South Australian Housing Trust Regulations 2025

The regulations operationalise several core concepts used by the SAHT and the Minister under the Act. These concepts are enacted by rules that assign decision-making authority, financial limits, temporal windows for review, and procedural steps.

• Affordable housing criteria, as a definitional concept used to decide whether policies, programs and applications fall within the "affordable housing" envelope, are to be set by the Minister by Gazettal notice (reg 4). The concept is not defined in the instrument itself; it is a Ministerial determination power, which makes the boundaries administratively variable rather than fixed in the regulations.
• Financial accommodation is conceptually limited to specified counterparties and mechanisms. Under reg 5, SAHT's authority to borrow or obtain other forms of financial accommodation is limited to borrowing from another Crown agent or instrumentality, from a Commonwealth Department or instrumentality, or under intergovernmental agreements, and is expressly linked to section 21(1)(d) of the Act. The concept excludes direct commercial borrowing from private banks in the text of these regulations.
• Joint ventures are defined functionally for the purpose of section 21(3) of the Act by two prescribed types: those involving SAHT land, and those where SAHT’s total contribution is capped at $1.1 million in money or resources (reg 6). The concept therefore either attaches to the subject matter (land) or to an upper limit on SAHT contribution.
• Registration fee is conceptually linked to the existing Real Property Act 1886 fee regime, but left variable; the prescribed amount for registration of an encumbrance is "the amount prescribed from time to time by fee notice" (reg 7). The concept therefore ties SAHT's fee exposure to another administrative fee instrument, rather than naming a fixed dollar sum.
• Appeals are conceived as time-critical processes with two bands of prescribed periods: seven days for a short list of tenancy-related decisions and 30 days for other matters (reg 8). The short band applies to decisions not to renew a tenancy, termination decisions, decisions on tenancy transfer applications to close relatives, and decisions regarding rent assistance or bond where the landlord is not SAHT.
• Water rates responsibility is split between supply charge and other water rates. SAHT pays the supply charge for the right to connection; tenants pay consumption-related charges if a separate meter is fitted, otherwise tenants pay a proportion determined annually by SAHT (reg 9). The concept allows SAHT to allocate consumption liability where metering is absent.
• Premiums within tenancy agreements are introduced as an adjustable rent component, triggered by tenant income exceeding an SAHT-determined amount and failure to meet SAHT eligibility criteria; the form of the clause is Minister-approved and subject to an historical exemption for certain long-standing applicants (reg 10).
• Goods left on premises establishes a hierarchy of immediate destruction/disposal (narrowly defined classes), mandatory storage for 60 days otherwise, notice obligations including publication, costs recovery via sale proceeds, and transfer of surplus to owner or Consolidated Account (reg 11). The concept balances short-run disposal for hazardous/perishable items against preservation and a reclamation window for other goods.

Across these concepts, the instrument relies on delegated administrative discretion: Ministerial determinations (affordable housing criteria, approved forms), SAHT determinations (proportion of rates where no meter, income thresholds and eligibility criteria, satisfaction about reasonable grounds to extend storage beyond 60 days), and fee notices external to the instrument determining the registration fee. The regulations therefore create definitional flexibility that will be realised through subordinate administrative acts rather than fixed regulatory formulas.

The regulations allocate costs, decision rights and behavioural obligations across four principal groups: SAHT (the statutory landlord/agency), tenants of SAHT properties, the Minister and executive decision-makers, and third parties who interact with SAHT (joint venture partners, creditors, purchasers at auction). Taxpayers and the Consolidated Account are implicated indirectly through the treatment of unclaimed sale proceeds.

