NORTHERN TERRITORY OF AUSTRALIA
HOUSING REGULATIONS 1983
As in force at 5 April 2024
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
3A Disqualifying offence ....................................................................... 1
3B Housing schemes prescribed .......................................................... 2
Part 2 Social housing scheme
Division 1 Meaning of social housing scheme
3C Scheme ........................................................................................... 2
Division 2 Leases granted by Chief Executive Officer
(Housing)
4 Powers of Chief Executive Officer (Housing) to let dwellings .......... 2
5 Rebates of rent ................................................................................ 3
Division 3 Agreements with, and leases granted by,
community housing providers
5A Agreement with community housing provider .................................. 3
5B Power of community housing provider to let premises .................... 4
5C Concurrent leases ........................................................................... 4
Part 3 Scheme for provision of housing for
approved persons and their employees
6 Definition.......................................................................................... 5
7 Acquisition, sale and letting of dwellings ......................................... 6
8 Rent of dwellings let to Commonwealth, public authorities or
their employees ............................................................................... 6
9 Sale price......................................................................................... 6
10 Chief Executive Officer (Housing) as agent for approved
person ............................................................................................. 6
11 Assistance to charitable bodies ....................................................... 7
Housing Regulations 1983 ii
Part 4 Miscellaneous matters
12 Building for private person ............................................................... 7
13 Contents of seizure receipt .............................................................. 7
Part 5 Infringement notice offences
14 Infringement notice offence and prescribed amount payable .......... 8
15 When infringement notice may be given .......................................... 8
16 Contents of infringement notice ....................................................... 8
17 Payment by cheque ......................................................................... 9
18 Withdrawal of infringement notice.................................................... 9
19 Application of Part ........................................................................... 9
Schedule 1 Disqualifying offence
Schedule 2 Infringement notice offences and
prescribed amounts
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 5 April 2024
HOUSING REGULATIONS 1983
Regulations under the Housing Act 1982
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Housing Regulations 1983.
2 Commencement
These Regulations shall come into operation on the
commencement of the Housing Act 1982.
3 Definitions
In these Regulations:
infringement notice, see regulation 15.
infringement notice offence, see regulation 14(1).
prescribed amount, see regulation 14(2).
3A Disqualifying offence
(1) For the definition disqualifying offence in section 5 of the Act,
each of the following is a disqualifying offence:
(a) an offence specified in Schedule 1;
(b) an offence under a law of a foreign jurisdiction that, if it had
been committed in the Territory, would have constituted an
offence of a kind mentioned in paragraph (a);
(c) any other offence, whether committed in the Territory or a
foreign jurisdiction, for which the offender was sentenced to a
term of imprisonment, whether or not the imprisonment was
suspended in whole or in part.
Part 2 Social housing scheme
Division 2 Leases granted by Chief Executive Officer (Housing)
Housing Regulations 1983 2
(2) In this regulation:
foreign jurisdiction means a jurisdiction other than the Territory,
including a jurisdiction outside Australia.
3B Housing schemes prescribed
For section 22 of the Act, the following housing schemes are
prescribed:
(a) the social housing scheme set out in Part 2;
(b) the scheme for provision of housing for approved persons and
their employees set out in Part 3.
Part 2 Social housing scheme
Division 1 Meaning of social housing scheme
3C Scheme
The social housing scheme is the scheme by which:
(a) eligible persons and others are granted leases of dwellings by
the Chief Executive Officer (Housing) or the Territory in
accordance with Division 2; and
(b) the Chief Executive Officer (Housing) or the Territory
facilitates the provision of housing to eligible persons and
others by community housing providers, and eligible persons
and others are granted leases of premises by community
housing providers, in accordance with Division 3.
Division 2 Leases granted by Chief Executive Officer
(Housing)
4 Powers of Chief Executive Officer (Housing) to let dwellings
(1) Subject to this regulation, the Chief Executive Officer (Housing)
may let a dwelling to an eligible person.
(2) A letting under subregulation (1) must be:
(a) subject to regulation 5, at the rent of the dwelling determined
under section 23 of the Act for that dwelling; and
(b) in accordance with these Regulations, the Residential
Tenancies Act 1999 and any conditions that the Chief
Executive Officer (Housing) thinks fit.
