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CLAUSE NOTES
Homes Amendment Bill 2016
PART 1 – PRELIMINARY PROVISIONS
Clause 1 Short Title
This clause provides that the Bill will be cited as the Homes
Amendment Act 2016.
Clause 2 Commencement
This clause provides for the Act to commence on the day on
which it receives the Royal Assent.
PART 2 – HOMES ACT 1935 AMENDED
Clause 3 Principal Act
This clause provides that the Act to which Part 2 of the Bill applies
is the Homes Act 1935.
Clause 4 Long title amended
This clause amends the Act’s long title to refer to the provision of
assistance to persons or bodies providing housing support services.
Clause 5 Section 2 inserted
This clause inserts a new section to the Act.
Section 2. Purposes of Act
The new section provides that the Act’s purposes are to provide,
or enable the provision of, housing assistance to eligible persons
and to assist in the provision of housing support to eligible persons.
Clause 6 Section 3 amended (Interpretation)
This clause amends section 3 of the Act to modify the way in
which certain terms and phrases used in the Act are to be
understood.
The clause:
Amends the meaning of “advance” and “applicant” to update
cross-references which appear in those meanings
Amends the meaning of “dwelling-house” to include:
o Units and apartments that are used for the provision of
residential accommodation, including temporary
accommodation
o Any land on which a house, unit or apartment is
situated
Page 1 of 21
o Any common property, in relation to a unit or
apartment
Amends the meaning of “eligible person” to enable the
Director of Housing to determine a class of eligible person
and to clarify the matters that the Director must be satisfied
of before determining that a person, or a class of persons, is
or are eligible people for the purposes of the Act.
The ability for the Director to determine a class of persons
for the purposes of the Act is particularly important for the
sale, transfer or lease of land by the Director of Housing to
housing providers and housing support providers. Provisions
for this purpose enable the Director of Housing to sell,
transfer or lease land to housing providers and housing
support providers for particular purposes, including providing
eligible people with residential accommodation.
In these instances it will be necessary to clearly identify the
people or categories of people who will benefit from the
sale, transfer or lease of the land to the housing provider,
before the relevant arrangement is entered into.
The amendment also makes it clear that the Director may
only make a determination of eligibility if satisfied that the
person or member of a class of people is, or will be, in need
of housing assistance because of particular characteristics or
circumstances. This may include, for example, that the
person is on a low income.
Lastly the amendment clarifies the Director of Housing’s
ability to determine a person to be an eligible person
because of the circumstances or characteristics of a person
with whom the eligible person resides. This is to
accommodate circumstances where a child is in need of
housing assistance because of, for example, disability. The
meaning recognises that in this case, the child’s parents have
the necessary legal capacity to purchase a dwelling-house or
enter into a lease and as such need to be recognised as
eligible persons for the purposes of the Act.
Inserts a new meaning for “housing assistance”. While this
term is used in the Act currently, it is not defined. This has
caused difficulties in identifying the nature of the assistance
that a person requires, to be identified as an eligible person.
The amendments address this issue by clarifying how the
term should be understood. In particular, the new meaning
makes it clear that housing assistance encompasses short
term accommodation and the provision of financial
assistance to an eligible person so that the person can pay
rent or bond.
Inserts a new meaning for “housing provider”. This meaning
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has been inserted into the Act to complement the inclusion
of provisions enabling the Director of Housing to sell,
transfer or lease dwelling-houses to housing providers in
relevant circumstances. The new meaning has been drafted
to accommodate:
○ Housing developers and builders who construct, alter,
repair or improve dwelling-houses so that the
dwelling-houses can be sold or leased to provide
residential accommodation to eligible persons
○ Non-government organisations who are concerned
with the sale or lease of dwelling-houses to eligible
persons or the provision of residential accommodation
to eligible persons.
Inserts a new meaning for “housing support provider”. This
meaning has been inserted into the Act to complement the
inclusion of provisions enabling the Director of Housing to
sell, transfer or lease dwelling-houses to housing support
providers in relevant circumstances.
Inserts a new meaning for “housing support services”. This
meaning has relevance for the meaning of “housing support
provider” because a housing support provider is defined as a
person or body that provides housing support services to
eligible persons. The meaning captures services that assist
people to obtain or remain in residential accommodation or
that coordinate the provision of such services to eligible
persons. The intention is to accommodate services such as:
○ Tenancy support services to help people who are on
low incomes to secure access to affordable housing
○ Financial management support services to help people
with gambling-related and other money problems.