• SAHT: The regulations impose operational duties on SAHT. SAHT may borrow only under the mechanisms listed (reg 5); may enter the prescribed joint venture types subject to the $1.1 million contribution cap (reg 6); must manage water-rate billing and determine proportions where no separate meter is fitted (reg 9); must include the Minister-approved premium clause in tenancy contracts (reg 10); must follow the goods-handling regime including storage, notice publication, costs recovery and auction procedures (reg 11). SAHT also has discretion in a number of decisions, for example determining a proportion of water rates in the absence of a meter (reg 9(b)(ii)), determining the income threshold and eligibility criteria that trigger rent premiums (reg 10), and deciding whether there are reasonable grounds to continue storing goods beyond 60 days (reg 11(5)).
• Tenants: Tenants face direct cost and behavioural consequences. They are liable for water consumption charges (other than the supply charge) if a separate meter is fitted, or a SAHT-determined proportion if not (reg 9(b)). Tenants can be charged a premium component of rent where income exceeds an SAHT-determined amount and they do not meet SAHT eligibility criteria, provided the clause is included in the tenancy agreement in Minister-approved form and the tenant is not within the 1998 application exception (reg 10). Tenants who leave goods behind after tenancy termination face the risk of disposal, costs for removal and storage, and loss of goods if not reclaimed within 60 days (reg 11).
• Minister and Executive: The Minister gains delegated instruments and approval roles: power to set affordable housing criteria by Gazette notice (reg 4); power to approve the form of the required premium clause for tenancy agreements (reg 10); and approval power for the form of notices used in the goods storage regime (reg 11(3)). The Minister's decisions will shape eligibility thresholds, policy coverage and standard forms used by SAHT.
• Joint venture partners and private counterparties: The regulations prescribe the types of joint ventures SAHT may enter (reg 6), and limit the financial exposure SAHT may carry into such arrangements. This affects potential private partners who wish to use SAHT land or to partner on schemes with capped SAHT contributions. The borrowing restriction in reg 5 means private lenders other than the Commonwealth or other Crown agencies are not specified as authorised counterparties in this instrument.
• Purchasers at auction and owners of abandoned goods: Buyers at SAHT public auction acquire good title that defeats both the tenant’s and other third-party interests unless the purchaser had actual notice of the third-party interest (reg 11(7)). Owners or claimants of goods sold who are known and have recoverable surplus are entitled to the balance after SAHT deductions; if the owner cannot be identified, excess proceeds are credited to the Consolidated Account (reg 11(6)).

Indirectly affected parties include local water providers (because the scheme allocates supply and consumption charges between landlord and tenant, reg 9), publishers of newspapers (required for the notice publication, reg 11(2)(b)), and agents responsible for encumbrance registration (affected by the fee mechanism in reg 7).

The regulations create explicit duties for SAHT and tenants, confer decision-making rights to the Minister and SAHT, and provide rights for third parties and tenants in certain administrative processes. Key duties and rights, with source references, are as follows.

Duties on SAHT

• Comply with prescribed borrowing channels: SAHT is authorised to borrow or obtain financial accommodation only from specified sources (reg 5). That is an enabling provision setting the scope of authorised financial accommodation.
• Enter joint ventures only as prescribed: SAHT may enter schemes involving land it owns or occupies, and schemes not requiring SAHT to contribute more than $1.1 million in total (reg 6).
• Include mandated tenancy clause: Every tenancy agreement between SAHT and a tenant must contain a Minister-approved form provision permitting SAHT to charge a premium where tenant income exceeds an SAHT-determined threshold and the tenant fails SAHT eligibility criteria, subject to the historical exemption (reg 10).
• Handle goods left after tenancy according to the staged regime: SAHT may destroy certain classes of goods after two days (reg 11(1)(a)); must store goods it does not destroy for at least 60 days (reg 11(1)(b)); must give notice to tenant and known interested parties within seven days and publish notice in a statewide newspaper (reg 11(2)); must sell by public auction if not reclaimed within 60 days unless SAHT decides there are reasonable grounds to store longer (reg 11(5)); and may retain sale proceeds to meet costs and outstanding tenancy debts, paying any surplus to the owner or Consolidated Account (reg 11(6)).
• Provide notices in Minister-approved forms: Notices of stored goods must be in a form approved by the Minister (reg 11(3)).
• Allocate water rates: SAHT must pay the supply charge; SAHT must determine and impose a proportionate share of other water rates if there is no separate meter, and if a separate meter exists the tenant pays all other water rates (reg 9).

Rights for tenants and other persons

• Reclaim stored goods: A person entitled to possession of stored goods may reclaim them after paying SAHT reasonable costs of removal, storage, notice publication and any other reasonable costs (reg 11(4)).
• Appeal certain SAHT decisions: Applicants have prescribed appeal periods under reg 8, notably seven days for non-renewal, termination, transfer and certain assistance/bond decisions; 30 days in other cases (reg 8).
• Protection as auction purchaser: A purchaser at public auction acquires good title to goods sold by SAHT that defeats the tenant’s interest and other interests except where the purchaser had actual notice of another interest (reg 11(7)).

