operate community housing and affordable housing in Queensland.
(sec.22-ssec.2) In this section— community housing means a community housing service provided by a registered provider.
(a) seeks to deliver community housing and affordable housing to low to moderate income earners; and
(b) provides subsidies, one-off capital grants and other support to encourage developers, builders, tenancy managers, institutional investors and superannuation funds to develop, finance and operate community housing and affordable housing in Queensland.
sec.23
Housing services requirements— Act , s 33
sec.23 Housing services requirements— Act , s 33
For section 33 of the Act , this part prescribes the requirements relating to the provision of housing services for which a funded provider who is a BTR provider or HIF provider receives funding.
A BTR provider or HIF provider is an exempt provider under schedule 4 of the Act . See section 55 .
sec.24
Inconsistency with funding agreements
sec.24 Inconsistency with funding agreements
If a provision of this part is inconsistent with a term of a funding agreement—
the provision prevails; and
the term is void to the extent of the inconsistency.
Subsection (1) does not limit another provision of this regulation.
(sec.24-ssec.1) If a provision of this part is inconsistent with a term of a funding agreement— the provision prevails; and the term is void to the extent of the inconsistency.
(sec.24-ssec.2) Subsection (1) does not limit another provision of this regulation.
(a) the provision prevails; and
(b) the term is void to the extent of the inconsistency.
pt.3-div.2
Financial management and accountability requirements
Financial management and accountability requirements
sec.25
Using funding and receipts
sec.25 Using funding and receipts
A BTR provider or HIF provider must use the funding or receipts that the provider receives for a housing service in a way that complies with the funding agreement for the service.
sec.26
Using funded property as security
sec.26 Using funded property as security
An HIF provider must not use funded property as security for a loan unless the chief executive gives the HIF provider written approval to use the funded property as security for the loan.
sec.27
Financial statements for ancillary housing service
sec.27 Financial statements for ancillary housing service
This section applies to an HIF provider that receives funding for an ancillary housing service.
The HIF provider must prepare annual financial statements for each financial year in which the provider receives the funding.
If the HIF provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act .
If the chief executive requests a copy of the annual financial statements, the HIF provider must comply with the request.
The HIF provider must comply with this section even if the provider—
does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or
stops providing the ancillary housing service before complying with this section.
(sec.27-ssec.1) This section applies to an HIF provider that receives funding for an ancillary housing service.
(sec.27-ssec.2) The HIF provider must prepare annual financial statements for each financial year in which the provider receives the funding.
(sec.27-ssec.3) If the HIF provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act .
(sec.27-ssec.4) If the chief executive requests a copy of the annual financial statements, the HIF provider must comply with the request.
(sec.27-ssec.5) The HIF provider must comply with this section even if the provider— does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or stops providing the ancillary housing service before complying with this section.
(a) does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or
(b) stops providing the ancillary housing service before complying with this section.
sec.28
Asset management plans
sec.28 Asset management plans
An HIF provider must keep, and implement, a management plan (an asset management plan ) for each of the HIF provider’s funded properties.
The purpose of an asset management plan is to—
maintain the long-term viability, and value, of the funded property; and
ensure the funded property is appropriate for—
the type of housing service the HIF provider provides; and
the needs of people using the housing service; and
the circumstances in which the HIF provider provides the housing service.
An asset management plan must include financial strategies for the plan’s implementation.
If the chief executive requests a copy of an asset management plan, the HIF provider must comply with the request.
(sec.28-ssec.1) An HIF provider must keep, and implement, a management plan (an asset management plan ) for each of the HIF provider’s funded properties.
(sec.28-ssec.2) The purpose of an asset management plan is to— maintain the long-term viability, and value, of the funded property; and ensure the funded property is appropriate for— the type of housing service the HIF provider provides; and the needs of people using the housing service; and the circumstances in which the HIF provider provides the housing service.
(sec.28-ssec.3) An asset management plan must include financial strategies for the plan’s implementation.
(sec.28-ssec.4) If the chief executive requests a copy of an asset management plan, the HIF provider must comply with the request.
(a) maintain the long-term viability, and value, of the funded property; and
(b) ensure the funded property is appropriate for— (i) the type of housing service the HIF provider provides; and (ii) the needs of people using the housing service; and (iii) the circumstances in which the HIF provider provides the housing service.
(i) the type of housing service the HIF provider provides; and
(ii) the needs of people using the housing service; and
(iii) the circumstances in which the HIF provider provides the housing service.
(i) the type of housing service the HIF provider provides; and
(ii) the needs of people using the housing service; and
(iii) the circumstances in which the HIF provider provides the housing service.
pt.3-div.3
Governance and service delivery
Governance and service delivery
sec.29
Compliance with Queensland privacy principles
sec.29 Compliance with Queensland privacy principles
A BTR provider or HIF provider must comply with the Information Privacy Act 2009 , chapter 2 , parts 1 and 2 as if the provider were the department.
sec.30
Eligibility policy for social housing service
sec.30 Eligibility policy for social housing service
This section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.
The BTR provider or HIF provider must—
keep an eligibility policy for the social housing service; and
implement the eligibility policy for the social housing service consistently and fairly.
In this section—
eligibility policy , for a social housing service, means a policy that—
states the criteria and procedures for deciding whether a person is eligible to receive the service; and
complies with the funding agreement for the service.
(sec.30-ssec.1) This section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.
(sec.30-ssec.2) The BTR provider or HIF provider must— keep an eligibility policy for the social housing service; and implement the eligibility policy for the social housing service consistently and fairly.
(sec.30-ssec.3) In this section— eligibility policy , for a social housing service, means a policy that— states the criteria and procedures for deciding whether a person is eligible to receive the service; and complies with the funding agreement for the service.
(a) keep an eligibility policy for the social housing service; and
(b) implement the eligibility policy for the social housing service consistently and fairly.
(a) states the criteria and procedures for deciding whether a person is eligible to receive the service; and
(b) complies with the funding agreement for the service.
sec.31
Allocations policy for social housing service
sec.31 Allocations policy for social housing service
This section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.
The BTR provider or HIF provider must—
keep an allocations policy for the social housing service; and
implement the allocations policy for the social housing service consistently and fairly.
In this section—
allocations policy , for a social housing service, means a policy that—
states the criteria and procedures for deciding whether the service is to be allocated to a person eligible to receive the service; and
complies with the funding agreement for the service.
(sec.31-ssec.1) This section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.
(sec.31-ssec.2) The BTR provider or HIF provider must— keep an allocations policy for the social housing service; and implement the allocations policy for the social housing service consistently and fairly.
(sec.31-ssec.3) In this section— allocations policy , for a social housing service, means a policy that— states the criteria and procedures for deciding whether the service is to be allocated to a person eligible to receive the service; and complies with the funding agreement for the service.
(a) keep an allocations policy for the social housing service; and
(b) implement the allocations policy for the social housing service consistently and fairly.
(a) states the criteria and procedures for deciding whether the service is to be allocated to a person eligible to receive the service; and
(b) complies with the funding agreement for the service.
sec.32
Eligibility policy for ancillary housing service
sec.32 Eligibility policy for ancillary housing service
This section applies to an HIF provider that receives funding to provide an ancillary housing service.
The HIF provider must—
keep an eligibility policy for the ancillary housing service; and
implement the eligibility policy for the ancillary housing service consistently and fairly.
In this section—
eligibility policy , for an ancillary housing service, means a policy that—
states the criteria and procedures for deciding whether a person is eligible to receive the service; and
complies with the funding agreement for the service.
(sec.32-ssec.1) This section applies to an HIF provider that receives funding to provide an ancillary housing service.
(sec.32-ssec.2) The HIF provider must— keep an eligibility policy for the ancillary housing service; and implement the eligibility policy for the ancillary housing service consistently and fairly.
(sec.32-ssec.3) In this section— eligibility policy , for an ancillary housing service, means a policy that— states the criteria and procedures for deciding whether a person is eligible to receive the service; and complies with the funding agreement for the service.
(a) keep an eligibility policy for the ancillary housing service; and
(b) implement the eligibility policy for the ancillary housing service consistently and fairly.
(a) states the criteria and procedures for deciding whether a person is eligible to receive the service; and
(b) complies with the funding agreement for the service.
sec.33
Rent policy for residential housing
sec.33 Rent policy for residential housing
This section applies to a BTR provider or HIF provider that receives funding to provide a housing service for residential use.
The BTR provider or HIF provider must—
keep a rent policy for the housing service; and
implement the rent policy for the housing service consistently and fairly.
The BTR provider or HIF provider must comply with subsection (2) even if rent is not paid for the housing service.
However, if a tenant pays rent for the housing service, the BTR provider or HIF provider must keep a record of the calculation of rent payments for the tenant for the period required under the funding agreement.
In this section—
rent policy , for a housing service for residential use, means a policy that—
states the criteria and procedures relating to rent paid by a tenant for the service, including, for example, about—
setting the amount of rent; and
calculating rent payments; and
collecting rent; and
managing rent arrears; and
provides for—
explaining the calculation of rent payments to the tenant and dealing with their queries about rent; and
giving the tenant a choice of ways to pay rent; and
preventing the tenant from getting into serious arrears of rent; and
complies with the funding agreement for the service.
tenant means an individual to whom a housing service is provided for residential use.
(sec.33-ssec.1) This section applies to a BTR provider or HIF provider that receives funding to provide a housing service for residential use.
(sec.33-ssec.2) The BTR provider or HIF provider must— keep a rent policy for the housing service; and implement the rent policy for the housing service consistently and fairly.
(sec.33-ssec.3) The BTR provider or HIF provider must comply with subsection (2) even if rent is not paid for the housing service.
(sec.33-ssec.4) However, if a tenant pays rent for the housing service, the BTR provider or HIF provider must keep a record of the calculation of rent payments for the tenant for the period required under the funding agreement.
(sec.33-ssec.5) In this section— rent policy , for a housing service for residential use, means a policy that— states the criteria and procedures relating to rent paid by a tenant for the service, including, for example, about— setting the amount of rent; and calculating rent payments; and collecting rent; and managing rent arrears; and provides for— explaining the calculation of rent payments to the tenant and dealing with their queries about rent; and giving the tenant a choice of ways to pay rent; and preventing the tenant from getting into serious arrears of rent; and complies with the funding agreement for the service. tenant means an individual to whom a housing service is provided for residential use.
(a) keep a rent policy for the housing service; and
(b) implement the rent policy for the housing service consistently and fairly.
(a) states the criteria and procedures relating to rent paid by a tenant for the service, including, for example, about— (i) setting the amount of rent; and (ii) calculating rent payments; and (iii) collecting rent; and (iv) managing rent arrears; and
(i) setting the amount of rent; and
(ii) calculating rent payments; and
(iii) collecting rent; and
(iv) managing rent arrears; and
(b) provides for— (i) explaining the calculation of rent payments to the tenant and dealing with their queries about rent; and (ii) giving the tenant a choice of ways to pay rent; and (iii) preventing the tenant from getting into serious arrears of rent; and
(i) explaining the calculation of rent payments to the tenant and dealing with their queries about rent; and
(ii) giving the tenant a choice of ways to pay rent; and
(iii) preventing the tenant from getting into serious arrears of rent; and
(c) complies with the funding agreement for the service.