Inserts a new meaning of “land”. The meaning makes it clear
that for the purposes of the Act, the term “land” includes
any dwelling-house or other structure situated on the land,
as well as vacant land.
Amends the meaning of “purchaser”. This amendment
follows from the proposed new meaning of “dwelling-
house”, which is defined to include the land on which the
dwelling-house is situated.
Clause 7 Section 6 repealed
This clause repeals section 6 of the Act in favour of the new
purposes provision (new section 2).
Clause 8 Section 6A amended (Director of Housing)
This clause amends subsections 3 and 3A of section 6A.
Page 3 of 21
Subsection 3 of the Act currently provides that the Director of
Housing shall be a corporation sole for the purposes of acquiring,
holding, disposing of and otherwise dealing with land under the
Act. The amendment makes it clear that the Director of Housing
is a corporation sole for the purpose of the Act generally and has
been included to remove any limitation which the words could
otherwise be interpreted as imposing on the Director’s status as a
corporation sole.
Subsection 3A lists powers of the Director of Housing that are
additional to the powers conferred on the Director under the
Act’s substantive provisions. This includes the power to make
grants and allocate funds for housing purposes, and to undertake
and participate in joint ventures with private developers and public
authorities.
The power for the Director of Housing to make grants is being
inserted to the Act via new section 18F, while the power for the
Director to undertake and participate in joint ventures will be
clarified in the Act via new sections 18AA and 18AB. This makes
continued reference to these powers in subsection 3A
unnecessary.
Clause 9 Section 6AB amended (Delegation)
This clause amends section 6AB of the Act to ensure gender-
neutral language.
The Acts Interpretation Act 1931 contains provisions regulating
delegations. These are of general application to all Tasmanian
legislation which confers a power on a person to delegate a
function or power, including the Act. The inclusion of provisions
for this purpose in the Acts Interpretation Act renders the inclusion
of like provisions in the Act unnecessary. This clause amends
section 6AB to remove subsections 2, 3, 4, 5 and 6 of section 6AB
for this reason.
Clause 10 Section 11 amended (Power of Director to acquire land)
This clause amends section 11 of the Act to ensure gender-neutral
language.
Clause 11 Section 11A amended (Purchase of easements, &c)
This clause amends section 11A of the Act to ensure gender-
neutral language.
Clause 12 Section 12A amended (Grant of easements, &c)
This clause amends section 12A of the Act to ensure gender-
neutral language.
Page 4 of 21
Clause 13 Section 13 amended (Sale of dwelling-houses before the cost of
subdivision is determined)
This clause:
Amends subsection 1 to make it clear that the section
applies to the sale of dwelling-houses that are erected by the
Director of Housing only, and does not extend to the sale of
dwelling-houses that have been built by housing providers
Amends subsection 2 to ensure gender-neutral language.
Clause 14 Section 14A amended (Development of land for ancillary
purposes)
This clause amends subsection 1 to:
Ensure gender-neutral language
Reflect clause 5 which inserts a new purposes provision
(new section 2) and clause 7 which repeals the existing
purposes provision (current section 6).
Clause 15 Section 14B amended (Power of Director, &c., to enter on lands)
This amends section 14B of the Act to replace outdated terms
such as “servants” and “workmen” with their modern equivalents.
Clause 16 Section 15 repealed
This clause repeals section 15 in favour of new section 19A
Advances to municipal councils.
New section 19A broadly replicates current section 15 and has
been relocated to sit alongside other provisions which regulate
advances.
Clause 17 Section 15A amended (Power of Director to provide dwelling-
houses for employees of public authorities and persons carrying on
industrial undertakings)
This amends section 15A of the Act to:
Ensure gender-neutral language
Update cross-references which appear in the section.
Clause 18 Part IIIA inserted
This clause inserts a new Part IIIA to the Act.
New Part IIIA regulates the leasing and subleasing of
dwelling-houses and consists of new sections 15AA, 15AB, 15AC
and 15AD.