Discretionary powers

• Ministerial discretion to set affordable housing criteria and approve forms: The Minister decides criteria for what constitutes affordable housing (reg 4) and approves forms for tenancy clauses and storage notices (regs 10 and 11(3)).
• SAHT discretion on income thresholds, eligibility criteria, and metering proportions: SAHT determines the income amount that triggers a premium and eligibility criteria for exemption (reg 10); SAHT determines the proportion of water rates payable by tenant where no separate meter exists (reg 9(b)(ii)); SAHT assesses whether there are reasonable grounds to retain goods beyond 60 days (reg 11(5)).

Ancillary administrative duties

• Fee payment: The fee for registration of an encumbrance is the amount prescribed by fee notice under the Real Property Act 1886 for the purposes of section 21A(6)(c) of the Act (reg 7), which places a duty on parties registering encumbrances to pay the prescribed fee.
• Publication duty: SAHT must publish notice in a newspaper circulating generally throughout the State when storing goods, and pay reasonable costs when reclaiming goods (reg 11(2)(b) and 11(4)(b)).

These provisions allocate operational responsibilities, create recovery mechanisms for SAHT, and establish time-limited procedural rights for tenants and other interested persons.

The regulations themselves do not introduce new criminal penalties or civil fines in the body of the instrument. Instead, they create administrative entitlements, duties and remedies that have enforcement implications primarily through the Act and through SAHT's contractual arrangements with tenants. The enforcement mechanisms and consequences provided within the regulations are procedural and monetary rather than penal in the criminal sense.

Enforcement by SAHT through contract and administrative action

• Rent premium enforcement: The mandatory tenancy clause (reg 10) allows SAHT to charge a premium as a component of rent where the tenant’s income exceeds a threshold and the tenant does not meet SAHT eligibility criteria. Enforcement is by adjustment of the rent payable under the tenancy agreement; the regulation does not create a separate penalty, but non-payment would be dealt with under the tenancy agreement and the Act.
• Recovery of costs and outstanding tenancy amounts: The goods-handling regime authorises SAHT to recover reasonable costs of removal, storage and notice from any person reclaiming goods (reg 11(4)(a) and (b)). On sale, SAHT may retain from sale proceeds the reasonable costs of removing, storing and selling the goods, costs of giving notice, any other reasonable costs incurred as a result of the goods being left, and amounts owed to SAHT under the tenancy agreement (reg 11(6)(a)(i)-(iv)). This creates a civil enforcement mechanism by which SAHT may recoup costs and tenancy debts.
• Transfer of proceeds: If an owner cannot be identified or located, the regulations channel surplus proceeds to the Consolidated Account (reg 11(6)(b)), meaning SAHT cannot hold such funds indefinitely outside state accounts; this is an administrative control rather than a penalty.

Appeal timelines as procedural enforcement constraint

• Prescribed appeal periods (reg 8) effectively shorten the window for applicants to challenge SAHT decisions in certain categories to seven days. That narrow timeframe functions as a procedural constraint, and failure to lodge an appeal within the prescribed period likely extinguishes or diminishes the applicant’s recourse under section 32D(2)(a) of the Act. The regulation does not itself state the sanctions for late appeals; those consequences are governed by the Act’s appeal mechanism.

Prescriptive disposal and title transfer

• The sale-by-auction rule gives purchasers "good title" that defeats the tenant’s interest and other interests except where the purchaser had actual notice (reg 11(7)). This is a conclusive property effect; it enforces the disposal mechanism by insulating buyers from latent claims, subject to notice exceptions. The rule therefore enforces finality of SAHT's disposal action and protects market participants at auction.

No new criminal offences or monetary penalties

• The regulations do not create standalone offences or specify penalty units. Enforcement is exercised under contractual remedies, property-transfer effects and the Act’s existing enforcement framework. For criminal or monetary penalties applicable to breach of regulatory duties, reference must be made to the parent Act or other relevant statutes; the instrument itself contains no penalty provisions.

