Australian Capital Territory
Housing Assistance Act 2007    
A2007-8
Republication No 6
Effective:  17 December 2009 – 2 June 2010
Republication date: 17 December 2009
Last amendment made by A2009-49

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Housing Assistance Act 2007 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 December 2009.  It also includes any amendment, repeal or expiry affecting the republished law to 17 December 2009.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Housing Assistance Act 2007

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against Act—application of Criminal Code etc	3
Part 2	Objects and important concepts
	6	Objects of Act	4
	7	What is housing assistance?	5
	8	When is someone eligible for housing assistance?	5
Part 3	Housing Commissioner
	9	Housing commissioner—establishment	6
	10	Housing commissioner—powers generally	6
	11	Housing commissioner—functions	7
	12	Housing commissioner—no power for contracts of employment	7
	13	Limits on housing commissioner—joint ventures	7
	14	Notice of joint ventures	8
	15	Limit on housing commissioner—large contracts	9
	16	Housing commissioner—Ministerial directions	9
	17	Housing commissioner—delegation	9
Part 4	Housing assistance programs
	18	What is a housing assistance program?	10
	19	Approved housing assistance programs	10
	20	Approved housing assistance programs—determinations	10
	21	Approved housing assistance programs—operational guidelines	11
	22	Approved housing assistance programs—market rent	11
	23	Approved housing assistance programs—rent review	12
	24	Housing assistance applicants—requirement for further information	12
	25	Housing assistance recipients—requirement for information	13
Part 4A	Affordable and community housing
Division 4A.1	Affordable and community housing providers
	25A	Affordable and community housing providers—registration	15
	25B	Affordable and community housing providers—refusal to register	16
	25C	Affordable and community housing providers—register	16
	25D	Public access—register	16
	25E	Notice about changes of particulars in register	17
	25F	Affordable housing provider—eligibility criteria	17
	25G	Community housing provider—eligibility criteria	18
	25H	Affordable and community housing providers—trustees and subsidiaries	19
	25I	Community housing providers—standards	19
	25J	Community housing providers—compliance with standards	20
	25K	Affordable and community housing providers—monitoring guidelines	20
	25L	Affordable and community housing providers—compliance with monitoring guidelines	21
	25M	Affordable and community housing providers—monitoring standards, guidelines etc	21
	25N	Affordable and community housing providers—report to housing commissioner	21
	25O	Affordable and community housing providers—changes to constitution or rules	22
	25P	Exemption from requirement or approval—changes to constitution or rules	22
Division 4A.2	Affordable and community housing programs
	25Q	Affordable and community housing programs—housing commissioner may give assistance	23
	25R	Affordable and community housing programs—requirement for information etc	23
Division 4A.3	Housing commissioner’s functions
	25S	Housing commissioner’s functions—housing commissioner may intervene	24
	25T	Affordable and community housing providers—removal from register	26
	25U	Affordable and community housing programs—housing commissioner to report to Minister	26
Part 5	Protection of information
	28	Meaning of protected information—pt 5	28
	29	FOI Act exemption—documents containing protected information	29
Part 6	Commonwealth-Territory funding agreements
	30	What is a Commonwealth-Territory funding agreement?	31
	31	Notification of Commonwealth-Territory funding agreements	31
Part 6A	Notification and review of decisions
	31A	Meaning of reviewable decision—pt 6A	32
	31B	Reviewable decision notices	32
	31C	Applications for review	32
Part 7	Miscellaneous
	32	Placing unleased land under housing commissioner’s control	33
	33	Unleased land placed under housing commissioner’s control—powers	34
	34	Unneeded land may be returned	35
	35	Information to Minister	35
	36	Financial arrangements	35
	37	Protection of officials from liability	36
	38	Determination of fees	36
	39	Approved forms	36
	40	Regulation-making power	37
Schedule 1	Reviewable decisions	38
Dictionary		39
Endnotes
	1	About the endnotes	41
	2	Abbreviation key	41
	3	Legislation history	42
	4	Amendment history	43
	5	Earlier republications	47

Australian Capital Territory
Housing Assistance Act 2007

An Act to provide for housing assistance, and for other purposes

    