Part IIIA – LEASING AND SUB-LEASING OF DWELLING-
HOUSES
Page 5 of 21
Section 15AA. Leasing and sub-leasing by Director of dwelling-
houses to eligible persons
New Section 15AA provides the Director of Housing with the
ability to lease dwelling-houses that the Director of Housing owns,
to an eligible person.
The new section also allows the Director of Housing to sub-lease
a dwelling-house that the Director of Housing has leased from
another person or body, to an eligible person.
Under the new section the Director of Housing may:
Lease or sub-lease a dwelling-house on the terms and
conditions that the Director thinks fit
Determine that the amount of rent payable by an eligible
person under a lease or sub-lease is to be reduced.
Section 15AB. Director may subsidise rent and bonds payable by
eligible persons
New section 15AB provides the Director of Housing with the
ability to pay all or part of a bond or rent that is payable by an
eligible person in respect of a lease or sub-lease of a dwelling-
house, and to pay the bond or rent by instalment.
The Director of Housing may provide the subsidy to:
An eligible person who leases or sub-leases a dwelling-house
An eligible person who intends to lease or sub-lease a
dwelling-house
A housing provider who leases out a dwelling-house to an
eligible person
A housing provider who intends to lease out a dwelling-
house to an eligible person
Any other person who leases out, or who intends to lease
out, a dwelling-house to an eligible person.
The Director of Housing may also provide the subsidy to a housing
support provider so that the housing support provider can pay all
or part of the rent or bond that is payable by an eligible person
under a lease or sub-lease in relation to a dwelling-house.
Section 15AC. Director may let out dwelling-houses to or from
housing providers or housing support providers
New section 15AC provides the Director of Housing with the
ability to lease a dwelling-house that is owned by the Director to a
housing provider or housing support provider.
The Director of Housing may only lease a dwelling-house to a
housing provider or housing support provider if the Director is
Page 6 of 21
satisfied that the provider intends to:
Sub-lease the dwelling-house to eligible persons
Provide residential accommodation to eligible persons
Provide housing support services.
Section 15AD. Director may lease dwelling-houses
New section 15AD provides the Director of Housing with the
ability to lease a dwelling-house from another person so that the
Director can sub-lease the dwelling-house to:
An eligible person
A housing provider, so that the provider can sub-lease the
dwelling-house to an eligible person
A housing provider, so that the provider can provide, or
arrange for the provision of, residential accommodation to
an eligible person
A housing support provider, so that the housing support
provider can provide housing support services.
Clause 19 Part IV: Heading amended
This clause amends the title of Part IV of the Act to reflect the
Part’s amended subject matter.
Clause 20 Section 15B amended (Interpretation of Part IV)
This clause removes the meaning of “dwelling-house” from
section 15B in favour of the new meaning proposed to be inserted
to section 3 of the Act by virtue of clause 6.
The term has application for Part IV of the Act only and is
inconsistent with the meaning for dwelling-house provided in
section 3 (Interpretation).
Clause 6 proposes a new meaning of “dwelling-house” which
includes the land on which the house, unit or apartment is situated.
This is consistent with the meaning of dwelling-house provided in
section 15B of the Act.
The meaning of dwelling-house is being removed from section 15B
for this reason.
Clause 21 Section 16 repealed
This clause repeals section 16 of the Act in favour of:
New section 15AA, which provides the Director of Housing
with the ability to lease dwelling-houses that the Director of
Housing owns, to an eligible person
New section 15AC, which provides the Director of Housing
with the ability to lease dwelling-houses that the Director of
Page 7 of 21
Housing owns, to a housing provider or housing support
provider.
In respect of leases to eligible people, new section 15AA enables
the Director of Housing to lease or sub-lease a dwelling-house on
the terms and conditions that the Director thinks fit, and to
subsidise rent or bonds payable.
Clause 22 Section 17 amended (Sale of land, whether or not dwelling-house
situated on the land)
This clause amends section 17 of the Act to:
Reflect the new meanings for “dwelling-house” and “land”
proposed to be included in section 3 (Interpretation) by
virtue of clause 6
Ensure gender-neutral language.
Clause 23 Section 17AA amended (Calculation of adjustment rate)
This clause amends section 17AA to ensure gender-neutral
language.