Administrative discretion and compliance risk

• Many obligations are subject to SAHT or Ministerial discretion (for example, the determination of the tenant income threshold, the SAHT-determined proportion of water rates where there is no meter, and SAHT’s satisfaction regarding continued storage). Enforcement therefore depends on exercise of those discretionary powers and administrative compliance with notice, publication and storage requirements, rather than on a regime of fixed fines in the regulations.

The regulations explicitly cross-refer to and rely on several other Acts and administrative instruments. The interaction is both prescriptive, where another statute’s substantive duty is allocated between parties, and administrative, where fees and agency definitions are imported.

Direct statutory cross-references and interactions

• South Australian Housing Trust Act 1995: These regulations are made under the Act and several provisions specifically invoke sections of the Act. Reg 5 operates "pursuant to section 21(1)(d) of the Act" to authorise particular borrowing arrangements. Reg 6 prescribes items "for the purposes of section 21(3) of the Act." Reg 7 prescribes the registration fee for the purposes of section 21A(6)(c) of the Act. Reg 8 prescribes periods for the purposes of section 32D(2)(a) of the Act. The reforms therefore implement, constrain and elaborate the Act’s delegated authorities by prescribing authorised channels, types of joint ventures, fees and appeal periods.
• Water Industry Act 2012: Reg 9 explicitly allocates responsibility for water rates "payable under section 35 of the Water Industry Act 2012" between SAHT and tenants. The supply charge (right to supply) is allocated to SAHT, while consumption-related charges are allocated to tenants depending on metering. The regulation therefore modifies the practical incidence of liabilities created under the Water Industry Act 2012 within SAHT tenancies.
• Real Property Act 1886: Reg 7 prescribes the amount for registration of an encumbrance as "the amount prescribed from time to time by fee notice as the fee for the registration of an encumbrance under the Real Property Act 1886." The regulations therefore adopt the fee structure of the Real Property Act regime and link registration costs under the Housing Trust framework to existing land registration fees.

Administrative law and delegated instruments

• Ministerial notices and fee notices: Reg 4 gives the Minister the power to determine criteria by Gazette notice. Reg 7 ties the registration fee to a fee notice. Reg 10 and reg 11(3) require forms to be "approved from time to time by the Minister." These provisions create a tri-level interaction: primary legislation (the Act), these delegated regulations, and further subordinate administrative instruments (Gazette notices, fee notices and Minister-approved forms). Administrative law principles will therefore govern procedural fairness, reasonableness and reviewability of those subordinate instruments; the regulations themselves do not set out those controls.

Property, contract and insolvency interfaces

• Auction and title transfer: Reg 11(7) provides that a purchaser at a public auction acquires good title that defeats tenant and other interests, unless the purchaser had actual notice. This interacts with property law principles around marketable title, bona fide purchasers, and notice. The requirement for "actual notice" means equitable interests may still bind buyers who had notice, while purchasers without that knowledge receive conclusive title under these regulations.
• Consolidated Account: Reg 11(6)(b) directs unclaimed surplus sale proceeds to the Consolidated Account where owner identity is not known or reasonably ascertainable. This links to the broader public finance framework for state funds.

Commonwealth law interface

• Public Service Act 1999: Reg 3 defines Commonwealth Department as an Agency within the meaning of the Public Service Act 1999 of the Commonwealth. This definition is used in reg 5 to permit SAHT to borrow from Commonwealth departments or instrumentalities, importing Commonwealth administrative law terminology into the borrowing framework.

Procedural and administrative law consequences

• Appeal periods: Reg 8 prescribes appeal periods to be used under the Act. The appeal mechanism itself remains within the Act; these regulations alter the procedural window, which will have effects on review rights and the operation of administrative appeal institutions.

Overall, the regulations do not override other statutes; rather, they allocate statutory duties and liabilities between parties in ways that must be read alongside the Act, the Water Industry Act 2012, the Real Property Act 1886, and administrative law controls. The instrument creates reliance on further subordinate instruments such as Gazette notices, Minister-approved forms and fee notices, making compliance contingent on multiple texts.

The regulation text itself contains a limited legislative history and a Schedule that repeals an earlier instrument. The materials provided in the instrument supply the following chronological and textual points.