Part 2 Social housing scheme
Division 3 Agreements with, and leases granted by, community housing providers
Housing Regulations 1983 3
(3) The Chief Executive Officer (Housing) may, in letting a dwelling
under subregulation (1), give preference to an eligible person who,
in its opinion:
(a) is occupying an insanitary or overcrowded dwelling-place; or
(b) is living under unsatisfactory housing conditions; or
(c) is homeless.
(4) The Chief Executive Officer (Housing) must not let a dwelling under
this regulation to a person unless the Chief Executive Officer
(Housing) is satisfied that the person intends to use the dwelling as
a home for the person or the person's dependants and for no other
purpose.
(5) Subject to subregulation (4), with the written consent of the
Minister, the Chief Executive Officer (Housing) may, for a period not
exceeding 6 months, let a dwelling to a person who is not an
eligible person but who has been displaced from a dwelling-place
by process of law and who, in its opinion:
(a) is occupying an insanitary or overcrowded dwelling-place; or
(b) is living under unsatisfactory housing conditions; or
(c) is homeless.
5 Rebates of rent
The Chief Executive Officer (Housing) may, in its discretion, grant a
rebate of the whole of the rent payable in respect of a dwelling by
an eligible person, or of such portion of that rent as it thinks fit, and
for such period as it thinks fit.
Division 3 Agreements with, and leases granted by,
community housing providers
5A Agreement with community housing provider
(1) The Chief Executive Officer (Housing) or the Territory may do any
of the following to facilitate the provision of housing to eligible
persons and others by a community housing provider:
(a) grant to the provider a lease of vacant premises;
(b) grant to the provider a concurrent lease of premises that are
let under Division 2;
Part 2 Social housing scheme
Division 3 Agreements with, and leases granted by, community housing providers
Housing Regulations 1983 4
(c) enter into an agreement with the provider in relation to:
(i) funding, the transfer of assets or another type of
assistance or service related to the provision of housing
to eligible persons and others by the provider; or
(ii) premises owned or leased by the provider.
(2) A lease or agreement mentioned in subregulation (1) may contain
any conditions that the Chief Executive Officer (Housing) or the
Territory considers appropriate.
(3) This regulation does not limit any other power the Chief Executive
Officer (Housing) or the Territory may have to enter into a lease,
concurrent lease or other agreement, including entering into a
lease, concurrent lease or other agreement with a community
housing provider.
5B Power of community housing provider to let premises
(1) This regulation applies in relation to premises that are the subject of
a lease, concurrent lease or other agreement between the Chief
Executive Officer (Housing) and a community housing provider.
(2) The premises must be let by the community housing provider:
(a) subject to subregulation (3), at the rent of the premises
determined under section 23 of the Act for those premises;
and
(b) on terms that are in accordance with these Regulations and
the Residential Tenancies Act 1999.
(3) If the lease, concurrent lease or other agreement requires the
community housing provider to grant a rebate of the whole or a
portion of the rent payable by a tenant in relation to the premises,
the provider must do so in accordance with the lease, concurrent
lease or other agreement.
5C Concurrent leases
(1) This regulation applies in relation to premises that are let under
Division 2 if the Chief Executive Officer (Housing) grants a
concurrent lease of the premises to a community housing provider.
(2) On the commencement of the concurrent lease:
(a) any rent payable after the commencement by a tenant of the
premises becomes payable to the community housing
provider and not to the Chief Executive Officer (Housing); and
Part 3 Scheme for provision of housing for approved persons and their employees
Housing Regulations 1983 5
(b) any rent in arrears that was payable before the
commencement of the concurrent lease, does not become
payable to the provider unless otherwise agreed between the
Chief Executive Officer (Housing) and the provider; and
(c) the premises cease to be public housing premises.
(3) The Chief Executive Officer (Housing) must not provide any
personal information or health information about a tenant of the
premises to the community housing provider unless satisfied the
provider has procedures in place to protect the information from
misuse and loss and from unauthorised access, modification or
disclosure.
(4) To avoid doubt, the consent of a tenant is not required in order for
the Chief Executive Officer (Housing) to enter into a concurrent
lease or to provide the tenant's personal information or health
information as mentioned in subregulation (3).