Clause 24 Section 17A amended (Sale by Director subject to mortgage)
This clause amends section 17A of the Act to:
Update cross-references used in the section
Ensure gender-neutral language
Reflect the new meanings for “dwelling-house” and “land”
proposed to be included in section 3 (Interpretation) by
virtue of clause 6
Provide the Director of Housing with the power to require a
person who has applied to have land or a share of interest in
land sold or transferred to him or her to provide the
Director with the security that the Director thinks fit in
respect of the sale or transfer.
Clause 25 Section 17B amended (Contract of sale subject to mortgage)
This clause amends section 17B of the Act to:
Update cross-references used in the section
Ensure gender-neutral language
Reflect the new meanings for “dwelling-house” and “land”
proposed to be included in section 3 (Interpretation) by
virtue of clause 6.
Clause 26 Section 18 amended (Sale of land in certain cases)
This clause amends section 18 of the Act to:
Page 8 of 21
Update cross-references used in the section
Ensure gender-neutral language.
Clause 27 Part IVA: Heading amended
This clause amends the title of Part IVA of the Act to reflect the
Part’s amended subject matter.
Clause 28 Section 18A substituted
This clause repeals current section 18A of the Act and inserts four
new sections: new section 18A, new section 18AA, new section
18AB and new section 18AC.
New Section 18A. Interpretation of Part IVA
New section 18A defines the term “associated land” for the
purposes of Part IVA of the Act.
The term “associated land” is defined to mean land that is
required, by the terms and conditions of a contract or
arrangement entered into with a housing provider under new
section 18G, to be:
Leased to an eligible person
Leased for the provision of residential accommodation to an
eligible person
Sold to an eligible person
Used for the construction of dwelling-houses that are to be
situated on the land, so that the dwelling-houses can be:
○ Leased to eligible persons
○ Sold to eligible persons
○ Used for the provision of residential accommodation
to eligible persons.
Used for the alteration, enlargement, repair or improvement
of dwelling-houses that are already situated on the land, so
that the dwelling-houses can be:
○ Leased to eligible persons
○ Sold to eligible persons
○ Used for the provision of residential accommodation
to eligible persons.
The term does not include land that has been sold or transferred
by the Director of Housing to the provider under the Act. Rather,
the intention is to capture land that is already owned by the
housing provider, or that is to be purchased or leased by the
provider from another person.
Section 18AA. Sale or transfer of land to housing providers
Page 9 of 21
This clause provides the Director of Housing with the ability to sell
or transfer land to a housing provider to enable the housing
provider to:
Lease, or arrange for the lease of, dwelling-houses that are
situated on the land to eligible persons
Lease, or arrange for the lease of, dwelling-houses that are
situated on associated land to eligible persons
Provide, or arrange for the provision of, dwelling-houses that
are situated on the land for the residential accommodation
of eligible persons
Provide, or arrange for the provision of, dwelling-houses that
are situated on associated land for the residential
accommodation of eligible persons
Sell, or arrange for the sale of, dwelling-houses that are
situated on the land to eligible persons
Sell, or arrange for the sale of, dwelling-houses that are
situated on associated land to eligible persons
Construct, or arrange for the construction of, dwelling-
houses that are to be situated on the land so that the
dwelling-houses may be:
○ Leased or sold to eligible persons
○ Used to provide residential accommodation to eligible
persons.
Alter, enlarge, repair or improve, or arrange for the
alteration, enlargement, repair or improvement of dwelling
houses that are situated on the land so that the dwelling-
houses may be:
○ Leased or sold to eligible persons
○ Used to provide residential accommodation to eligible
persons.
The clause also provides the Director of Housing with the ability
to sell or transfer land to a housing provider so that the housing
provider can use the land as security to raise funds to enable the
provider to:
Lease, or arrange for the lease of, dwelling-houses that are
situated on any land to eligible persons
Lease, or arrange for the lease of, dwelling-houses that are
situated on associated land to eligible persons
Provide, or arrange for the residential accommodation of
eligible persons in dwelling-houses that are situated on any
land
Provide, or arrange for the residential accommodation of
Page 10 of 21
eligible persons in dwelling-houses that are situated on
associated land
Sell, or arrange for the sale of, dwelling-houses that are
situated on any land to eligible persons
Sell, or arrange for the sale of, dwelling-houses that are
situated on associated land to eligible persons
Construct, or arrange for the construction of, dwelling-
houses that are to be situated on any land so that the
dwelling-houses can be:
○ Leased or sold to eligible persons
○ Used to provide residential accommodation to eligible
persons.