• Repeal of previous regulations: Schedule 1 expressly repeals the South Australian Housing Trust Regulations 2010. This indicates the present instrument replaces the 2010 regulations and is intended as the operative set of regulations under the Act (Schedule 1).
• Principal regulations and Gazette citation: The legislative-history note records the principal regulations as 2025 No 72, Gazette 31.7.2025 p2887, with commencement recorded as 31.7.2025 under r 2. The note therefore documents the formal Gazette reference and the stated commencement date (Legislative history).
• Commencement: Reg 2 provides that "These regulations will come into operation on the day on which they are made." The legislative-history entry records the Gazette date and the commencement reference r 2, showing same-day commencement (reg 2; Legislative history).
• Short title anomaly: Reg 1 provides an explicit short title, stating "These regulations may be cited as the South Australian Housing Trust Regulations 2010." This is inconsistent with the legislative-history reference to 2025 and Schedule 1’s repeal of the 2010 regulations. The instrument therefore contains an internal inconsistency as printed: the Short title clause repeats the 2010 citation, but the Schedule 1 repeal and the legislative-history note situate the instrument as the 2025 principal regulations. The text must be read as printed; any legal citation questions would likely require reference to the Gazette instrument or parliamentary records to determine intended citation, but the instrument itself contains the conflicting entries (reg 1; Schedule 1; Legislative history).
• No further amending entries: The instrument as provided does not list prior amendments or a sequence of modifications; it is presented as a principal regulation with a repeal of the 2010 regulations. There are no additional schedules indicating transitional provisions beyond the repeal and no later amending instruments are recorded in the text provided.

Because the instrument depends on fee notices, Gazette notices and Minister-approved forms that may change over time, the operational effect of the regulations will evolve as those subordinate instruments are issued or amended. The regulations tie certain costs and forms to instruments outside the text, meaning future fee notices and Ministerial approvals will change the practical parameters without further amendment to the regulations themselves.

The provided instrument records no litigation history. There are no cases, determinations or judicial decisions referenced in the text, and no notes indicating any court interpretation or challenges to the regulations.

• The regulations do not list decisions or cases, and the legislative-history block contains only the Gazette citation and commencement detail (Legislative history).
• Because the instrument is a set of regulations and it delegates significant discretion to the Minister and to SAHT, litigation could, in principle, arise in the future on topics such as the Minister’s exercise of the criterion-setting power (reg 4), the form and application of the premium clause (reg 10), the reasonableness of SAHT determinations for water-rate proportions (reg 9(b)(ii)), or the adequacy of notice and storage procedure under reg 11. The instrument itself, however, contains no record of litigation.
• Where remedies would be pursued, the relevant statutory avenues and powers under the South Australian Housing Trust Act 1995, administrative law review (for Ministerial and SAHT decisions), and property law actions would be the likely routes. The regulations set procedural time limits for appeals (reg 8), which would be relevant to any litigation strategy; however, the instrument does not indicate how the courts have interpreted those time limits.

In sum, there is no litigation history in the provided text; any discussion of actual or hypothetical judicial outcomes would be outside the source and therefore not included in this note.

Several features of the regulations create operational pitfalls and potential traps for SAHT, tenants and third parties. These are concrete, source-anchored points to watch.