(i) setting the amount of rent; and
(ii) calculating rent payments; and
(iii) collecting rent; and
(iv) managing rent arrears; and
(i) explaining the calculation of rent payments to the tenant and dealing with their queries about rent; and
(ii) giving the tenant a choice of ways to pay rent; and
(iii) preventing the tenant from getting into serious arrears of rent; and
sec.34
Information about funded properties
sec.34 Information about funded properties
This section applies to an HIF provider that receives funding to provide a social housing service.
The chief executive may, by notice, require the HIF provider to give the chief executive stated information about each funded property for the service.
The HIF provider must comply with the request within the period stated in the notice.
If the information given to the chief executive changes, the HIF provider must give details of the change to the chief executive as soon as practicable.
(sec.34-ssec.1) This section applies to an HIF provider that receives funding to provide a social housing service.
(sec.34-ssec.2) The chief executive may, by notice, require the HIF provider to give the chief executive stated information about each funded property for the service.
(sec.34-ssec.3) The HIF provider must comply with the request within the period stated in the notice.
(sec.34-ssec.4) If the information given to the chief executive changes, the HIF provider must give details of the change to the chief executive as soon as practicable.
sec.35
Information about housing service
sec.35 Information about housing service
This section applies to an HIF provider that receives funding to provide a housing service.
The chief executive may, by notice, require the HIF provider to give the following information to the chief executive—
information, including, for example, financial information, about the housing service;
information about the use of a funded property for the housing service;
non-identifying information about a client of the HIF provider;
any other information about the funding the chief executive considers appropriate.
The HIF provider must comply with the request within the period stated in the notice.
In this section—
client —
means a person who—
is receiving a housing service from the HIF provider; or
has applied to the HIF provider for a housing service; and
includes a tenant.
(sec.35-ssec.1) This section applies to an HIF provider that receives funding to provide a housing service.
(sec.35-ssec.2) The chief executive may, by notice, require the HIF provider to give the following information to the chief executive— information, including, for example, financial information, about the housing service; information about the use of a funded property for the housing service; non-identifying information about a client of the HIF provider; any other information about the funding the chief executive considers appropriate.
(sec.35-ssec.3) The HIF provider must comply with the request within the period stated in the notice.
(sec.35-ssec.4) In this section— client — means a person who— is receiving a housing service from the HIF provider; or has applied to the HIF provider for a housing service; and includes a tenant.
(a) information, including, for example, financial information, about the housing service;
(b) information about the use of a funded property for the housing service;
(c) non-identifying information about a client of the HIF provider;
(d) any other information about the funding the chief executive considers appropriate.
(a) means a person who— (i) is receiving a housing service from the HIF provider; or (ii) has applied to the HIF provider for a housing service; and
(i) is receiving a housing service from the HIF provider; or
(ii) has applied to the HIF provider for a housing service; and
(b) includes a tenant.
(i) is receiving a housing service from the HIF provider; or
(ii) has applied to the HIF provider for a housing service; and
pt.4
Contracts register
Contracts register
sec.36
Contracts register
sec.36 Contracts register
The chief executive must keep a contracts register.
The chief executive may keep the contracts register in the form the chief executive considers appropriate.
(sec.36-ssec.1) The chief executive must keep a contracts register.
(sec.36-ssec.2) The chief executive may keep the contracts register in the form the chief executive considers appropriate.
sec.37
Recording particulars in contracts register
sec.37 Recording particulars in contracts register
This section applies if a section contract is lodged with the chief executive.
The chief executive must record the following particulars in the contracts register—
particulars about the section contract, including, for example, the name of the purchaser;
particulars about a registrable document or other document relating to the section contract, including, for example, when the chief executive recorded the document in the register;
any other particulars about the section contract that the chief executive considers should be recorded to ensure the register is an accurate, comprehensive and usable record of the contract, including, for example—
when the section contract ends; and
the reason for the section contract ending.
The amount payable under the section contract has been fully paid.
The purchaser breached the terms of the section contract.
(sec.37-ssec.1) This section applies if a section contract is lodged with the chief executive.
(sec.37-ssec.2) The chief executive must record the following particulars in the contracts register— particulars about the section contract, including, for example, the name of the purchaser; particulars about a registrable document or other document relating to the section contract, including, for example, when the chief executive recorded the document in the register; any other particulars about the section contract that the chief executive considers should be recorded to ensure the register is an accurate, comprehensive and usable record of the contract, including, for example— when the section contract ends; and the reason for the section contract ending. The amount payable under the section contract has been fully paid. The purchaser breached the terms of the section contract.
(a) particulars about the section contract, including, for example, the name of the purchaser;
(b) particulars about a registrable document or other document relating to the section contract, including, for example, when the chief executive recorded the document in the register;
(c) any other particulars about the section contract that the chief executive considers should be recorded to ensure the register is an accurate, comprehensive and usable record of the contract, including, for example— (i) when the section contract ends; and (ii) the reason for the section contract ending. Examples for subparagraph (ii) — 1 The amount payable under the section contract has been fully paid. 2 The purchaser breached the terms of the section contract.
(i) when the section contract ends; and
(ii) the reason for the section contract ending. Examples for subparagraph (ii) — 1 The amount payable under the section contract has been fully paid. 2 The purchaser breached the terms of the section contract.
1 The amount payable under the section contract has been fully paid.
2 The purchaser breached the terms of the section contract.
(i) when the section contract ends; and
(ii) the reason for the section contract ending. Examples for subparagraph (ii) — 1 The amount payable under the section contract has been fully paid. 2 The purchaser breached the terms of the section contract.
1 The amount payable under the section contract has been fully paid.
2 The purchaser breached the terms of the section contract.
1 The amount payable under the section contract has been fully paid.
2 The purchaser breached the terms of the section contract.
sec.38
Keeping other information
sec.38 Keeping other information
The chief executive may keep, separately from the contracts register, any information the chief executive considers necessary or desirable for the effective or efficient operation of the register.
sec.39
Documents forming part of contracts register
sec.39 Documents forming part of contracts register
A document—
forms part of the contracts register when the document is lodged; and
is registered when particulars about the document are recorded in the contracts register.
(a) forms part of the contracts register when the document is lodged; and
(b) is registered when particulars about the document are recorded in the contracts register.
sec.40
Searching contracts register
sec.40 Searching contracts register
After paying the fee stated in schedule 1 , a person may—
search and get a copy of—
particulars about a section contract that are recorded in the contracts register; or
a document that was lodged but not registered (whether or not the document has been cancelled); or
a registered document; or
information kept under section 38 ; and
have a copy of a thing mentioned in paragraph (a) certified by the chief executive to be an accurate copy.
However, a person may not search or get a copy of a document that the chief executive has disposed of under the Public Records Act 2023 .
The chief executive may certify a copy of a document mentioned in subsection (1) (a) .
A copy of a document that purports to have been certified by the chief executive is, in a proceeding, evidence of the document.
In this section—
registered document means a registrable document or other document, particulars of which have been recorded in the contracts register under section 37 .
(sec.40-ssec.1) After paying the fee stated in schedule 1 , a person may— search and get a copy of— particulars about a section contract that are recorded in the contracts register; or a document that was lodged but not registered (whether or not the document has been cancelled); or a registered document; or information kept under section 38 ; and have a copy of a thing mentioned in paragraph (a) certified by the chief executive to be an accurate copy.
(sec.40-ssec.2) However, a person may not search or get a copy of a document that the chief executive has disposed of under the Public Records Act 2023 .
(sec.40-ssec.3) The chief executive may certify a copy of a document mentioned in subsection (1) (a) .
(sec.40-ssec.4) A copy of a document that purports to have been certified by the chief executive is, in a proceeding, evidence of the document.
(sec.40-ssec.5) In this section— registered document means a registrable document or other document, particulars of which have been recorded in the contracts register under section 37 .
(a) search and get a copy of— (i) particulars about a section contract that are recorded in the contracts register; or (ii) a document that was lodged but not registered (whether or not the document has been cancelled); or (iii) a registered document; or (iv) information kept under section 38 ; and
(i) particulars about a section contract that are recorded in the contracts register; or
(ii) a document that was lodged but not registered (whether or not the document has been cancelled); or
(iii) a registered document; or
(iv) information kept under section 38 ; and
(b) have a copy of a thing mentioned in paragraph (a) certified by the chief executive to be an accurate copy.
(i) particulars about a section contract that are recorded in the contracts register; or
(ii) a document that was lodged but not registered (whether or not the document has been cancelled); or
(iii) a registered document; or
(iv) information kept under section 38 ; and
sec.41
Correcting contracts register
sec.41 Correcting contracts register
The chief executive may correct the contracts register if satisfied—
the register is incorrect; and
the correction will not prejudice a purchaser’s rights.
For that purpose, the chief executive may correct—
a particular in the register; or
a document that forms part of the register.
If the chief executive corrects the contracts register, the chief executive must record in the register—
the state of the register before it was corrected; and
the day it was corrected; and
the reason it was corrected.
(sec.41-ssec.1) The chief executive may correct the contracts register if satisfied— the register is incorrect; and the correction will not prejudice a purchaser’s rights.
(sec.41-ssec.2) For that purpose, the chief executive may correct— a particular in the register; or a document that forms part of the register.
(sec.41-ssec.3) If the chief executive corrects the contracts register, the chief executive must record in the register— the state of the register before it was corrected; and the day it was corrected; and the reason it was corrected.
(a) the register is incorrect; and
(b) the correction will not prejudice a purchaser’s rights.
(a) a particular in the register; or
(b) a document that forms part of the register.
(a) the state of the register before it was corrected; and
(b) the day it was corrected; and
(c) the reason it was corrected.
sec.42
Requisitions
sec.42 Requisitions
This section applies if a person applies to the chief executive to lodge a document under this part.
The chief executive may, by notice (a requisition ), require the person to—
re-execute, complete or correct the document if the chief executive considers the document is wrong, incomplete or defective; or
give the chief executive another document or information to support the person’s application within a stated period.
The requisition may require the other document or information to be verified by a statutory declaration or affidavit.
The chief executive may extend the period for complying with the requisition.
The chief executive may refuse to deal with the document until the person—
complies with the requisition; and
pays the fee stated in schedule 1 .
(sec.42-ssec.1) This section applies if a person applies to the chief executive to lodge a document under this part.
(sec.42-ssec.2) The chief executive may, by notice (a requisition ), require the person to— re-execute, complete or correct the document if the chief executive considers the document is wrong, incomplete or defective; or give the chief executive another document or information to support the person’s application within a stated period.
(sec.42-ssec.3) The requisition may require the other document or information to be verified by a statutory declaration or affidavit.
(sec.42-ssec.4) The chief executive may extend the period for complying with the requisition.
(sec.42-ssec.5) The chief executive may refuse to deal with the document until the person— complies with the requisition; and pays the fee stated in schedule 1 .
(a) re-execute, complete or correct the document if the chief executive considers the document is wrong, incomplete or defective; or
(b) give the chief executive another document or information to support the person’s application within a stated period.
(a) complies with the requisition; and
(b) pays the fee stated in schedule 1 .
sec.43
Registering death of joint purchaser
sec.43 Registering death of joint purchaser
A person may ask the chief executive to register the death of a joint purchaser.
After receiving a written request to register the death of a joint purchaser, the chief executive may register the death.
(sec.43-ssec.1) A person may ask the chief executive to register the death of a joint purchaser.