 

Part 1	Preliminary
1	Name of Act
This Act is the Housing Assistance Act 2007.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
	For example, the signpost definition ‘housing assistance—see section 7.’ means that the term ‘housing assistance’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Objects and important concepts
6	Objects of Act
	(1)	The main objects of this Act are—
	(a)	to maximise the opportunities for everyone in the ACT to have access to housing that is affordable, secure and appropriate to their needs; and
	(b)	to facilitate the provision of housing assistance for those most in need; and
	(c)	to maximise value for money in the provision of housing assistance; and
	(d)	to promote a choice of forms of housing assistance, and providers of housing assistance, for entities eligible for housing assistance; and
Note	Entity includes a person—see the Legislation Act, dict, pt 1.
	(e)	to facilitate the provision of rental housing that—
	(i)	has adequate amenity, is of an adequate size and is appropriately located for employment opportunities and necessary services and facilities; and
	(ii)	is coordinated with any support services (provided under other laws) required by consumers of housing assistance to live in the community; and
	(f)	to facilitate the provision of an adequate supply of affordable home finance for people on low and moderate incomes; and
	(g)	to promote the development of flexible and innovative financial arrangements to facilitate access to home ownership for people on low and moderate incomes; and
	(h)	to promote the growth of a community housing sector as a viable alternative to public and private rental housing and home ownership; and 
	(i)	to promote the establishment of appropriate mechanisms and forums to allow input into housing policy by consumers, and potential consumers, of housing assistance and by representative non-government agencies involved in housing policy and provision.
	(2)	A person administering this Act must have regard to the objects of the Act to the maximum extent practicable considering the resources available to the person.
7	What is housing assistance?
In this Act:
housing assistance means services, programs, assets, rebates and amounts, provided under an approved housing assistance program to help entities who are eligible for assistance under the program to meet their emergency, short-term, medium-term and long‑term housing needs.
Note	Approved housing assistance program—see s 19.
8	When is someone eligible for housing assistance?
For this Act, an entity is eligible for housing assistance if the entity meets the eligibility criteria under an approved housing assistance program.
Note	Entity includes a person—see the Legislation Act, dict, pt 1.