Construct, or arrange for the construction of, dwelling-
houses that are to be situated on associated land so that the
dwelling-houses can be:
○ Leased or sold to eligible persons
○ Used to provide residential accommodation to eligible
persons.
Alter, enlarge, repair or improve, or arrange for the
alteration, enlargement, repair or improvement of
dwelling-houses that are situated on any land so that the
dwelling-houses can be:
○ Leased or sold to eligible persons
○ Used to provide residential accommodation to eligible
persons.
Alter, enlarge, repair or improve, or arrange for the
alteration, enlargement, repair or improvement of
dwelling-houses that are situated on associated land so that
the dwelling-houses can be:
○ Leased or sold to eligible persons
○ Used to provide residential accommodation to eligible
persons.
The clause additionally provides the Director of Housing with the
ability to sell or transfer land to a housing provider so that the
housing provider can sell or lease the land to any person to
provide funds to enable the provider to:
Lease, or arrange for the lease of, dwelling-houses that are
situated on any land to eligible persons
Lease, or arrange for the lease of, dwelling-houses that are
situated on associated land to eligible persons
Provide, or arrange, for the residential accommodation of
Page 11 of 21
eligible persons in dwelling-houses that are situated on any
land
Provide, or arrange, for the residential accommodation of
eligible persons in dwelling-houses that are situated on
associated land
Sell, or arrange for the sale of, dwelling-houses that are
situated on any land to eligible persons
Sell, or arrange for the sale of, dwelling-houses that are
situated on associated land to eligible persons
Construct, or arrange for the construction of, dwelling-
houses that are to be situated on any land so that the
dwelling-houses can be:
○ Leased or sold to eligible persons
○ Used to provide residential accommodation to eligible
persons.
Construct, or arrange for the construction of, dwelling-
houses that are to be situated on associated land so that the
dwelling-houses can be:
○ Leased or sold to eligible persons
○ Used to provide residential accommodation to eligible
persons.
Alter, enlarge, repair or improve, or arrange for the
alteration, enlargement, repair or improvement of dwelling
houses that are situated on any land so that the dwelling-
houses can be:
○ Leased or sold to eligible persons
○ Used to provide residential accommodation to eligible
persons.
Alter, enlarge, repair or improve, or arrange for the
alteration, enlargement, repair or improvement of dwelling
houses that are situated on associated land so that the
dwelling-houses can be:
○ Leased or sold to eligible persons
○ Used to provide residential accommodation to eligible
persons.
The Director of Housing’s ability to sell or transfer land for these
purposes applies whether or not the funds that are raised are also
used to provide housing for people who are not eligible persons.
In each case the Director of Housing may only sell or transfer land
to a housing provider with the approval of the Minister
administering the Homes Act 1935.
Page 12 of 21
Section 18AB. Sale or transfer of land to housing support
providers
This clause provides the Director of Housing with the ability to sell
or transfer land to a housing support provider so that the housing
support provider can:
Provide housing support services to eligible persons
Use the land as security to raise finance to enable the
housing support provider to provide housing support
services to eligible persons
Sell or lease the land to any person, to provide funds to the
housing support provider to enable the provider to provide
housing support services to eligible persons.
The Director of Housing’s ability to sell or transfer land to a
housing support provider for these purposes applies whether or
not the housing support provider also provides housing support
services to people who are not eligible persons.
In each case the Director of Housing may only sell or transfer land
to a housing support provider with the approval of the Minister
administering the Homes Act 1935.
Section 18AC. Terms and conditions of sale or transfer of land
under this Part
This clause provides the Director of Housing with the power to
determine the terms and conditions to which a sale or transfer of
land under Part IVA of the Act is to be subject.
In the case of a sale of land, the Director of Housing may also
determine the price.
The clause provides the Minister administering the Homes
Act 1935 with the power to direct the Director of Housing as to
the terms and conditions to which a sale or transfer is to be
subject.