(5) In this regulation:
health information, see section 4 of the Information Act 2002.
personal information, see section 4 of the Information Act 2002.
Part 3 Scheme for provision of housing for approved
persons and their employees
6 Definition
In this Part:
approved person means:
(a) the Territory or the Commonwealth; or
(b) an authority or body constituted by or under a law of the
Territory or the Commonwealth; or
(c) an individual, partnership, company, co-operative trading
society or association engaged in:
(i) commercial or industrial business activities; or
(ii) activities of defence significance;
in the Territory and approved by the Minister for this Part after
considering the recommendation of the Chief Executive
Officer (Housing); or
Part 3 Scheme for provision of housing for approved persons and their employees
Housing Regulations 1983 6
(d) a body (other than a body mentioned in paragraph (e))
approved by the Minister and taken to be registered in the
Territory under section 119A of the Corporations Act 2001; or
(e) a body approved by the Minister that, in the opinion of the
Minister, carries out or promotes in the Territory services and
programmes for the benefit of the community.
7 Acquisition, sale and letting of dwellings
(1) Subject to this Part, the Chief Executive Officer (Housing) may
acquire a dwelling and let or sell it to an approved person or to an
employee of an approved person upon such terms and conditions
as are:
(a) agreed upon between the Chief Executive Officer (Housing)
and the approved person or the employee, as the case may
be; and
(b) if the dwelling is to be let or sold to a person mentioned in
regulation 6(c) or to the employee of such a person - approved
by the Minister.
(2) Where the Chief Executive Officer (Housing) lets or sells under
subregulation (1) a dwelling, the terms and conditions mentioned in
that subregulation apply to and in relation to the letting or selling
whether or not the person to whom the dwelling is let or sold is an
approved person.
8 Rent of dwellings let to Commonwealth, public authorities or
their employees
The rent for a dwelling let under regulation 7 to a person mentioned
in regulation 6(a) or (b), or to the employee of such a person, must
be at the rent determined under section 23 of the Act for that
dwelling.
9 Sale price
Subject to section 35 of the Act, the price at which a dwelling must
be sold under regulation 7 is the market value of the dwelling.
10 Chief Executive Officer (Housing) as agent for approved
person
For the purposes of assisting an approved person to obtain, at the
person's own expense, housing for the person's employees, the
Chief Executive Officer (Housing) may, with the approval of the
Minister and with the consent and at the expense of the person, act
as the agent of the person in arranging for the construction or
Part 4 Miscellaneous matters
Housing Regulations 1983 7
purchase of the housing and, without limiting the generality of the
foregoing, may:
(a) conduct negotiations; and
(b) enter into contracts;
on behalf of the person.
11 Assistance to charitable bodies
In addition to the assistance otherwise available under these
Regulations to a body mentioned in regulation 6(e), the Chief
Executive Officer (Housing) may, with the approval of the Minister
and on such terms and conditions as the Minister, after consultation
with the Chief Executive Officer (Housing), approves:
(a) acquire a building and let or sell it to that body; or
(b) assist or act as agent in the manner described in regulation 10
in connection with the obtaining of a building;
for use by that body, otherwise than as a residence, for or in
connection with its day-to-day activities.
Part 4 Miscellaneous matters
12 Building for private person
The Chief Executive Officer (Housing) may enter into a contract
with a private person who is the holder of land, whether freehold or
leasehold, for the building of a dwelling on that land, on such terms
as shall be agreed upon between the Chief Executive Officer
(Housing) and the private person.
13 Contents of seizure receipt
A receipt about the seizure of a seized item required to be issued
under section 28G(5) of the Act must contain the following
information:
(a) a description of the seized item;
(b) the date and time of the seizure;
(c) a statement to the effect that if the seized item is not retained
as evidence, it can be collected by its owner within 3 months
of the date of seizure;
Part 5 Infringement notice offences
Housing Regulations 1983 8
(d) the name and address of the place from which the seized item
can be collected;
(e) the name and signature of the public housing safety officer
issuing the receipt.