(sec.43-ssec.2) After receiving a written request to register the death of a joint purchaser, the chief executive may register the death.
sec.44
Registering personal representative
sec.44 Registering personal representative
A person may ask the chief executive to register—
the death of a purchaser under a section contract; and
the person as the purchaser’s personal representative.
After receiving a written request to register a person as the purchaser’s personal representative, the chief executive may register the person as the purchaser’s personal representative.
However, the chief executive may register the person as the purchaser’s personal representative only if—
the person has obtained a grant of representation for the purchaser and gives the chief executive the grant or a copy of the grant issued by the Supreme Court; or
paragraph (a) does not apply and each of the following is satisfied—
the purchaser died without a will;
letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death;
the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000;
the chief executive believes the person has a right to obtain a grant of representation; or
paragraph (a) does not apply and both of the following are satisfied—
the purchaser died with a will;
the chief executive believes the person has a right to obtain a grant of representation.
A person registered as a personal representative without a grant of representation for the purchaser has the same interest in the section contract as if the person had a grant of representation.
The validity of an act done, or payment made, in good faith under the section contract by a person registered as personal representative is not affected by a later grant of representation for the purchaser.
If the person (the grantee ) who obtains a grant of representation for the purchaser is different from the person registered as personal representative for the purchaser, the registered person must—
account to the grantee for an interest in the section contract that the registered person controlled before the grant was made; and
take all action necessary to vest the interest in the contract that remains under the registered person’s control in the grantee.
In a section contract, a reference to a purchaser includes a reference to the purchaser’s personal representative, to the extent there is no contrary intention in the section contract.
(sec.44-ssec.1) A person may ask the chief executive to register— the death of a purchaser under a section contract; and the person as the purchaser’s personal representative.
(sec.44-ssec.2) After receiving a written request to register a person as the purchaser’s personal representative, the chief executive may register the person as the purchaser’s personal representative.
(sec.44-ssec.3) However, the chief executive may register the person as the purchaser’s personal representative only if— the person has obtained a grant of representation for the purchaser and gives the chief executive the grant or a copy of the grant issued by the Supreme Court; or paragraph (a) does not apply and each of the following is satisfied— the purchaser died without a will; letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death; the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000; the chief executive believes the person has a right to obtain a grant of representation; or paragraph (a) does not apply and both of the following are satisfied— the purchaser died with a will; the chief executive believes the person has a right to obtain a grant of representation.
(sec.44-ssec.4) A person registered as a personal representative without a grant of representation for the purchaser has the same interest in the section contract as if the person had a grant of representation.
(sec.44-ssec.5) The validity of an act done, or payment made, in good faith under the section contract by a person registered as personal representative is not affected by a later grant of representation for the purchaser.
(sec.44-ssec.6) If the person (the grantee ) who obtains a grant of representation for the purchaser is different from the person registered as personal representative for the purchaser, the registered person must— account to the grantee for an interest in the section contract that the registered person controlled before the grant was made; and take all action necessary to vest the interest in the contract that remains under the registered person’s control in the grantee.
(sec.44-ssec.7) In a section contract, a reference to a purchaser includes a reference to the purchaser’s personal representative, to the extent there is no contrary intention in the section contract.
(a) the death of a purchaser under a section contract; and
(b) the person as the purchaser’s personal representative.
(a) the person has obtained a grant of representation for the purchaser and gives the chief executive the grant or a copy of the grant issued by the Supreme Court; or
(b) paragraph (a) does not apply and each of the following is satisfied— (i) the purchaser died without a will; (ii) letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death; (iii) the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000; (iv) the chief executive believes the person has a right to obtain a grant of representation; or
(i) the purchaser died without a will;
(ii) letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death;
(iii) the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000;
(iv) the chief executive believes the person has a right to obtain a grant of representation; or
(c) paragraph (a) does not apply and both of the following are satisfied— (i) the purchaser died with a will; (ii) the chief executive believes the person has a right to obtain a grant of representation.
(i) the purchaser died with a will;
(ii) the chief executive believes the person has a right to obtain a grant of representation.
(i) the purchaser died without a will;
(ii) letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death;
(iii) the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000;
(iv) the chief executive believes the person has a right to obtain a grant of representation; or
(i) the purchaser died with a will;
(ii) the chief executive believes the person has a right to obtain a grant of representation.
(a) account to the grantee for an interest in the section contract that the registered person controlled before the grant was made; and
(b) take all action necessary to vest the interest in the contract that remains under the registered person’s control in the grantee.
sec.45
Registering person beneficially entitled
sec.45 Registering person beneficially entitled
A person who is beneficially entitled under a will to a purchaser’s interest in a section contract may ask the chief executive to register a transmission of the purchaser’s interest to the person.
After receiving a written request to register the transmission, the chief executive may register the transmission.
However, the chief executive may register the transmission only if—
the purchaser’s personal representative gives written approval; and
the chief executive is satisfied the person is beneficially entitled to the interest.
(sec.45-ssec.1) A person who is beneficially entitled under a will to a purchaser’s interest in a section contract may ask the chief executive to register a transmission of the purchaser’s interest to the person.
(sec.45-ssec.2) After receiving a written request to register the transmission, the chief executive may register the transmission.
(sec.45-ssec.3) However, the chief executive may register the transmission only if— the purchaser’s personal representative gives written approval; and the chief executive is satisfied the person is beneficially entitled to the interest.
(a) the purchaser’s personal representative gives written approval; and
(b) the chief executive is satisfied the person is beneficially entitled to the interest.
sec.46
Registering other dealings
sec.46 Registering other dealings
The chief executive may register particulars about each of the following dealings if a request to register the dealing is lodged—
a change or correction of the name of a purchaser under a section contract;
a court order affecting (directly or indirectly) a purchaser’s interest in a section contract;
a court order setting aside a court order mentioned in paragraph (b) ;
a power of attorney;
a revocation of a power of attorney;
a transmission of a purchaser’s interest in a section contract under a law about bankruptcy;
a disclaimer of an interest in a section contract under a law about bankruptcy;
an assignment of a purchaser’s interest in a section contract;
a severance of a joint tenancy between joint purchasers under a section contract.
The request must—
be in writing; and
if the request is a registrable document—be in the form (if any) that the chief executive approves under section 47 .
(sec.46-ssec.1) The chief executive may register particulars about each of the following dealings if a request to register the dealing is lodged— a change or correction of the name of a purchaser under a section contract; a court order affecting (directly or indirectly) a purchaser’s interest in a section contract; a court order setting aside a court order mentioned in paragraph (b) ; a power of attorney; a revocation of a power of attorney; a transmission of a purchaser’s interest in a section contract under a law about bankruptcy; a disclaimer of an interest in a section contract under a law about bankruptcy; an assignment of a purchaser’s interest in a section contract; a severance of a joint tenancy between joint purchasers under a section contract.
(sec.46-ssec.2) The request must— be in writing; and if the request is a registrable document—be in the form (if any) that the chief executive approves under section 47 .
(a) a change or correction of the name of a purchaser under a section contract;
(b) a court order affecting (directly or indirectly) a purchaser’s interest in a section contract;
(c) a court order setting aside a court order mentioned in paragraph (b) ;
(d) a power of attorney;
(e) a revocation of a power of attorney;
(f) a transmission of a purchaser’s interest in a section contract under a law about bankruptcy;
(g) a disclaimer of an interest in a section contract under a law about bankruptcy;
(h) an assignment of a purchaser’s interest in a section contract;
(i) a severance of a joint tenancy between joint purchasers under a section contract.
(a) be in writing; and
(b) if the request is a registrable document—be in the form (if any) that the chief executive approves under section 47 .
sec.47
Form of registrable document
sec.47 Form of registrable document
The chief executive may approve the form of a registrable document.
If the chief executive has approved the form of a registrable document, the chief executive may register information in a registrable document only if—
the document is in the approved form; or
the chief executive considers it appropriate, in the circumstances, to register information in a document that is not in the approved form.
(sec.47-ssec.1) The chief executive may approve the form of a registrable document.
(sec.47-ssec.2) If the chief executive has approved the form of a registrable document, the chief executive may register information in a registrable document only if— the document is in the approved form; or the chief executive considers it appropriate, in the circumstances, to register information in a document that is not in the approved form.
(a) the document is in the approved form; or
(b) the chief executive considers it appropriate, in the circumstances, to register information in a document that is not in the approved form.
pt.5
Fees
Fees
sec.48
Fees
sec.48 Fees
The fees payable under the Act are stated in schedule 1 .
sec.49
Expenses of taking possession
sec.49 Expenses of taking possession
This section applies if—
the chief executive takes possession of land under a section contract; and
the section contract provides for an amount to be paid to the chief executive for the expenses of taking possession.
The purchaser under the section contract must pay the chief executive the chief executive’s actual expenses of taking possession.
The chief executive may recover an amount mentioned in subsection (2) as a debt payable by the purchaser to the chief executive.
(sec.49-ssec.1) This section applies if— the chief executive takes possession of land under a section contract; and the section contract provides for an amount to be paid to the chief executive for the expenses of taking possession.
(sec.49-ssec.2) The purchaser under the section contract must pay the chief executive the chief executive’s actual expenses of taking possession.
(sec.49-ssec.3) The chief executive may recover an amount mentioned in subsection (2) as a debt payable by the purchaser to the chief executive.
(a) the chief executive takes possession of land under a section contract; and
(b) the section contract provides for an amount to be paid to the chief executive for the expenses of taking possession.
pt.6
Miscellaneous
Miscellaneous
sec.50
Prescribed housing service information— Act , s 18
sec.50 Prescribed housing service information— Act , s 18
For section 18 (1) of the Act , housing service information is prescribed if the information—
has been given by a residential tenant to the chief executive or a funded provider; and
is about any of the following—
the number of people (each an occupant ) who live in the housing provided under the housing service at any time during the tenancy period;
the identity, and income, of each occupant;
when each occupant became an occupant;
when each occupant stopped being an occupant.
In this section—
residential tenancy agreement means either of the following within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008 —
a residential tenancy agreement;
a rooming accommodation agreement.
residential tenant means a person to whom the State or a funded provider has provided a housing service under a residential tenancy agreement.
tenancy period means the period when people live in the housing provided under the housing service, under the residential tenancy agreement, including any renewal or extension of the agreement.
(sec.50-ssec.1) For section 18 (1) of the Act , housing service information is prescribed if the information— has been given by a residential tenant to the chief executive or a funded provider; and is about any of the following— the number of people (each an occupant ) who live in the housing provided under the housing service at any time during the tenancy period; the identity, and income, of each occupant; when each occupant became an occupant; when each occupant stopped being an occupant.
(sec.50-ssec.2) In this section— residential tenancy agreement means either of the following within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008 — a residential tenancy agreement; a rooming accommodation agreement. residential tenant means a person to whom the State or a funded provider has provided a housing service under a residential tenancy agreement. tenancy period means the period when people live in the housing provided under the housing service, under the residential tenancy agreement, including any renewal or extension of the agreement.
(a) has been given by a residential tenant to the chief executive or a funded provider; and
(b) is about any of the following— (i) the number of people (each an occupant ) who live in the housing provided under the housing service at any time during the tenancy period; (ii) the identity, and income, of each occupant; (iii) when each occupant became an occupant; (iv) when each occupant stopped being an occupant.