Part 3	Housing Commissioner
9	Housing commissioner—establishment
	(1)	There is a Commissioner for Social Housing (the housing commissioner).
	(2)	The housing commissioner is a corporation and must have a seal.
Note	For provisions about proof of seals, see the Evidence Act 1995 (Cwlth), s 150 and s 151.
	(3)	The chief executive is the housing commissioner.
10	Housing commissioner—powers generally
	(1)	The housing commissioner has all the powers of a person, unless expressly excluded by this Act.
Examples of powers
1	to enter into a contract
2	to own and dispose of property
3	to sue and be sued
4	to act as a trustee
Note 1	Person includes an individual and a corporation (see Legislation Act, dict, pt 1).
Note 2	See s 12 to s 15 for limits on the housing commissioner’s powers.
Note 3	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	Without limiting subsection (1), the housing commissioner may enter into arrangements with entities to provide housing assistance.
Note	Entity includes a person—see the Legislation Act, dict, pt 1.
11	Housing commissioner—functions
	(1)	The housing commissioner has the following functions:
	(a)	administering, on behalf of the Territory, programs and funding arrangements for delivering housing assistance in the ACT by way of—
	(i)	public rental housing; and
	(ii)	home ownership; and
	(iii)	financial assistance to home owners and tenants; and
	(iv)	community housing; and
	(v)	affordable housing;
	(b)	administering, on behalf of the Territory, any services relating to housing assistance that the Minister approves under subsection (2).
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
	(2)	The Minister may approve stated services relating to housing assistance.
	(3)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
12	Housing commissioner—no power for contracts of employment
The housing commissioner does not have the power to employ staff on a contract of employment.
13	Limits on housing commissioner—joint ventures
	(1)	The housing commissioner must not—
	(a)	enter into negotiations for a joint venture without the Minister’s prior written approval; or
	(b)	enter into an agreement for a joint venture without the Executive’s prior written approval.
	(2)	An approval under subsection (1)—
	(a)	may apply generally or may relate to a particular proposed joint venture; and
	(b)	may be given subject to the conditions or restrictions stated in the approval.
14	Notice of joint ventures
	(1)	This section applies if the housing commissioner enters into an agreement for a joint venture.
	(2)	The housing commissioner must, not later than 14 days after the day the commissioner enters into the agreement, give the Minister a written statement (the commissioner’s statement) setting out the details of, and the reasons for entering into, the agreement.
	(3)	The Minister must present a copy of the commissioner’s statement to the Legislative Assembly not later than 6 sitting days after the day the Minister is given the statement.
	(4)	However, the copy of the commissioner’s statement presented to the Legislative Assembly need not include any material that is commercially sensitive.
	(5)	If commercially sensitive information is not included in the presented copy of the commissioner’s statement, the Minister must, when presenting the statement to the Legislative Assembly, also present a further statement setting out the general nature of the commercially sensitive information and the reason for it not being included in the presented statement.
15	Limit on housing commissioner—large contracts
The housing commissioner must not, without the Minister’s prior written approval, enter into a contract which involves the payment or receipt of a total amount larger than $5 million.
16	Housing commissioner—Ministerial directions
	(1)	The Minister may give a direction to the housing commissioner about the exercise of the commissioner’s functions.
	(2)	The housing commissioner must exercise the commissioner’s functions in accordance with any direction given by the Minister.
	(3)	A direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
17	Housing commissioner—delegation
The housing commissioner may delegate the commissioner’s functions under this Act, other than under section 25A (3), or another territory law to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Part 4	Housing assistance programs
18	What is a housing assistance program?
In this Act:
housing assistance program means a program for providing housing assistance that includes the following:
	(a)	the kind of assistance that may be provided under the program;
	(b)	the eligibility criteria for assistance under the program;
	(c)	how decisions of the housing commissioner under the program may be reviewed.
Note 1	Housing assistance—see s 7.
Note 2	Power given under an Act to make a statutory instrument (including a program) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
19	Approved housing assistance programs
	(1)	The Minister may approve a housing assistance program.
	(2)	An approved housing assistance program is a disallowable instrument.
Note 1	Power given under an Act to make a statutory instrument (including a program) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
Note 2	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
20	Approved housing assistance programs—determinations
	(1)	An approved housing assistance program may provide for the housing commissioner to make determinations for the program.
	(2)	A determination under subsection (1), and each amendment (if any) of a determination, is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
21	Approved housing assistance programs—operational guidelines
	(1)	The housing commissioner may issue guidelines (housing operation guidelines) outlining procedures for the management or operation of approved housing assistance programs.
	(2)	Housing operation guidelines—
	(a)	may deal with matters also dealt with elsewhere under this Act; but
	(b)	must not be inconsistent with this Act (including approved housing assistance programs).
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any approved housing assistance program or regulation (see Legislation Act, s 104).
	(3)	A housing operation guideline, and each amendment (if any) of a guideline, is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
22	Approved housing assistance programs—market rent
	(1)	If housing is being rented to an entity under an approved housing assistance program, the entity must be charged market rent for the housing.
	(2)	However, an approved housing assistance program may provide for a rebate of rent in accordance with the program.
	(3)	In this section:
market rent, for housing, means the rent that would be charged by the lessor for the housing if the housing were rented by a willing lessor to a willing tenant—
	(a)	dealing with each other at arm’s length; and
	(b)	each of whom had acted knowledgeably, sensibly and without compulsion.
23	Approved housing assistance programs—rent review
The housing commissioner must review the rent charged for housing rented under an approved housing assistance program at least once each year.
24	Housing assistance applicants—requirement for further information
	(1)	This section applies if an entity applies for housing assistance.
	(2)	The housing commissioner may require the entity to give the commissioner further stated information that the commissioner reasonably needs to decide the application.
Note	Information includes a document—see the dictionary.
	(3)	The housing commissioner may, by written notice to the entity, refuse the application if—
	(a)	the requirement is made in writing; and
	(b)	the requirement states a reasonable time (of at least 7 days after the day the requirement is given to the entity) for providing the information; and
	(c)	the entity does not provide the information in accordance with the requirement.
25	Housing assistance recipients—requirement for information
	(1)	This section applies if an entity is receiving housing assistance.
	(2)	The housing commissioner may, at any time, require the entity to give the commissioner stated information that the commissioner reasonably needs—
	(a)	to review the housing assistance being provided to the entity; or
	(b)	to provide housing assistance to the entity; or
	(c)	for the good management of an approved housing assistance program or of assets held by the commissioner; or
	(d)	to otherwise exercise the commissioner’s functions under this Act.
Note	Information includes a document—see the dictionary.
	(3)	The housing commissioner may suspend or cancel all or part of the entity’s housing assistance if—
	(a)	the requirement is made in writing; and
	(b)	the requirement states a reasonable time (of at least 7 days after the day the requirement is given to the entity) for giving the information; and
	(c)	the entity does not give the information in accordance with the requirement.
Note	The decision to suspend or cancel all or part of an entity’s housing assistance is a reviewable decision (see s 31A), and the housing commissioner must give a reviewable decision notice to the entity (see s 31B).
	(4)	The reviewable decision notice given to the entity must include—
	(a)	a statement that the housing assistance is suspended or cancelled; and
	(b)	when the suspension or cancellation begins; and
	(c)	if housing assistance is suspended—when the suspension ends.