• Internal citation inconsistency: The Short title (reg 1) cites "South Australian Housing Trust Regulations 2010", while Legislative history identifies principal regulations 2025 No 72 and Schedule 1 repeals the 2010 regulations. Parties citing the instrument should check the Gazette instrument for the authorised citation, because the text contains a direct inconsistency (reg 1; Schedule 1; Legislative history).
• Ministerial and SAHT discretion creates variability: Key operational parameters are not fixed in the regulations but left to the Minister or SAHT. The Minister sets affordable housing criteria by Gazette notice (reg 4) and approves the form of tenancy and storage notices (regs 10 and 11(3)). SAHT determines the income threshold and eligibility criteria that trigger rent premiums (reg 10) and determines the proportion of water rates payable by tenants where no separate meter exists (reg 9(b)(ii)). Compliance and predictability therefore depend on subordinate instruments and SAHT administrative decisions.
• Short appeal windows in some tenancy cases: For decisions not to renew a tenancy, to terminate a tenancy, on transfer applications to family members, and on rent assistance or bond where the landlord is not SAHT, the prescribed appeal period is just seven days (reg 8(a)). That is a narrow window for applicants to lodge appeals or seek review under section 32D(2)(a) of the Act, and practitioners must act quickly.
• Borrowing restrictions: Reg 5 restricts the channels by which SAHT may borrow, permitting borrowing from Crown agents or instrumentalities, Commonwealth departments or instrumentalities, or under intergovernmental agreements. The regulations do not authorise borrowing from private commercial lenders in the text; entities expecting SAHT to borrow from private market lenders will need to consider whether other statutory authority applies.
• Joint venture contribution cap: Reg 6(b) prescribes that schemes or arrangements that do not require SAHT to contribute in total more than $1.1 million in money or resources are prescribed. If a proposed joint venture requires greater SAHT contribution, it falls outside the prescribed category and may need different approval pathways under the Act.
• Fee variability: The fee for registration of encumbrances is not a fixed dollar amount in the regulations; it is "the amount prescribed from time to time by fee notice" under the Real Property Act 1886 for the purposes of section 21A(6)(c) of the Act (reg 7). Parties must check the current fee notice at the time of registration.
• Water-billing discretion where no meter exists: If no separate meter is fitted, SAHT determines the proportion of water rates (other than the supply charge) payable by the tenant for each financial year (reg 9(b)(ii)). Tenants and landlords need evidence and clear calculation methodology to avoid disputes; the regulation places the determination power with SAHT.
• Goods disposal timeframe and auction title effect: SAHT may destroy perishable or hazardous items after two days (reg 11(1)(a)) and must store other goods for at least 60 days (reg 11(1)(b)). If goods are sold, the purchaser acquires good title defeating tenant and other interests except where the purchaser had actual notice (reg 11(7)). Claimants must therefore act within the statutory window to reclaim goods and pay reasonable costs (reg 11(4)).
• Publication cost and recovery: SAHT must publish notice of stored goods in a statewide-circulation newspaper (reg 11(2)(b)), and may recover the reasonable costs of giving such notice from a person reclaiming goods or from sale proceeds (reg 11(4)(b); 11(6)(a)(ii)). These costs will be deducted before any surplus is returned to an owner.
• Historical exemption for premium clause: The premium clause required by reg 10 does not apply to tenants who last applied for SAHT housing before 25 February 1998. That temporal exception may create unequal treatment across cohorts of tenants and needs administrative tracking to ensure the exemption is properly applied.
• Minister-approved forms requirement: Notices and tenancy clauses must be in forms approved by the Minister (regs 10; 11(3)). Using an unapproved form may render the clause or notice legally defective.

Each of these "gotchas" derives directly from the regulation text and identifies points where timing, form, discretion or fee variability can produce legal or operational risk.

Compliance requires administrative procedures for SAHT and obligations for tenants and third parties. The following practical steps, grounded in the regulations, indicate what each affected actor should do.

For SAHT (primary operational steps)