(i) the number of people (each an occupant ) who live in the housing provided under the housing service at any time during the tenancy period;
(ii) the identity, and income, of each occupant;
(iii) when each occupant became an occupant;
(iv) when each occupant stopped being an occupant.
(i) the number of people (each an occupant ) who live in the housing provided under the housing service at any time during the tenancy period;
(ii) the identity, and income, of each occupant;
(iii) when each occupant became an occupant;
(iv) when each occupant stopped being an occupant.
(a) a residential tenancy agreement;
(b) a rooming accommodation agreement.
sec.51
Standard interest rate policy— Act , s 92
sec.51 Standard interest rate policy— Act , s 92
This section prescribes the interest rate policy for section 92 (3) of the Act .
A declared standard fixed interest rate must not be—
more than the highest of the bank standard fixed interest rates, for the period, that applies on the chosen day; or
less than the lowest of the bank standard fixed interest rates, for the period, that applies on the chosen day.
A declared standard variable interest rate must not be—
more than the highest of the bank standard variable interest rates that applies on the chosen day; or
less than the lowest of the bank standard variable interest rates that applies on the chosen day.
In this section—
bank standard fixed interest rates , for a period, means the standard fixed interest rates that the major banks charge for a home loan for the period.
bank standard variable interest rates means the standard variable interest rates that the major banks charge for a home loan.
chosen day means a day, chosen by the chief executive at the time of declaring a standard interest rate, that is within 1 month before the chief executive sets the rate.
home loan means a loan secured by a mortgage over a residential property that the mortgagor lives in.
major banks means—
Australia and New Zealand Banking Group Limited ACN 005 357 522; and
Commonwealth Bank of Australia ACN 123 123 124; and
National Australia Bank Limited ACN 004 044 937; and
Westpac Banking Corporation ACN 007 457 141.
(sec.51-ssec.1) This section prescribes the interest rate policy for section 92 (3) of the Act .
(sec.51-ssec.2) A declared standard fixed interest rate must not be— more than the highest of the bank standard fixed interest rates, for the period, that applies on the chosen day; or less than the lowest of the bank standard fixed interest rates, for the period, that applies on the chosen day.
(sec.51-ssec.3) A declared standard variable interest rate must not be— more than the highest of the bank standard variable interest rates that applies on the chosen day; or less than the lowest of the bank standard variable interest rates that applies on the chosen day.
(sec.51-ssec.4) In this section— bank standard fixed interest rates , for a period, means the standard fixed interest rates that the major banks charge for a home loan for the period. bank standard variable interest rates means the standard variable interest rates that the major banks charge for a home loan. chosen day means a day, chosen by the chief executive at the time of declaring a standard interest rate, that is within 1 month before the chief executive sets the rate. home loan means a loan secured by a mortgage over a residential property that the mortgagor lives in. major banks means— Australia and New Zealand Banking Group Limited ACN 005 357 522; and Commonwealth Bank of Australia ACN 123 123 124; and National Australia Bank Limited ACN 004 044 937; and Westpac Banking Corporation ACN 007 457 141.
(a) more than the highest of the bank standard fixed interest rates, for the period, that applies on the chosen day; or
(b) less than the lowest of the bank standard fixed interest rates, for the period, that applies on the chosen day.
(a) more than the highest of the bank standard variable interest rates that applies on the chosen day; or
(b) less than the lowest of the bank standard variable interest rates that applies on the chosen day.
(a) Australia and New Zealand Banking Group Limited ACN 005 357 522; and
(b) Commonwealth Bank of Australia ACN 123 123 124; and
(c) National Australia Bank Limited ACN 004 044 937; and
sec.52 Prescribed non-profit organisations— Act , s 94I
For section 94I of the Act , definition non-profit organisation , paragraph (b) , Homes For Homes Limited ACN 143 151 544 is prescribed.
sec.53
End of transitional period— Act , s 156
sec.53 End of transitional period— Act , s 156
For section 156 of the Act , definition transitional period , paragraph (b) (i) , the day prescribed is—
for an accommodation provider that is a relevant entity—30 June 2019; or
for any other accommodation provider—31 December 2018.
In this section—
relevant entity means—
ABIS Community Co-Operative Society Limited ABN 57 050 218 568; or
Aboriginal Corporation for Malanbarra Midja Housing & Welfare ABN 56 681 553 317; or
Camu Community Co-Operative Society Ltd ABN 86 464 271 448; or
Gladstone Aboriginal & Islanders Co-operative Society Ltd ABN 90 298 378 833; or
Gungarde Community Centre Aboriginal Corporation ABN 45 180 964 190; or
The Hinchinbrook Aboriginal & Islander Housing Co-Operative Society Ltd ABN 56 284 560 043; or
an indigenous local government; or
Kabi Kabi Aboriginal Corporation ABN 76 721 521 447; or
Longreach Aboriginal & Torres Strait Islanders Corporation for Housing and Business ABN 53 873 216 837; or
Maryborough Aboriginal Corporation for Housing & Cultural Development ABN 50 649 697 383; or
Ngoonbi Community Services Indigenous Corporation ABN 40 047 335 486; or
S.P.K. Housing Group Limited ABN 41 060 733 744; or
St. George Aboriginal Housing Company Limited ABN 54 010 079 679; or
Umpi Korumba Aboriginal and Torres Strait Islanders Corporation for Housing ABN 64 042 106 493.
(sec.53-ssec.1) For section 156 of the Act , definition transitional period , paragraph (b) (i) , the day prescribed is— for an accommodation provider that is a relevant entity—30 June 2019; or for any other accommodation provider—31 December 2018.
(sec.53-ssec.2) In this section— relevant entity means— ABIS Community Co-Operative Society Limited ABN 57 050 218 568; or Aboriginal Corporation for Malanbarra Midja Housing & Welfare ABN 56 681 553 317; or Camu Community Co-Operative Society Ltd ABN 86 464 271 448; or Gladstone Aboriginal & Islanders Co-operative Society Ltd ABN 90 298 378 833; or Gungarde Community Centre Aboriginal Corporation ABN 45 180 964 190; or The Hinchinbrook Aboriginal & Islander Housing Co-Operative Society Ltd ABN 56 284 560 043; or an indigenous local government; or Kabi Kabi Aboriginal Corporation ABN 76 721 521 447; or Longreach Aboriginal & Torres Strait Islanders Corporation for Housing and Business ABN 53 873 216 837; or Maryborough Aboriginal Corporation for Housing & Cultural Development ABN 50 649 697 383; or Ngoonbi Community Services Indigenous Corporation ABN 40 047 335 486; or S.P.K. Housing Group Limited ABN 41 060 733 744; or St. George Aboriginal Housing Company Limited ABN 54 010 079 679; or Umpi Korumba Aboriginal and Torres Strait Islanders Corporation for Housing ABN 64 042 106 493.
(a) for an accommodation provider that is a relevant entity—30 June 2019; or
(b) for any other accommodation provider—31 December 2018.
(a) ABIS Community Co-Operative Society Limited ABN 57 050 218 568; or
(b) Aboriginal Corporation for Malanbarra Midja Housing & Welfare ABN 56 681 553 317; or
(c) Camu Community Co-Operative Society Ltd ABN 86 464 271 448; or
(d) Gladstone Aboriginal & Islanders Co-operative Society Ltd ABN 90 298 378 833; or
(e) Gungarde Community Centre Aboriginal Corporation ABN 45 180 964 190; or
(f) The Hinchinbrook Aboriginal & Islander Housing Co-Operative Society Ltd ABN 56 284 560 043; or
(g) an indigenous local government; or
(h) Kabi Kabi Aboriginal Corporation ABN 76 721 521 447; or
(i) Longreach Aboriginal & Torres Strait Islanders Corporation for Housing and Business ABN 53 873 216 837; or
(j) Maryborough Aboriginal Corporation for Housing & Cultural Development ABN 50 649 697 383; or
(k) Ngoonbi Community Services Indigenous Corporation ABN 40 047 335 486; or
(l) S.P.K. Housing Group Limited ABN 41 060 733 744; or
(m) St. George Aboriginal Housing Company Limited ABN 54 010 079 679; or
(n) Umpi Korumba Aboriginal and Torres Strait Islanders Corporation for Housing ABN 64 042 106 493.
sec.54
Transferring or disposing of relevant assets— Act , s 159
sec.54 Transferring or disposing of relevant assets— Act , s 159
For section 159 (2) of the Act , this section prescribes the way an accommodation provider must transfer or otherwise dispose of each of the provider’s relevant assets.
The accommodation provider must consult with the chief executive about the most appropriate way of transferring or otherwise disposing of the relevant asset, before transferring or otherwise disposing of the asset.
The accommodation provider may transfer or otherwise dispose of the relevant asset—
by transferring, surrendering or assigning the provider’s interest in the asset to—
the chief executive; or
a registered provider, with the chief executive’s written consent; or
in another way, with the chief executive’s written consent.
Also, if the relevant asset is relevant property that is not a lease, the accommodation provider may dispose of the relevant asset by paying the value of the chief executive’s interest in the property to the department.
The chief executive may impose a condition on a written consent given under this section if the chief executive considers the condition is reasonably necessary to protect the asset.
The accommodation provider must comply with the condition.
In this section—
lease means a lease of relevant property by the chief executive, or Queensland Housing Commission, to the accommodation provider for a relevant housing service.
(sec.54-ssec.1) For section 159 (2) of the Act , this section prescribes the way an accommodation provider must transfer or otherwise dispose of each of the provider’s relevant assets.
(sec.54-ssec.2) The accommodation provider must consult with the chief executive about the most appropriate way of transferring or otherwise disposing of the relevant asset, before transferring or otherwise disposing of the asset.
(sec.54-ssec.3) The accommodation provider may transfer or otherwise dispose of the relevant asset— by transferring, surrendering or assigning the provider’s interest in the asset to— the chief executive; or a registered provider, with the chief executive’s written consent; or in another way, with the chief executive’s written consent.
(sec.54-ssec.4) Also, if the relevant asset is relevant property that is not a lease, the accommodation provider may dispose of the relevant asset by paying the value of the chief executive’s interest in the property to the department.
(sec.54-ssec.5) The chief executive may impose a condition on a written consent given under this section if the chief executive considers the condition is reasonably necessary to protect the asset.
(sec.54-ssec.6) The accommodation provider must comply with the condition.
(sec.54-ssec.7) In this section— lease means a lease of relevant property by the chief executive, or Queensland Housing Commission, to the accommodation provider for a relevant housing service.
(a) by transferring, surrendering or assigning the provider’s interest in the asset to— (i) the chief executive; or (ii) a registered provider, with the chief executive’s written consent; or
(i) the chief executive; or
(ii) a registered provider, with the chief executive’s written consent; or
(b) in another way, with the chief executive’s written consent.
(i) the chief executive; or
(ii) a registered provider, with the chief executive’s written consent; or
sec.55
Exempt providers— Act , sch 4
sec.55 Exempt providers— Act , sch 4
For schedule 4 of the Act , definition exempt provider , paragraph (b) , a BTR provider and an HIF provider are each prescribed as being eligible to receive funding to provide—
a particular social housing service in this jurisdiction; or
any social housing service in this jurisdiction.