Part 5 Infringement notice offences
14 Infringement notice offence and prescribed amount payable
(1) An infringement notice offence is an offence against a provision
specified in Schedule 2.
(2) The prescribed amount for an infringement notice offence is the
amount equal to the monetary value of the number of penalty units
specified for the offence in Schedule 2.
15 When infringement notice may be given
If a public housing safety officer reasonably believes a person has
committed an infringement notice offence, the officer may give a
notice (an infringement notice) to the person.
16 Contents of infringement notice
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the Fines and Penalties
(Recovery) Act 2001, to whom the prescribed amount is
payable.
(2) The infringement notice must include a statement to the effect of
the following:
(a) the person may expiate the infringement notice offence and
avoid any further action in relation to the offence by paying the
prescribed amount to the specified enforcement agency within
28 days after the notice is given;
Part 5 Infringement notice offences
Housing Regulations 1983 9
(b) the person may elect under section 21 of the Fines and
Penalties (Recovery) Act 2001 to have the matter dealt with by
a court instead of under that Act by completing a statement of
election and giving it to the specified enforcement agency;
(c) if the person does nothing in response to the notice,
enforcement action may be taken under the Fines and
Penalties (Recovery) Act 2001, including (but not limited to)
action for the following:
(i) suspending the person's licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person's wages or salary;
(iv) registering a statutory charge on land owned by the
person;
(v) making a community work order for the person and
imprisonment of the person if the person breaches the
order.
(3) Also, the infringement notice must include an appropriate form for
making the statement of election mentioned in subregulation (2)(b).
17 Payment by cheque
If the person tenders a cheque in payment of the prescribed
amount, the amount is not taken to have been paid unless the
cheque is cleared on first presentation.
18 Withdrawal of infringement notice
(1) The CEO may withdraw the infringement notice by written notice
given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the
person; and
(b) before payment of the prescribed amount.
19 Application of Part
(1) This Part does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice has been given unless the offence is expiated.
Part 5 Infringement notice offences
Housing Regulations 1983 10
(2) Also, this Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice has not been given;
or
(c) prevent more than one infringement notice for the same
offence being given to a person.
(3) If more than one infringement notice for the same offence has been
given to a person, the person may expiate the offence by paying
the prescribed amount in accordance with any of the notices.
Schedule 1 Disqualifying offence
Housing Regulations 1983 11
Schedule 1 Disqualifying offence
regulation 3A
Part A – Criminal Code and Misuse of Drugs Act 1990
1 An indictable offence under the Criminal Code or Misuse of Drugs
Act 1990 (whether the charge of the offence is dealt with summarily or
on indictment).
2 An offence against section 71, 121, 125C or 188(1) of the Criminal
Code.
3 An offence against section 213(1) of the Criminal Code, as in force
immediately before the commencement of section 10 of the Criminal
Code Amendment (Property Offences) Act 2022.
4 An offence committed before the commencement of the Criminal Code
that would, if committed after that commencement, have constituted an
indictable offence under the Criminal Code or an offence mentioned in
item 2.
5 An offence committed before the commencement of the Misuse of
Drugs Act 1990 that would, if committed after that commencement,
have constituted an indictable offence under the Misuse of Drugs
Act 1990.
Part B – Firearms Act 1997
An offence against section 34(5), 39(2), 40(6), 42(2), 43(2), 58, 59, 62, 63,
67(1), 71, 77, 78, 82(1), 83, 84(1), 85, 86 or 89 of the Firearms Act 1997.
Part C – Weapons Control Act 2001
An offence against section 6, 7 or 8 of the Weapons Control Act 2001.
Part D – Summary Offences Act 1923
An offence against section 46A, 47, 47AA(1), 47AB, 47A, 47B(4), 49A(1), 50,
53, 55(1), 56, 60, 60A, 61(2), 68A(1), 69A or 69B of the Summary Offences
Act 1923.
Part E – Domestic and Family Violence Act 2007
An offence against section 120(1) of the Domestic and Family Violence
Act 2007.
Schedule 1 Disqualifying offence
Housing Regulations 1983 12
Part F – Commonwealth Law
An offence against a law of the Commonwealth the penalty for which is
imprisonment for 2 years or more.