The clause also provides guidance around the terms and
conditions that may be imposed and requires the terms and
conditions that are determined by the Director of Housing or
Minister to include terms and conditions that are reasonably
necessary to ensure that all or part of the land that is sold or
transferred is used for the purpose for which it is sold or
transferred.
In the case of associated land the clause requires the terms and
conditions that are determined by the Director of Housing or
Minister to include terms and conditions that are reasonably
necessary to ensure that all or part of the associated land is used
to enable dwelling-houses that are situated on the associated land
to be sold or leased, or used to provide residential
accommodation, to eligible persons.
Page 13 of 21
Clause 29 Section 18B amended (Enforcement of restriction on transfers, &c.,
of land sold)
This clause amends section 18B of the Act to:
Enable the Director of Housing to lodge a notification with
the Recorder of Titles under the Land Titles Act 1980
preventing certain transactions relating to land that is sold or
transferred to a housing provider or housing support
provider under a contract entered into by the Director for
the purposes of the Act, or that is associated land under a
contract or arrangement entered into under section 18G of
the Act, from taking place
Enable a notification to have effect for at least 5 years and up
to 30 years after the notification is lodged
Ensure gender-neutral language.
Clause 30 Section 18C amended (Guarantee by Treasurer)
This clause clarifies the language of subsection 1 of section 18C to
remove ambiguity.
The intention is to clarify the Treasurer’s power to execute a
guarantee, guaranteeing the repayment of finance that has been
provided by a person to another person, who in turn lends money
to a third person.
Clause 31 Part IVC inserted
This clause inserts a new Part to the Act to regulate grants.
The Director of Housing’s power to make grants and allocate
funds for housing purposes to local authorities, eligible persons and
community groups is currently provided for in section 6A(3A)(a)
of the Act.
Section 6A(3A)(a) of the Act does not place any parameters
around the grant of money to housing providers or housing
support providers nor does it require money that is granted to be
used for any particular purpose.
While the Act enables the Director to exercise his or her power
to provide housing providers and housing support providers with
certain benefits, such as the benefit of reduced interest rates via a
loan guaranteed by the Secretary, the manner in which these
arrangements may and should be made is not regulated.
The intention is to regulate these matters through the new Part.
Part IVC – GRANTS AND ARRANGEMENTS
Section 18F. Grants to housing providers or housing support
providers
New section 18F enables the Director of Housing to grant money
Page 14 of 21
to a housing provider or housing support provider so that the
provider can use the money to:
Sell dwelling-houses to people including eligible persons
Lease dwelling-houses to people including eligible persons
Provide residential accommodation to people including
eligible persons
Provide housing support services to people including eligible
persons.
A grant may be subject to terms and conditions; and the Director
may refuse to pay any further instalment of a grant if the provider
to whom the grant was given has not applied the money for the
purpose for which it was granted, or has not carefully and
economically expended the money.
Section 18G. Arrangements with housing providers and housing
support providers
New section 18G enables the Director to enter into an
arrangement with a housing provider or housing support provider
which involves the Director agreeing to exercise a power that he
or she has under another section of the Act to enable the provider
to:
Sell dwelling-houses to people including eligible persons
Lease dwelling-houses to people including eligible persons
Provide residential accommodation to people including
eligible persons
Provide housing support services to people including eligible
persons .
An arrangement of this kind may be subject to terms and
conditions, including conditions that the Director of Housing
considers are necessary to ensure that all or part of any land that is
sold or transferred as part of the arrangement entered into by the
Director, is used for the purposes for which it is sold or
transferred.
The Director may refuse to carry out any further obligations of the
Director under an arrangement made under this new section, if
the provider to whom the grant was given has not complied with
any terms and conditions to which the grant was subject.
Clause 32 Section 19 amended (Advances for homes)
This clause amends section 19 to:
Make it clear that an advance will not always be subject to
security
Ensure gender-neutral language.
Page 15 of 21
Clause 33 Sections 19A and 19B Inserted
This clause inserts two new sections, sections 19A and 19B, to the
Act.
Section 19A. Advances to municipal councils
This new section replaces current section 15 (Power of Director
to make advances to municipal councils in certain cases).
New section 19A broadly replicates section 15 and has been
relocated to sit alongside other provisions which regulate advances.