(a) a particular social housing service in this jurisdiction; or
(b) any social housing service in this jurisdiction.
pt.7
Transitional provisions
Transitional provisions
sec.56
Definition for part
sec.56 Definition for part
In this part—
expired regulation means the expired Housing Regulation 2015 .
sec.57
Saving of operation of transitional provisions
sec.57 Saving of operation of transitional provisions
Sections 39 and 40 of the expired regulation are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.
sec.58
Deferral of obligation to implement new policies
sec.58 Deferral of obligation to implement new policies
The requirement under section 14 of this regulation to implement the Social Housing Eligibility Criteria and Social Housing Allocations Policy does not apply until 14 September 2026.
Despite its expiry, section 14 of the expired regulation continues to apply from the commencement until 14 September 2026 to a funded provider that receives funding to provide a social housing service.
(sec.58-ssec.1) The requirement under section 14 of this regulation to implement the Social Housing Eligibility Criteria and Social Housing Allocations Policy does not apply until 14 September 2026.
(sec.58-ssec.2) Despite its expiry, section 14 of the expired regulation continues to apply from the commencement until 14 September 2026 to a funded provider that receives funding to provide a social housing service.
sec.59
References to expired policies
sec.59 References to expired policies
In a document, including, for example, a funding agreement—
a reference to the Social Housing Eligibility Criteria under section 14 of the expired regulation may, if the context permits, be taken to be a reference to the Social Housing Eligibility Criteria under section 14 of this regulation; and
a reference to the Allocations Policy for Funded Social Housing Providers under section 14 of the expired regulation may, if the context permits, be taken to be a reference to the Social Housing Allocations Policy under section 14 of this regulation.
(a) a reference to the Social Housing Eligibility Criteria under section 14 of the expired regulation may, if the context permits, be taken to be a reference to the Social Housing Eligibility Criteria under section 14 of this regulation; and
(b) a reference to the Allocations Policy for Funded Social Housing Providers under section 14 of the expired regulation may, if the context permits, be taken to be a reference to the Social Housing Allocations Policy under section 14 of this regulation.
sec.60
References to expired regulation
sec.60 References to expired regulation
In a document, a reference to the expired regulation may, if the context permits, be taken to be a reference to this regulation.
sch.1-pt.1
Applications and consents
Applications and consents
sch.1-pt.2
Contracts register
Contracts register
sch.1-pt.3
Other fees
Other fees
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Housing Regulation 2026 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 September 2026.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this regulation.
sec.4 Ancillary housing services— Act , s 8
sec.4 Ancillary housing services— Act , s 8
For section 8 (5) (b) (vii) of the Act , a housing-related education or employment service is prescribed as an ancillary housing service.
pt.2 Housing services requirements—funded providers other than BTR providers and HIF providers
Housing services requirements—funded providers other than BTR providers and HIF providers
pt.2-div.1 Introductory
Introductory
sec.5 Housing services requirements— Act , s 33
sec.5 Housing services requirements— Act , s 33
For section 33 of the Act , this part prescribes the requirements relating to the provision of housing services for which a funded provider, other than a BTR provider or HIF provider, receives funding.
sec.6 Inconsistency with funding agreements
sec.6 Inconsistency with funding agreements
If a provision of this part is inconsistent with a term of a funding agreement—
the provision prevails; and
the term is void to the extent of the inconsistency.
Subsection (1) does not limit another provision of this regulation.
(sec.6-ssec.1) If a provision of this part is inconsistent with a term of a funding agreement— the provision prevails; and the term is void to the extent of the inconsistency.
(sec.6-ssec.2) Subsection (1) does not limit another provision of this regulation.
(a) the provision prevails; and
(b) the term is void to the extent of the inconsistency.
pt.2-div.2 Financial management and accountability requirements
Financial management and accountability requirements
sec.7 Using funding and receipts
sec.7 Using funding and receipts
A funded provider must use the funding or receipts that the funded provider receives for a housing service in a way that complies with the funding agreement for the service.
sec.8 Returning unspent receipts
Creates transitional arrangements referencing the expired Housing Regulation 2015, preserves certain prior transitional provisions, and defers a change to the social housing eligibility and allocations policy implementation until 14 September 2026 (sections 56 to 60).
Prescribes ancillary technical matters, such as the standard interest rate policy tied to major bank rates for purposes of section 92 of the Act (section 51), and prescribes a named non-profit entity for a definition in the Act (section 52).
Key structural points are that parts 2 and 3 set out separate but parallel obligations. Part 2 applies to funded providers other than BTR providers and HIF providers, see section 5, while part 3 applies specifically to BTR providers and HIF providers, see section 23 and the definitions in section 20. The regulation also establishes a supremacy rule: where a provision in the relevant part is inconsistent with a funding agreement term, the regulation provision prevails and the inconsistent term is void to that extent, see sections 6 and 24.
This is a statement of what the regulation does mechanically, based on its text. It does not give advice about how any specific entity should act under it.
Main concepts
The regulation is organised around a small set of recurring regulatory concepts. The following concepts are central and defined or clarified in the instrument itself:
Funded provider and funded property, as working categories. The regulation regulates obligations that attach to a funded provider who “receives funding” to provide a housing service, and to “funded property” to which a funding agreement relates. See, for example, section 5: “For section 33 of the Act, this part prescribes the requirements relating to the provision of housing services for which a funded provider ... receives funding.” The term “funded property” is used throughout sections 9, 12, 18, 28, 34 and elsewhere to link asset-specific obligations and payment calculations to particular funding agreements.
Ancillary housing service, defined by example in section 4: “a housing-related education or employment service is prescribed as an ancillary housing service.” Where providers receive funding for ancillary services, particular reporting and financial statement duties apply, see sections 11 and 27.
BTR provider and HIF provider are treated as separate categories with tailored rules. Section 20 defines BTR provider as an entity approved to participate in the Build to Rent pilot project, and HIF provider as an entity approved for the Housing Investment Fund program. Part 3 (sections 23 to 35) contains requirements that apply specifically to these providers. Section 55 explicitly prescribes BTR and HIF providers as “exempt providers” for the Act’s schedule 4 definition, enabling particular funding arrangements.
Funding agreement supremacy. Sections 6 and 24 each say, in identical terms, that where a provision of the part is inconsistent with a term of a funding agreement, “the provision prevails; and the term is void to the extent of the inconsistency.” The regulation therefore functions as a mandatory overlay for funded housing services, constraining contractual freedom where it conflicts with these regulatory provisions.
Chief executive-centric administration. Many powers and duties are exercised by or given to “the chief executive.” Examples include issuing notices to require payment of unspent receipts (section 8), giving payment notices within 12 months after the end of a financial year to recover accumulated unspent receipts (section 9), requesting information about funded properties (sections 18 and 34), requesting information about housing services (sections 19 and 35), and keeping and correcting the contracts register (sections 36 and 41). The chief executive also has discretion to approve forms, grant written approvals, impose conditions, and refuse to deal with documents where requisitions are not complied with (sections 10, 26, 41, 42, 47, 54).
Financial transparency and accountability. The regulation requires providers to use funding and receipts in accordance with funding agreements (sections 7 and 25), keep clear records of receipts, spent amounts and repaid amounts (section 9 definitions), prepare annual financial statements where funding for ancillary services is received (sections 11 and 27), and prepare asset management plans that include financial strategies (sections 12 and 28).
Information, privacy and reporting. Providers must comply with parts of the Information Privacy Act 2009 as if the provider were the department, specifically chapter 2 parts 1 and 2 (sections 13 and 29). This makes the department’s privacy standards applicable to funded providers and their handling of client information, which interacts with the regulation’s reporting demands, for example requests for “non-identifying information about a client” (sections 19 and 35).
Contracts register operation and records. The chief executive must keep a contracts register (section 36), record particulars when a section contract is lodged (section 37), allow searches and certified copies for a fee (section 40), correct entries subject to no prejudice to purchasers (section 41), and exercise requisition powers to correct or obtain supporting documentation (section 42).
These concepts explain the regulatory architecture. The instrument ties funding, property-specific obligations, and administrative oversight together through the vehicle of funding agreements and the chief executive’s powers.
Who it affects
This regulation affects, in different ways, several distinct groups. The text itself identifies the following principal categories:
Funded providers, generally. The bulk of parts 2 and 3 target “a funded provider” that “receives funding to provide a housing service.” For most duties, the treated entity is any funded provider other than BTR and HIF providers, see part 2 heading and section 5. Those providers are subject to obligations about use of funding and receipts (section 7), returning unspent receipts (sections 8 and 9), preparing financial statements for ancillary services (section 11), maintaining asset management plans for each funded property (section 12), complying with privacy principles (section 13), implementing eligibility and allocations policies for social housing if they receive funding for social housing (sections 14 and 15), keeping eligibility policies for ancillary services (section 16), maintaining rent policies for residential housing (section 17), and providing information on request (sections 18 and 19).
BTR providers and HIF providers. Part 3 applies specifically to BTR providers and HIF providers, as defined in section 20. They are subject to parallel but sometimes different rules. For example, section 26 restricts HIF providers from using funded property as security unless the chief executive gives approval. HIF and BTR providers must comply with privacy obligations (section 29), maintain eligibility policies and allocations policies for social housing if applicable (sections 30 and 31), and maintain rent policies (section 33). Section 23 notes that a BTR provider or HIF provider is an exempt provider under schedule 4 of the Act, which the regulation itself prescribes in section 55, expanding the categories of entities eligible for specific funding.
Registered providers and accommodation providers with special statuses. Some duties depend on registration. For example, section 10 (applying to funded providers other than BTR/HIF) says a funded provider must not use funded property as security unless “the funded provider is a registered provider; and the chief executive gives the funded provider written approval.” The registration status therefore matters for access to certain financial actions.
Tenants and clients of funded providers. The regulation imposes obligations that affect tenants indirectly. For example, rent policies must “provide for explaining the calculation of rent payments to the tenant” and “preventing the tenant from getting into serious arrears of rent” (section 17), and the regulation prescribes what constitutes “housing service information” for the Act, including occupant identity and income (section 50). The chief executive can request “non-identifying information about a client” (sections 19 and 35), which affects how client data will be handled.
The chief executive and departmental administration. The instrument gives the chief executive active administrative duties and discretionary powers. The chief executive must keep the contracts register (section 36), may require payments and information from providers (sections 8, 9, 18, 19, 34, 35), and may prescribe forms and approve registrable document forms (section 47). The chief executive also has discretion to approve transfers of assets, to impose conditions on written consents, and to correct register entries, all of which places operational responsibility on the department.
Parties dealing with section contracts. The contracts register provisions (parts 4 and schedule references) affect purchasers, purchasers’ personal representatives, beneficiaries, and anybody lodging documents that form part of a section contract. There are provisions for registering the death of a joint purchaser (section 43), registering a personal representative (section 44), transmission to a beneficiary under a will (section 45), and other dealings such as assignments and severances (section 46).
In summary, the regulation affects providers who receive State funding for housing services (with discrete pathways for BTR and HIF providers), tenants and clients indirectly via rules about rent and data, and the State administration which operates the contracts register and exercises enforcement and information powers.
Key duties and rights
The regulation creates a set of concrete duties for funded providers, duties for the chief executive, and some procedural rights for third parties. The following are the principal duties and rights stated or necessarily implied by the regulatory text:
Duties on funded providers (general and specific)
Use of funding and receipts in accordance with funding agreements, stated plainly in sections 7 and 25: “A funded provider must use the funding or receipts that the funded provider receives for a housing service in a way that complies with the funding agreement for the service.” This is a primary fiduciary-style duty to apply funds only as the funding agreement allows.