Schedule 2 Infringement notice offences and prescribed amounts
Housing Regulations 1983 13
Schedule 2 Infringement notice offences and prescribed
amounts
regulation 14
Provision Prescribed amount in penalty units
section 28D(5) of Act 0.5
section 28E(4) of Act 0.5
ENDNOTES
Housing Regulations 1983 14
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Housing Regulations (SL No. 10, 1983)
Notified 25 March 1983
Commenced 15 April 1983 (r 2, s 2 Housing Act 1982 (Act No. 76, 1982)
and Gaz G5, 4 February 1983, p 3)
Amendment of the Housing Regulations (SL No. 36, 1985)
Notified 11 December 1985
Commenced 15 January 1986 (r 2, s 2 Housing Amendment Act 1984
(No. 48, 1984) and Gaz G2, 15 January 1986, p 8)
Amendment of Housing Regulations (SL No. 21, 1998)
Notified 1 July 1998
Commenced 1 July 1998
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date 29 June 2001
Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,
2001) and Cth Gaz S285, 13 July 2001)
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date 14 December 2005
Commenced 14 December 2005
Housing Amendment Regulations (SL No. 11, 2012)
Notified 28 March 2012
Commenced 28 March 2012
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
ENDNOTES
Housing Regulations 1983 15
Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (Gaz S34, 29 April 2016)
Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016)
Assent date 8 June 2016
Commenced s 17 (to ext ins new s 15): 10 October 2016;
rem: 18 July 2016 (Gaz S67, 18 July 2016)
Criminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022)
Assent date 31 October 2022
Commenced 30 April 2023 (Gaz G8, 13 April 2023, p 1)
Housing and Related Legislation Amendment Act 2024 (Act No. 3, 2024)
Assent date 14 March 2024
Commenced 5 April 2024 (Gaz S26, 3 April 2024)
Housing Amendment Regulations 2024 (SL No. 3, 2024)
Date made 27 March 2024
Commenced 5 April 2024 (r 2, s 2 Housing and Related Legislation
Amendment Act 2024 (Act No. 3, 2024) and Gaz S26,
3 April 2024)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 16 and Sch 1.
4 LIST OF AMENDMENTS
pt 1 hdg amd No. 11, 2012, r 6
r 3 amd No. 21, 1998, r 2
sub No. 11, 2012, r 3
amd Act No. 3, 2024, s 15
r 3A ins No. 11, 2012, r 3
r 3B ins No. 3, 2024, r 4
pt 2 hdg amd No. 11, 2012, r 6
sub No. 3, 2024, r 5
pt 2
div 1 hdg ins No. 3, 2024, r 5
r 3C ins No. 3, 2024, r 5
pt 2
div 2 hdg ins No. 3, 2024, r 5
r 4 amd No. 21, 1998, r 2; No. 11, 2012, r 6; No. 3, 2024, r 6
r 5 amd No. 21, 1998, r 2
pt 2
div 3 hdg ins No. 3, 2024, r 7
rr 5A – 5C ins No. 3, 2024, r 7
pt 3 hdg amd No. 11, 2012, r 6; No. 3, 2024, r 8
r 6 amd No. 21, 1998, r 2; Act No. 17, 2001, s 22; No. 11, 2012, r 6
r 7 amd No. 21, 1998, r 2; No. 11, 2012, r 6
rr 8 – 9 amd No. 11, 2012, r 6
r 10 amd No. 21, 1998, r 2; No. 11, 2012, r 6
r 11 amd No. 21, 1998, r 2; Act No. 44, 2005, s 35; No. 11, 2012, r 6
ENDNOTES
Housing Regulations 1983 16
pt 4 hdg amd No. 11, 2012, r 6
r 12 amd No. 21, 1998, r 2
r 13 ins No. 36, 1985, r 3
sub No. 11, 2012, r 4
pt 5 hdg ins No. 11, 2012, r 4
rr 14 – 19 ins No. 11, 2012, r 4
sch 1 ins No. 11, 2012, r 5
amd Act No. 9, 2016, s 160; Act No. 8, 2016, s 42; Act No. 17, 2016, s 46;
No. 24, 2022, s 35
sch 2 ins No. 11, 2012, r 5