Section 19B. Advances to housing providers and housing support
providers
This clause enables the Director of Housing to make an advance
to a housing provider or housing support provider, repayable on
the terms, and subject to the conditions that are agreed to
between the Director and the provider, to enable the provider to:
Sell dwelling-houses to people including eligible persons
Lease dwelling-houses to people including eligible persons
Provide residential accommodation to people including
eligible persons
Provide housing support services to people including eligible
persons.
Clause 34 Section 20 amended (Application for advance)
This clause amends section 20 to:
Replace the requirement for an application for an advance to
contain prescribed particulars in favour of a requirement for
an application to be in a form approved by the Director
Ensure gender-neutral language.
Clause 35 Sections 22 and 23 substituted
This clause repeals current sections 22 and 23 of the Act, which
relate to advances secured by mortgage, and inserts a new section
22 which provides for security for advances generally.
Section 22. Security for advances
New section 22 enables the Director of Housing to require a
borrower to provide security in respect of an advance.
This may consist of a first or second mortgage.
The clause excludes the application of the Commonwealth
Personal Property Securities Act 2009 to the mortgage or other
security executed under the provisions of the Act.
Page 16 of 21
Clause 36 Section 24 amended (How advances are repayable)
This clause amends section 24 of the Act to:
Insert references to the terms and conditions of an advance.
This reflects the inclusion in new section 19B of an ability for
the Director of Housing to make an advance subject to
terms and conditions
Replace references to “loans” where they appear in the
section with the term “advance”. This is to ensure
consistency in the language used throughout the Act.
Clause 37 Section 25 amended (Provisions relating to advances)
This clause amends section 25 of the Act to replace references to
“loans” where they appear in the section with the term “advance”.
This is to ensure consistency in the language used throughout the
Act.
Clause 38 Section 27 amended (Director may refuse to enter into contract,
&c.)
This clause amends section 27 to reflect the inclusion of new
sections 18F and 18G which enable the Director of Housing to
make a grant or enter into an arrangement.
The amendment is intended to make it clear that the Director of
Housing may refuse to make a grant under section 18F or enter
into an arrangement under section 18G.
Clause 39 Section 28 amended (Power of Treasurer to fix or annul rate of
interest or table of instalments)
This clause amends section 28 of the Act to replace references to
“loans” where they appear in the section with the term “advance”.
This is to ensure consistency in the language used throughout the
Act.
Clause 40 Section 28A amended (Power of Treasurer to authorize variable
interest rates)
This clause amends section 28A of the Act to enable the Treasurer
to authorise a person, other than the Director of Housing, to
provide for the payment of interest in a mortgage under the Act.
Clause 41 Section 30 amended (Property to be kept in repair until payment
in full)
This clause amends section 30 of the Act to:
Update cross-references which appear in the section
Ensure gender-neutral language.
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Clause 42 Section 31 amended (Disposal without consent)
This clause amends section 31 of the Act to update cross-
references which appear in the section.
Clause 43 Section 32 amended (Sale where borrower bankrupt)
This clause amends section 32 of the Act to ensure gender-neutral
language.
Clause 44 Section 33 amended (Application of section 35 to sale under
sections 31 and 32)
This clause amends section 33 of the Act to update cross-
references which appear in the section.
Clause 45 Section 37 amended (In the event of no purchaser land to revert
to the Crown)
This clause amends section 37 of the Act to replace outdated
terminology.
Clause 46 Section 37B amended (Purpose of provision of moveable dwelling
units)
This clause amends section 37B of the Act to ensure gender-
neutral language.
Clause 47 Section 37D amended (Agreements with respect to moveable
dwelling units)
This clause amends section 37D of the Act to ensure gender-
neutral language.
Clause 48 Section 38 repealed
The clause repeals section 38 of the Act in favour of provisions of
general application, contained in the Acts Interpretation Act 1931,
regulating the service of notices.
Clause 49 Section 39 amended (Extension of time for repayment)
This clause amends section 39 of the Act to ensure gender-neutral
language.
Clause 50 Section 43 amended (Sale or leasing of land, &c., not immediately
required)
This clause amends section 43 of the Act to:
Ensure gender-neutral language
Clarify when the Director of Housing may be satisfied that
land is not immediately required for the purposes of the Act.
This includes if the Director is satisfied that other land is
likely to be more suited to the provision of accommodation
to eligible persons.