Return of unspent funds on notice, section 8: where a funding agreement requires spending receipts within a stated period and the provider has not spent them, “the chief executive may, by notice, require the funded provider to pay the amount to the chief executive,” and “The funded provider must pay the amount to the chief executive within 8 weeks after the day the funded provider receives the notice.” That creates a strict timing obligation following a notice.
Payment of accumulated unspent receipts, section 9: the chief executive may give a payment notice within 12 months after the end of a financial year requiring payment of an amount not more than the accumulated unspent receipts for the notice year, and the provider must pay within 8 weeks. The section also prescribes the calculation method for accumulated unspent receipts and an offset percentage where the funded property was not wholly acquired with receipts.
Restrictions on using funded property as security, sections 10 and 26: generally, a funded provider must not use funded property as security unless they are a registered provider and the chief executive gives written approval (section 10). For HIF providers, section 26 requires the chief executive’s written approval to use funded property as security, without the registered provider precondition.
Financial statements and reporting duties for ancillary services, sections 11 and 27: funded providers and HIF providers who receive funding for ancillary housing services must prepare annual financial statements for each financial year in which they receive funding, and must provide them on request to the chief executive.
Asset management plans, sections 12 and 28: a funded provider must keep and implement an asset management plan for each funded property, with the purpose of maintaining long term viability and appropriateness, and the plan must include financial strategies.
Eligibility, allocations and rent policy duties, sections 14 to 17 and 30 to 33: providers who are funded to provide social housing must implement the Social Housing Eligibility Criteria and Social Housing Allocations Policy (section 14), accept social housing applications in an approved form (section 15), and keep and implement eligibility policies for ancillary services (section 16). Providers with residential housing must keep and implement rent policies and retain rent calculation records for specified periods (section 17). BTR and HIF providers have corresponding duties, with the caveat that the period for keeping a tenant’s rent calculation records is “the period required under the funding agreement” (section 33).
Privacy compliance, sections 13 and 29: providers must “comply with the Information Privacy Act 2009, chapter 2, parts 1 and 2 as if the funded provider were the department.” That imports the department-level privacy rules into provider operations.
Duties on the chief executive and administrative rights
Information and payment notices: the chief executive may request information, require payments of unspent receipts, require provision of financial statements and asset management plans, and give notices and requisitions to correct or support documents (sections 8, 9, 11, 12, 18, 19, 34, 35, 42).
Contracts register operation, sections 36 to 41: the chief executive must keep the contracts register, may determine its form, must record particulars when a section contract is lodged (section 37), may correct the register if satisfied the correction will not prejudice a purchaser’s rights (section 41), and may require information and forms for registration (section 47).
Discretionary power to impose conditions and approve transfers of assets, section 54: where an accommodation provider disposes of relevant assets, the accommodation provider must consult with the chief executive and may transfer assets to the chief executive or to another registered provider with the chief executive’s written consent, and the chief executive “may impose a condition on a written consent given under this section if the chief executive considers the condition is reasonably necessary to protect the asset.”
Rights and procedural protections found in the text
Right to be paid certified copies and to search the register after paying fees, section 40: “After paying the fee stated in schedule 1, a person may search and get a copy of particulars about a section contract that are recorded in the contracts register, or a document that was lodged but not registered ... and have a copy ... certified by the chief executive.”
Right to correct the register with the chief executive’s power constrained by the requirement that corrections not prejudice a purchaser’s rights, section 41.
Right to apply for registration of certain dealings by lodging requests, section 46 lists the dealings the chief executive may register on request.
Procedural right to extension where the chief executive may extend the period to comply with a requisition under section 42.
Enforceable monetary recovery and debt mechanisms
Recovery of expenses as a debt, section 49: “The purchaser under the section contract must pay the chief executive the chief executive’s actual expenses of taking possession,” and “The chief executive may recover an amount mentioned in subsection (2) as a debt payable by the purchaser to the chief executive.”
Payment timing consequences: unpaid amounts required under sections 8 and 9 are payable within 8 weeks of notice, creating a timebound liability that can be enforced administratively and, if unpaid, recovered.
These duties and rights are expressed as statutory obligations in the regulation. The regulation does not itself include express criminal penalties or an administrative penalty schedule in the text as provided, but it does create enforceable payment and documentary obligations and grants the chief executive powers to refuse to deal with documents where requisitions and fees are not complied with, see section 42.
Penalties and enforcement
The regulation relies primarily on administrative enforcement mechanisms, monetary recovery and regulatory prohibitions rather than on descriptive penalty tables in the text. The text sets out several enforcement levers and pathways the chief executive may use to secure compliance:
Monetary recovery and debt
Payment notices and recovery of unspent funds. Sections 8 and 9 allow the chief executive to issue notices requiring repayment of unspent amounts or accumulated unspent receipts. Under section 8, once the notice is given, “The funded provider must pay the amount to the chief executive within 8 weeks after the day the funded provider receives the notice.” Section 9 likewise requires payment within 8 weeks after a payment notice. The regulation therefore creates an enforceable debt obligation that the chief executive may pursue by ordinary debt recovery mechanisms if unpaid, although the text does not prescribe enforcement method beyond stating the duty to pay.
Recovery of expenses as a debt. Section 49 provides a direct recovery pathway against a purchaser: “The purchaser under the section contract must pay the chief executive the chief executive’s actual expenses of taking possession,” and “The chief executive may recover an amount mentioned in subsection (2) as a debt payable by the purchaser to the chief executive.” This is the clearest text creating a recoverable debt.
Administrative refusals and document control
Refusal to deal where requisitions unmet. Section 42 allows the chief executive to requisition corrections or supporting documents for lodged materials, and if the person does not comply with the requisition and pay the applicable fee, “The chief executive may refuse to deal with the document until the person complies with the requisition; and pays the fee stated in schedule 1.” That refusal can materially impede a party’s ability to register a dealing.
Contracts register corrections and recording. The chief executive may correct the contracts register if satisfied the correction is correct and “the correction will not prejudice a purchaser’s rights” (section 41). The correction powers are administrative enforcement tools to maintain the public record. The chief executive must record the previous state, date and reason for any correction.
Discretionary written approvals and conditions
Use of funded property as security requires written approval in several contexts, see sections 10 and 26. This is an enforcement-through-licence approach. Non-authorised creation of security over funded property is effectively prohibited because it contravenes these express statutory bars. Section 54 further permits the chief executive to impose conditions on written consents where it considers the condition reasonably necessary to protect the asset.
The chief executive’s power to require information extends to financial information and non-identifying client information (sections 19 and 35), and providers must comply within the time specified in the notice. Failure to comply may expose a provider to consequences under the funding agreement and administrative measures under the department’s established oversight processes, although the regulation text stops short of listing specific fines or sanctions.
Procedural constraints and evidentiary consequences
Certified copies from the contracts register are “in a proceeding, evidence of the document” (section 40(4)). That means the register and certified copies have evidentiary force in litigation or administrative review, which supports enforcement action by the department or third parties.
The chief executive’s requisition may require statutory declarations or affidavits to verify supporting documents, creating a pathway to verify authenticity under oath, section 42(3).
Absence of express criminal penalties in the text
The regulation does not contain express criminal penalty provisions or fixed monetary penalty schedules in the sections provided, other than the recovery- as-debt powers. That does not eliminate the possibility of other sanctions arising under the Act to which this regulation is subordinate, or under funding agreements that include contractual remedies. The regulation itself, however, composes enforcement largely around notices, payment obligations, registration control, and the chief executive’s discretionary approvals and corrections.
In short, enforcement under the regulation is mainly administrative, using notices, document control, debt recovery and the chief executive’s discretion to approve or condition actions affecting funded property or register entries. Where the regulation prescribes timeframes, such as the 8 week payment period after a notice (sections 8 and 9), those timeframes are enforceable duties that create actionable debt obligations if breached.
How it interacts with other laws
The regulation explicitly references and imports obligations from a number of other statutes and policy instruments. The interaction is mechanical and prescriptive, and the instrument itself sets the scope of those connections:
References to the Act
The regulation frequently operates “for section X of the Act,” indicating it is a subordinate instrument made under the parent Act. Examples include section 4 “Ancillary housing services, Act, s 8,” section 5 “Housing services requirements,Act, s 33,” section 23 which mirrors section 33 for BTR/HIF, and sections 50, 51, 52, 53 and 54 which each say they are prescribing matters for the Act. The regulation therefore fleshes out details that give practical effect to statutory sections in the Act.
Information Privacy Act 2009
Sections 13 and 29 require funded providers and BTR/HIF providers respectively to “comply with the Information Privacy Act 2009, chapter 2, parts 1 and 2 as if the funded provider were the department.” That imports the department-level privacy obligations for the handling of personal information, including requirements about collection, storage, use and disclosure of personal information as set in the Information Privacy Act. Mechanically, this elevates providers to the same privacy standard as the department for the specified parts of that Act.
Residential Tenancies and Rooming Accommodation Act 2008
Section 50 adopts the terms “residential tenancy agreement” and “rooming accommodation agreement” “within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008,” for the purpose of prescribing what counts as housing service information. This connects tenancy definitions and tenancy constructs under the tenancy Act to how housing service information is captured and used under this regulation.
Public Records Act 2023
Section 40(2) uses the Public Records Act 2023 to limit access to documents that have been disposed of under that Act. In other words, documents disposed of lawfully under the Public Records Act are not available for searching under the contracts register.
Acts Interpretation Act 1954
Section 57 declares that sections 39 and 40 of the expired regulation are laws to which the Acts Interpretation Act 1954, section 20A applies. That is a transitional interpretative rule, indicating retention of specific prior provisions through the acts interpretation mechanism.
Supreme Court and grants of representation
Section 44 references practical probate procedure, by allowing the chief executive to register a person as a purchaser’s personal representative if they “have obtained a grant of representation for the purchaser and gives the chief executive the grant or a copy of the grant issued by the Supreme Court,” and provides alternative conditions where there is no grant. This links the contracts register regime to ordinary probate practice and court-issued grants.
Bank standard interest rates and major banks
Section 51 prescribes the method for declaring a standard interest rate for the Act by reference to “bank standard fixed interest rates” and “bank standard variable interest rates” charged by the major banks, which are defined by name and ACN in the regulation. The chief executive chooses a “chosen day” for calculation, which ties any statutory standard rate to prevailing market bank home loan rates for a specified day.
Public law and property law interfaces
The regulation’s restrictions on using funded property as security (sections 10 and 26), and the chief executive’s power to impose conditions on transfers of relevant assets (section 54), intersect with property law and secured transactions in practice. The regulation establishes statutory prohibitions and approval regimes that will affect property dealings, mortgages and transfers.
Funding agreements and contract law
Sections 6 and 24 make the regulation prevail over inconsistent terms in funding agreements. That creates a legal hierarchy where the regulation is superior to contractual terms to the extent of inconsistency, constraining contractual autonomy and imposing statutory minimums on funding agreements.
In short, the regulation operates as a subordinate instrument that integrates with privacy law, tenancy law, records law, probate procedure, banking market indicators, and the administrative law powers of the chief executive. Its provisions modify the legal consequences of funding agreements, property security arrangements and document registration, through specific cross-references and imported duties.