• Maintain a register of Ministerial notices and fee notices: Track Ministerial Gazette notices setting affordable housing criteria (reg 4), the fee notice linked to encumbrance registration fees under the Real Property Act 1886 (reg 7), and any Minister-approved forms for tenancy clauses and notices (regs 10 and 11(3)). Ensure internal policies are updated when those subordinate instruments change.
• Document authorised borrowing channels: Before obtaining financial accommodation, verify statutory compliance with reg 5 by ensuring borrowing is from another Crown agent/instrumentality, a Commonwealth Department/instrumentality or under an intergovernmental agreement. Require legal sign-off on financing transactions to confirm they fall within the permitted categories.
• Joint venture approvals and contribution monitoring: For any proposed scheme involving land owned or occupied by SAHT or where SAHT might contribute resources or money, confirm in advance that either the scheme involves SAHT land or that total SAHT contribution will not exceed $1.1 million (reg 6). Implement budget controls and approvals to ensure cumulative SAHT contributions remain within the cap unless alternate approval is obtained under the Act.
• Insert the mandatory premium clause in tenancy agreements: Ensure every SAHT tenancy agreement contains the required provision in the Minister-approved form that allows charging a premium when a tenant’s income exceeds the SAHT-determined amount and eligibility criteria are not met (reg 10). Maintain records of determination of the income threshold, the eligibility criteria, and apply the 1998 applicant exception where relevant.
• Water billing processes: Install separate meters where feasible to clearly allocate consumption charges. Where no separate meter exists, adopt a transparent annual methodology to determine the proportion of water rates payable by the tenant, and communicate that proportion to tenants for each financial year (reg 9(b)(ii)). Ensure SAHT pays the supply charge (reg 9(a)).
• Goods left on premises procedures: Create a goods handling protocol that follows reg 11 precisely: upon taking possession, if two days have elapsed consider destruction only for perishable foodstuffs, insanitary/hazardous premises, or items with value less than the cost of removal (reg 11(1)(a)); otherwise store goods safely for at least 60 days (reg 11(1)(b)). Within seven days of storage, give notice to the tenant at any forwarding address and to any known persons with an interest, and publish notice in a statewide newspaper (reg 11(2)). Use the Minister-approved notice form (reg 11(3)). Track costs and provide itemised invoices to claimants on reclamation (reg 11(4)). Arrange public auction if goods are unclaimed after 60 days, unless SAHT decides reasonable grounds require longer storage (reg 11(5)). Retain sale proceeds to meet allowable costs and tenancy debts and account for any surplus appropriately (reg 11(6)).
• Appeal process management: For relevant decisions that attract the seven-day appeal timeframe (non-renewal, termination, transfer to spouse/partner/family, rent assistance or bond decisions in certain landlord situations), ensure processes identify affected tenants and provide clear written notice that includes information on the appeal timeframe and how to lodge an appeal, to avoid procedural default (reg 8).
• Ensure approved forms usage: Do not use substitute forms for the tenancy premium clause or storage notices; obtain Ministerial approval and retain records of the approved forms used (regs 10 and 11(3)).

For tenants and persons with interests in goods

• Monitor communications and appeal windows: Tenants should be alert to SAHT notices, and where decisions fall into the seven-day appeal band in reg 8 they must act quickly to lodge appeals or seek advice. Keep a current forwarding address with SAHT to ensure statutory notices of stored goods reach you (reg 11(2)(a)(i)).
• Meter and payment awareness: If a separate water meter is fitted, be prepared to pay all water rates other than the supply charge (reg 9(b)(i)). If no meter is fitted, obtain from SAHT the proportion of consumption charges you will be asked to pay for each financial year (reg 9(b)(ii)).
• Reclaiming goods: If goods have been left behind, reclaim them within the 60-day period by paying SAHT reasonable costs of removal, storage, notice publication and any other reasonable costs incurred as a result of the goods being left (reg 11(4)). If a person believes they have an interest in goods, ensure your name and address are known to SAHT or reasonably ascertainable to facilitate receipt of the statutory notice (reg 11(2)(a)(ii)).
• Understand premium clause application: Check whether a premium clause applies to your tenancy: SAHT must include the clause in the Minister-approved form, but applicability depends on whether your income exceeds the SAHT-determined amount and whether you meet SAHT eligibility criteria. Note the historical exception for applicants whose last application was before 25 February 1998 (reg 10).

For joint venture partners and lenders

• Verify SAHT contribution: Determine whether the SAHT’s proposed contribution triggers the $1.1 million cap in reg 6(b). If the SAHT contribution would exceed that amount, seek legal advice on alternative approval processes under the Act.
• Financing counterparties: If expecting SAHT to borrow to finance a joint venture, confirm the intended lending counterparty falls under the permissible categories in reg 5; private commercial lenders are not specified in reg 5.

Administrative and legal housekeeping

• Keep documentary evidence: Record Ministerial notices, fee notices, SAHT determinations on proportions and income thresholds, and published notices relating to goods. These documents will be important to demonstrate compliance and to defend actions in appeal or legal proceedings.
• Consult the Gazette: Because the regulations rely on Gazette notices and fee notices, check the Gazette and relevant fee schedules regularly for changes that affect fee levels, definitions and approved forms (reg 4; reg 7; regs 10 and 11(3)).

Adopting these steps and embedding them into SAHT operational manuals will reduce legal and administrative risk and ensure that the statutory timelines, notice requirements and financial allocation mechanisms in the regulations are met.