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Clause 51 Section 43B amended (Sale, &c., of plant not immediately
required)
This clause amends section 43B of the Act to ensure gender-
neutral language.
Clause 52 Section 43C amended (Work for other State instrumentalities)
This clause amends section 43C of the Act to:
Update cross-references which appear in the section
Ensure gender-neutral language.
Clause 53 Section 47 amended (Regulations)
This clause amends section 47 of the Act to enable the Governor
to make regulations under the Act that are of a savings or
transitional nature consequent on the enactment of the Homes
Amendment Bill 2016.
Section 54 Section 49 inserted
This clause inserts a new section 49 Validation of certain actions.
Section 49. Validation of certain actions
This clause validates certain retrospective actions taken in good
faith by the Director of Housing or person acting at the direction
of the Director of Housing, prior to the amendments which are
the subject of the Homes Amendment Bill 2016.
This includes actions taken in good faith by the Director of
Housing before the Bill’s commencement that would, had they
been taken in accordance with the amendments, have been valid
and effectual.
This provides certainty for past and present housing initiatives.
The clause also clarifies certain matters with respect to applications
for advances made immediately before the commencement day.
PART 3 – RESIDENTIAL TENANCY ACT 1997 AMENDED
Clause 55 Principal Act
This clause identifies the Residential Tenancy Act 1997 as the Act to
which the amendments set out in Part 3 are to apply.
Clause 56 Section 6 amended (Non-application of Act)
This clause amends section 6 of the Residential Tenancy Act 1997
to exclude any lease to a social housing provider, by the Director
of Housing, of residential premises, from the Act’s scope.
This includes leases of land from the Director of Housing to
housing providers and housing support providers who are also
social housing providers within the meaning of the Residential
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Tenancy Act 1997 entered into under the amendments proposed
to be made to the Homes Act 1935.
The intention is to make it clear that leases of this kind are not
residential tenancy agreements within the meaning of the
Residential Tenancy Act 1997.
Clause 57 Section 10 amended (Residential tenancy agreement)
This clause amends section 10 of the Residential Tenancy Act 1997
to make it clear that a sub-lease between a housing provider or
housing support provider that is also a social housing provider and
another person (including an eligible person), in respect of
premises that the social housing provider has leased from the
Director of Housing under the amendments proposed to be made
to the Homes Act 1935, gives rise to a residential tenancy
agreement.
This ensures that tenants of social housing providers leasing
premises from the Director of Housing are afforded the same
protections that are available to tenants of other lessees.
Clause 58 Section 42 amended (Notice to vacate by owner)
This clause amends section 42 of the Residential Tenancy Act 1997
to make it clear that an owner of residential premises may serve a
notice to vacate on a tenant of the premises if the residential
tenancy agreement relates to social housing provided by a housing
provider or housing support provider who is a social housing
provider within the meaning of the Residential Tenancy Act 1997,
who leases the premises from the Director of Housing, if the lease
from the Director to the provider has expired or terminated, or is
to expire or be terminated.
Clause 59 Section 43 amended (Effect of notice to vacate)
This clause amends section 43 of the Residential Tenancy Act 1997
to reflect the proposed amendments to section 42 of that Act.
Clause 60 Section 49 amended (Subletting)
Under section 49 of the Residential Tenancy Act 1997 tenants who
sub-let premises are entitled to the benefit of the residential
tenancy agreement relating to the premises by virtue of the
primary lease.
Section 49 requires a tenant who wishes to sub-lease premises –
thereby invoking the benefit of the residential tenancy agreement
for the tenants to whom the premises are to be sublet - to be in
occupation of the premises.
Most housing providers or housing support providers who are
lessees in respect of premises owned by the Director of Housing
are not in occupation of the premises. This means that the benefit
of the residential tenancy agreement in place between the owner
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of the premises and the lessee does not have application to
tenants of those premises.
The amendment addresses this issue by making it clear that
residential premises may be sublet by a lessee who is not in
occupation of the relevant premises. This will ensure that tenants
of the relevant premises will have the benefit of the residential
tenancy agreement in place between the owner and the lessee.
Clause 61 Repeal of Act
This clause provides for the automatic repeal of the Homes
Amendment Act 2016 within 365 days of that Act’s
commencement.
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