Amendment history
The instrument text provides limited internal evidence about its own history and transitional carryovers, rather than a chronological list of external amendments. From the text itself the following points are apparent:
Commencement. The regulation “commences on 1 September 2026,” stated in section 2. That is the operative start date for the regulation’s obligations.
Transitional link to expired Housing Regulation 2015. The regulation contains a built-in transitional architecture that references “the expired Housing Regulation 2015,” which the instrument labels “expired regulation” in section 56. Sections 57 to 60 implement transitional saving and continuity measures. For example, section 57 states: “Sections 39 and 40 of the expired regulation are declared to be laws to which the Acts Interpretation Act 1954, section 20A applies.” That preserves the effect of those prior provisions to the extent permitted by the Acts Interpretation Act mechanism.
Deferral of a new policy obligation. Section 58 expressly defers the requirement in section 14 of this new regulation to implement the Social Housing Eligibility Criteria and Social Housing Allocations Policy until 14 September 2026. Section 58(2) preserves the equivalent requirement from the expired regulation “from the commencement until 14 September 2026” for funded providers who receive funding to provide social housing. In practice this creates a temporary carryover of the old policy until the stated later date.
References to expired policies and regulations. Section 59 allows documents (including funding agreements) that refer to the Social Housing Eligibility Criteria or Allocations Policy under the expired regulation to be read as references to the corresponding chapters under the new regulation’s section 14 “if the context permits.” Section 60 provides the broader rule that a reference to the expired regulation in a document may be taken to be a reference to the new regulation, if the context permits. Those two provisions are practical transitional drafting devices intended to avoid the need to immediately update every existing document.
Specified dates for transitional period in relation to particular entities. Section 53 prescribes the day for the Act’s definition of “transitional period” for particular accommodation providers. It lists a set of named “relevant entities” and prescribes 30 June 2019 as the date for those entities, while prescribing 31 December 2018 for any other accommodation provider. That is a retrospective prescription dating transitional treatment for particular historical purposes.
No internal amendment schedule or previous versions are included in the text provided. The instrument itself does not contain a schedule of past amendments or a version history. The transitional sections are the only parts that speak to historical treatment, and they effect limited carryover from the expired regulation and the dates described.
Because the text does not include an amendment ledger, external sources such as the legislative register, published government notices or the official instruments list would normally be required to produce a full amendment history. Within the terms of the provided document, the transitional provisions and the commencement date are the only explicit historical markers.
Litigation history
The regulation document does not contain any case law citations, annotated judicial history or explicit references to litigation. There are no sections that cite court decisions, and no marginal notes or schedules that record challenges, stay orders, or anything resembling a litigation history.
Concretely, within the text provided:
No court judgments or appeals are mentioned.
There are no statutory references to judicial review remedies or specific litigation outcomes.
The only provisions that intersect with courts are procedural, for example a requirement to supply a Supreme Court grant of representation in section 44(3)(a), which presumes ordinary probate processes but does not reference any cases.
From the instrument alone, one must therefore conclude that no litigation history is recorded in the regulation text. If any judicial interpretation or litigation relating to the regulation exists, it is not set out in this instrument and would need to be located in external case law databases, government legal bulletins or court registries. The text provides the statutory mechanics that courts might, in the future, interpret or review, including evidentiary import of certified copies from the contracts register (section 40(4)), and administrative discretions that could attract judicial review, such as the chief executive’s power to correct the register (section 41), to refuse to deal with documents (section 42), or to impose conditions on consents under section 54. These administrative discretions are the sorts of powers that in other contexts have been subject to judicial review on procedural fairness or reasonableness grounds, but the regulation itself contains no litigation record.
Gotchas
The regulation contains several drafting choices and technical obligations that can produce practical traps or points that require careful operational attention. These are matters a practitioner or compliance officer should note, grounded in the text:
Funding agreement supremacy, and voiding inconsistent contractual terms. Sections 6 and 24 state “the provision prevails; and the term is void to the extent of the inconsistency.” Practically, that means contractual drafting will not be allowed to displace regulatory duties. A funding agreement clause that conflicts with these regulation provisions will be void to that extent. This can be a gotcha for funders and providers who assume bilateral contract terms govern; the regulation can override.
Tight payment windows after notices. Sections 8 and 9 require payment “within 8 weeks after the day the funded provider receives the notice” or payment notice. That is a strict statutory payment timetable, not a guideline. Missing this 8 week deadline will create an unpaid statutory obligation and could lead to department recovery action.
Accumulated unspent receipts calculation complexity, and offset percentage. Section 9 defines “accumulated unspent receipts” as receipts amount less the spent amount and repaid amount, and mandates reducing the accumulated unspent receipts by an offset percentage when the funded property was not wholly acquired with receipts. The definition of offset percentage and the example in section 9 require providers to keep precise records of sources of funds, to calculate proportionate offsets, and to track “repaid amount” and “spent amount” with supporting documentation. A compliance failure here can create a material repayment obligation.
Different security rules for different provider types. For funded providers other than BTR/HIF, section 10 requires both registration as a provider and written chief executive approval to use funded property as security. For HIF providers, section 26 requires only the chief executive’s written approval, not the registered provider precondition. The difference is subtle but material for finance teams structuring security arrangements.
Privacy obligations imported at department level. Sections 13 and 29 make providers subject to parts of the Information Privacy Act “as if the funded provider were the department.” This elevates privacy compliance expectations, potentially triggering obligations such as privacy impact assessments, strict handling of personal information, and formal disclosure controls. Providers must align their privacy policies and practices to departmental standards, not just ordinary commercial privacy practice.
Approved forms, and chief executive discretion to accept non-approved forms. Sections 15, 18, 37, 40 and 47 reference “approved form” and give the chief executive discretion to accept or require the approved form, or to accept otherwise in appropriate circumstances. The chief executive’s discretion means that nonstandard forms may be accepted, but providers should not rely on informal acceptance because section 42 allows the chief executive to requisition documents and refuse to deal with them until corrected and fees paid.
Evidentiary weight of certified copies. Section 40(4) states that “A copy of a document that purports to have been certified by the chief executive is, in a proceeding, evidence of the document.” Certified register copies therefore carry evidentiary significance in disputes, and inaccuracies in the register may have important litigation consequences; section 41 allows corrections, but only where the correction will not prejudice a purchaser’s rights.
Transitional deferral for social housing policy. Section 58 defers the requirement to implement the Social Housing Eligibility Criteria and Social Housing Allocations Policy until 14 September 2026. Providers must note the temporary continuity (the expired regulation’s section 14 continues to apply until that date) and the different dates to avoid premature policy changes.
Specific names and ACNs in the interest rate policy. Section 51 defines “major banks” by name and ACN, including an ACN that appears non-standard in the text for Commonwealth Bank. The regulation links statutory interest rate declarations to bank home loan rates on a chosen day. Practitioners should confirm the bank names and ACNs used operationally, because the regulation ties a statutory standard rate to market rates of those defined banking entities.
No explicit penalty schedule in the text. The regulation does not list fixed fines or criminal offences in the provided sections. Compliance consequences appear to be administrative notices, debt recovery and register control. That can be a trap for those who assume specific penalty amounts are stated. Enforcement will be exercised through the chief executive’s notices, recovery powers, and contractual remedies available under funding agreements.
Narrow timelines for the chief executive’s payment notices. Section 9 requires the chief executive to give payment notices “within 12 months after the end of a financial year” for the notice year. If the chief executive misses that window, the statutory power to issue a payment notice for that notice year may be lost, potentially affecting recoverability.
Interplay with probate and personal representatives. Sections 44 and 45 bring probate procedural requirements into the contracts register regime. For example, the chief executive may register a personal representative without a grant of representation where certain conditions are satisfied, and a person registered without a grant “has the same interest ... as if the person had a grant of representation.” There are consequential duties upon the registered person if a different grantee later obtains representation, see section 44(6).
Each of these points is grounded in the text, and operational compliance responses should take them into account.
How to comply
The regulation imposes a number of discrete, documentable compliance tasks. The following checklist translates the regulatory text into concrete tasks and records that funded providers and related parties will need to maintain, with precise cross-references to the regulation where relevant. This is legal information only and not advice.
Administrative and governance tasks
Identify whether you are a funded provider under part 2, a BTR provider or an HIF provider under part 3, and which sections apply to your organisation, see sections 5 and 23, and definitions in section 20.
Confirm registration status if you intend to use funded property as security, because section 10 requires a funded provider to be a “registered provider” before the chief executive may give approval. HIF providers must obtain the chief executive’s written approval under section 26.
Maintain an internal register mapping each funded property to the relevant funding agreement, so you can calculate and report accumulated unspent receipts, spent amounts and repaid amounts as defined in section 9.
Financial management and record keeping
Use funding and receipts only as allowed by the funding agreement, per sections 7 and 25.
Keep precise receipts records, distinguishing funding from receipts other than funding as required in the definitions in section 9. Track the “receipts amount,” “spent amount” and “repaid amount” for each notice year, with evidence of how each amount was applied.
Where a funded property was not wholly acquired using receipts, calculate and retain documentation for the offset percentage as required by section 9, including the supporting allocation of the provider’s own money.
Be ready to pay amounts required under a notice within 8 weeks, per sections 8 and 9. Establish cash management procedures to accommodate this statutory timing.
Prepare annual financial statements for any year in which your organisation receives funding for an ancillary housing service, and provide them to the chief executive on request, per sections 11 and 27. If established under an Act, produce the form required by that Act.
Asset and tenancy management
Maintain and implement an asset management plan for each funded property, ensure the plan’s stated purpose matches section 12 or 28, and include financial strategies for implementation. Keep a copy available to provide to the chief executive on request.
Keep rent policies for residential housing as required by sections 17 and 33, ensure they state the criteria and procedures for setting, calculating and collecting rent, managing arrears and explaining calculations to tenants, and that they comply with the funding agreement.
If a tenant pays rent, retain records of the rent calculation for the period specified in section 17(4), or for the period required under the funding agreement for BTR/HIF tenants per section 33(4). Ensure the rent calculation record retention period is built into record retention policy.
Eligibility, allocations and application processes
For social housing services, implement the Social Housing Eligibility Criteria and Social Housing Allocations Policy as required under section 14, noting the deferral for implementation until 14 September 2026 in section 58. Until that date, the expired regulation’s equivalent may continue to apply for some providers.
Keep eligibility and allocations policies for ancillary and social housing services, ensure these policies “state the criteria and procedures” and that they “comply with the funding agreement,” see sections 16, 30 and 31.
Only accept applications for social housing in the approved form, and if you are not an approved funded provider, forward the application promptly to the chief executive or an approved funded provider, per section 15. Maintain procedures for identifying whether you are an approved funded provider.
Privacy and client information
Implement privacy policies and procedures that comply with Information Privacy Act 2009 chapter 2 parts 1 and 2, because sections 13 and 29 require providers to comply “as if the funded provider were the department.” Map privacy responsibilities, data flows, and retention schedules accordingly.
Prepare to supply “non-identifying information about a client,” as the chief executive may request it under sections 19 and 35, and ensure de-identification processes are robust and documented.
Contracts register and document lodgement
Be aware of the contracts register obligations and the particulars the chief executive will record when a section contract is lodged, section 37. Retain copies of all documentation that might be lodged and develop internal standards for responding to requisitions under section 42, including statutory declaration or affidavit verification where required.
Budget for fees listed in schedule 1 to access searches under section 40, and prepare to request certified copies if needed, recognising certified copies are evidence in proceedings per section 40(4).
If you need the chief executive to register a dealing such as a power of attorney, assignment or severance, ensure requests are in writing and in any approved form under section 46, and be ready to comply with requisitions.
Transfers and disposal of assets
Before transferring or disposing of relevant assets, consult the chief executive, as required by section 54(2). If seeking to transfer to a registered provider, or otherwise, obtain the chief executive’s written consent and prepare for conditions that may be imposed under section 54(5).
If the relevant asset is non-lease relevant property, consider the option to dispose by paying the value of the chief executive’s interest to the department, per section 54(4).
Operational checklists and internal controls
Implement an internal control checklist that includes: fund utilisation reviews against the funding agreement, quarterly reconciliation of receipts and spent amounts, legal review of any security or encumbrance over funded property, annual review of asset management plans, and periodic privacy audits aligned to the Information Privacy Act obligations.
Set up a response protocol for chief executive notices, including a 7 business day operational escalation to ensure the 8 week payment window is met and to collect necessary information for any payment notices or requisitions.
Documentation and evidentiary readiness
Maintain contemporaneous records that support expenditures under a funding agreement, in case of payment notices and audits. Keep copies of approvals and written consents from the chief executive for security uses, transfers, or non-standard registrable document forms. Where a document is lodged with the contracts register, note that it “forms part of the contracts register when the document is lodged” (section 39(1)), and that it is “registered when particulars about the document are recorded” (section 39(1)(b)).
Finally, ensure policies implement consistent and fair procedures, as multiple sections require that policies be implemented “consistently and fairly” (sections 16, 17, 30, 31, 32). That language is a compliance standard embedded in the regulation.
This checklist is a practical translation of the regulatory obligations. It is not legal advice.
This is general legal information, not legal advice. I can make mistakes. Before you act on this, rely on it, or use any draft or compliance plan, get a qualified Australian lawyer to check it.
Part pt.2Housing services requirements—funded providers other than BTR providers and HIF providers
This section applies if—
a funding agreement with a funded provider is in effect; and
the funded provider—
is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and
has not spent the amount before the end of the period.
The chief executive may, by notice, require the funded provider to pay the amount to the chief executive.
The funded provider must pay the amount to the chief executive within 8 weeks after the day the funded provider receives the notice.
(sec.8-ssec.1) This section applies if— a funding agreement with a funded provider is in effect; and the funded provider— is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and has not spent the amount before the end of the period.
(sec.8-ssec.2) The chief executive may, by notice, require the funded provider to pay the amount to the chief executive.
(sec.8-ssec.3) The funded provider must pay the amount to the chief executive within 8 weeks after the day the funded provider receives the notice.
(a) a funding agreement with a funded provider is in effect; and
(b) the funded provider— (i) is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and (ii) has not spent the amount before the end of the period.
(i) is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and
(ii) has not spent the amount before the end of the period.
(i) is required, under the funding agreement, to spend an amount consisting of receipts for a housing service within a stated period; and
(ii) has not spent the amount before the end of the period.
sec.9 Returning accumulated unspent receipts
sec.9 Returning accumulated unspent receipts
This section applies if—
a funding agreement with a funded provider is in effect; and
the funding agreement relates to a funded property; and
the funded provider is not required, under the funding agreement, to pay the chief executive amounts, consisting of receipts for a housing service, that the funded provider has not spent, either—
while the funding agreement is in effect; or
when the funding agreement ends.
The chief executive may, by notice (a payment notice ) given within 12 months after the end of a financial year (the notice year ), require the funded provider to pay the chief executive an amount that is not more than the accumulated unspent receipts for the notice year.
If the funded property to which the funding agreement relates was not acquired, constructed or improved wholly using receipts for a housing service, the amount of the accumulated unspent receipts must be reduced by the offset percentage for the funded property.
The funded provider must pay the amount stated in the payment notice to the chief executive within 8 weeks after the day the funded provider receives the notice.
In this section—
accumulated unspent receipts , for a notice year, means an amount equal to the receipts amount less—
the spent amount; and
the repaid amount.
offset percentage , for a funded property, means the amount of money other than receipts that is used to acquire, construct or improve the funded property, expressed as a percentage of the total cost of acquiring, constructing or improving the funded property.
A funding provider acquires a funded property for $1,000,000, using $750,000 of receipts and $250,000 of the provider’s own money. The offset percentage is 25%.
receipts amount means the amount of receipts, other than funding, for the housing service received by the funded provider, as at the end of the notice year.
repaid amount means the amount of receipts, other than funding, the funded provider has paid to the chief executive as at the end of the notice year.
spent amount means the amount of receipts, other than funding—
the funded provider has spent, as allowed under the funding agreement, as at the end of the notice year; or
the funded provider has retained, with the written approval of the chief executive, as at the end of the notice year.
(sec.9-ssec.1) This section applies if— a funding agreement with a funded provider is in effect; and the funding agreement relates to a funded property; and the funded provider is not required, under the funding agreement, to pay the chief executive amounts, consisting of receipts for a housing service, that the funded provider has not spent, either— while the funding agreement is in effect; or when the funding agreement ends.
(sec.9-ssec.2) The chief executive may, by notice (a payment notice ) given within 12 months after the end of a financial year (the notice year ), require the funded provider to pay the chief executive an amount that is not more than the accumulated unspent receipts for the notice year.
(sec.9-ssec.3) If the funded property to which the funding agreement relates was not acquired, constructed or improved wholly using receipts for a housing service, the amount of the accumulated unspent receipts must be reduced by the offset percentage for the funded property.
(sec.9-ssec.4) The funded provider must pay the amount stated in the payment notice to the chief executive within 8 weeks after the day the funded provider receives the notice.
(sec.9-ssec.5) In this section— accumulated unspent receipts , for a notice year, means an amount equal to the receipts amount less— the spent amount; and the repaid amount. offset percentage , for a funded property, means the amount of money other than receipts that is used to acquire, construct or improve the funded property, expressed as a percentage of the total cost of acquiring, constructing or improving the funded property. A funding provider acquires a funded property for $1,000,000, using $750,000 of receipts and $250,000 of the provider’s own money. The offset percentage is 25%. receipts amount means the amount of receipts, other than funding, for the housing service received by the funded provider, as at the end of the notice year. repaid amount means the amount of receipts, other than funding, the funded provider has paid to the chief executive as at the end of the notice year. spent amount means the amount of receipts, other than funding— the funded provider has spent, as allowed under the funding agreement, as at the end of the notice year; or the funded provider has retained, with the written approval of the chief executive, as at the end of the notice year.
(a) a funding agreement with a funded provider is in effect; and
(b) the funding agreement relates to a funded property; and
(c) the funded provider is not required, under the funding agreement, to pay the chief executive amounts, consisting of receipts for a housing service, that the funded provider has not spent, either— (i) while the funding agreement is in effect; or (ii) when the funding agreement ends.
(i) while the funding agreement is in effect; or
(ii) when the funding agreement ends.
(i) while the funding agreement is in effect; or
(ii) when the funding agreement ends.
(a) the spent amount; and
(b) the repaid amount.
(a) the funded provider has spent, as allowed under the funding agreement, as at the end of the notice year; or
(b) the funded provider has retained, with the written approval of the chief executive, as at the end of the notice year.
sec.10 Using funded property as security
sec.10 Using funded property as security
A funded provider must not use funded property as security for a loan unless—
the funded provider is a registered provider; and
the chief executive gives the funded provider written approval to use the funded property as security for the loan.
(a) the funded provider is a registered provider; and
(b) the chief executive gives the funded provider written approval to use the funded property as security for the loan.
sec.11 Financial statements for ancillary housing service
sec.11 Financial statements for ancillary housing service
This section applies to a funded provider that receives funding for an ancillary housing service.
The funded provider must prepare annual financial statements for each financial year in which the funded provider receives the funding.
If the funded provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act .
If the chief executive requests a copy of the annual financial statements, the funded provider must comply with the request.
The funded provider must comply with this section even if the funded provider—
does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or
stops providing the ancillary housing service before complying with this section.
(sec.11-ssec.1) This section applies to a funded provider that receives funding for an ancillary housing service.
(sec.11-ssec.2) The funded provider must prepare annual financial statements for each financial year in which the funded provider receives the funding.
(sec.11-ssec.3) If the funded provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act .
(sec.11-ssec.4) If the chief executive requests a copy of the annual financial statements, the funded provider must comply with the request.
(sec.11-ssec.5) The funded provider must comply with this section even if the funded provider— does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or stops providing the ancillary housing service before complying with this section.
(a) does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or
(b) stops providing the ancillary housing service before complying with this section.
sec.12 Asset management plans
sec.12 Asset management plans
A funded provider must keep, and implement, a management plan (an asset management plan ) for each of the provider’s funded properties.
The purpose of an asset management plan is—
to maintain the long-term viability, and value, of the funded property; and
to ensure the funded property is appropriate for—
the type of housing service the funded provider provides; and
the needs of people using the housing service; and
the circumstances in which the funded provider provides the housing service.
An asset management plan must include financial strategies for the plan’s implementation.
If the chief executive requests a copy of an asset management plan, the funded provider must comply with the request.
(sec.12-ssec.1) A funded provider must keep, and implement, a management plan (an asset management plan ) for each of the provider’s funded properties.
(sec.12-ssec.2) The purpose of an asset management plan is— to maintain the long-term viability, and value, of the funded property; and to ensure the funded property is appropriate for— the type of housing service the funded provider provides; and the needs of people using the housing service; and the circumstances in which the funded provider provides the housing service.
(sec.12-ssec.3) An asset management plan must include financial strategies for the plan’s implementation.
(sec.12-ssec.4) If the chief executive requests a copy of an asset management plan, the funded provider must comply with the request.
(a) to maintain the long-term viability, and value, of the funded property; and
(b) to ensure the funded property is appropriate for— (i) the type of housing service the funded provider provides; and (ii) the needs of people using the housing service; and (iii) the circumstances in which the funded provider provides the housing service.
(i) the type of housing service the funded provider provides; and
(ii) the needs of people using the housing service; and
(iii) the circumstances in which the funded provider provides the housing service.
(i) the type of housing service the funded provider provides; and
(ii) the needs of people using the housing service; and
(iii) the circumstances in which the funded provider provides the housing service.
pt.2-div.3 Governance and service delivery
Governance and service delivery
sec.13 Compliance with Queensland privacy principles
sec.13 Compliance with Queensland privacy principles
A funded provider must comply with the Information Privacy Act 2009 , chapter 2 , parts 1 and 2 as if the funded provider were the department.
sec.14 Eligibility assessment and allocations policy—social housing service
sec.14 Eligibility assessment and allocations policy—social housing service
This section applies to a funded provider that receives funding to provide a social housing service.
The funded provider must implement—
if assessing a person’s eligibility to receive or continue to receive the service—the Social Housing Eligibility Criteria; and
if allocating the service—the Social Housing Allocations Policy.
In this section—
Social Housing Allocations Policy means the chapter of that name in the Social Housing Policy published on the department’s website.
Social Housing Eligibility Criteria means the chapter of that name in the Social Housing Policy published on the department’s website.
(sec.14-ssec.1) This section applies to a funded provider that receives funding to provide a social housing service.
(sec.14-ssec.2) The funded provider must implement— if assessing a person’s eligibility to receive or continue to receive the service—the Socia
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