Part 4A	Affordable and community housing
Division 4A.1	Affordable and community housing providers
25A	Affordable and community housing providers—registration 
	(1)	The housing commissioner may, on application, register an eligible entity as—
	(a)	an affordable housing provider; or
	(b)	a community housing provider.
Note	If a form is approved under s 39 for this provision, the form must be used.
	(2)	Registration may be subject to conditions.
	(3)	The housing commissioner may determine a process for the registration of housing providers.
Note	Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).
	(4)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(5)	The housing commissioner must not delegate the commissioner’s function under subsection (3).
	(6)	The housing commissioner must prepare a written notice of a decision to register an entity as an affordable housing provider or a community housing provider.
	(7)	A notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
25B	Affordable and community housing providers—refusal to register
The housing commissioner must refuse to register an entity as a housing provider if the entity does not satisfy the eligibility criteria.
Note	Eligibility criteria for affordable and community housing providers are set out in s 25F and s 25G.
25C	Affordable and community housing providers—register 
	(1)	The housing commissioner must keep a register of—
	(a)	registered affordable housing providers; and
	(b)	registered community housing providers.
	(2)	The register must include the following information:
	(a)	the name and address of each housing provider;
	(b)	the name of a contact person for the housing provider;
	(c)	the telephone and fax numbers, and email address, of the contact person;
	(d)	the date the housing provider is registered;
	(e)	whether the housing provider is registered as an affordable housing provider or community housing provider; 
	(f)	the conditions (if any) of the registration.
25D	Public access—register
	(1)	The housing commissioner must make the register available for inspection during ordinary office hours at the office of the housing commissioner.
	(2)	A person may, without charge, inspect the register during ordinary office hours.
	(3)	On request, the housing commissioner must give a person a copy of all, or any part, of the register.
Note	A fee may be determined under s 38 for this provision.
25E	Notice about changes of particulars in register
	(1)	This section applies if the information about a registered housing provider recorded in the register changes.
	(2)	The registered housing provider must tell the housing commissioner, in writing, about the change within 14 days after the day the change happens.
25F	Affordable housing provider—eligibility criteria
	(1)	An entity is eligible to be registered as an affordable housing provider if the entity—
	(a)	is either—
	(i)	an incorporated body under the Corporations Act that is—
	(A)	a company limited by guarantee; or
	(B)	a company limited by shares; or
	(ii)	incorporated under the Cooperatives Act 2002; and
	(b)	operates on a not-for-profit basis; and
	(c)	is registered as an exempt charity or public benevolent institution under the Income Tax Assessment Act 1997 (Cwlth); and
	(d)	has a constitution—
	(i)	an objective of which is the provision of community or affordable housing; and
	(ii)	that allows the board to approve financing of housing projects; and
	(e)	is operating within an acceptable level of risk.
	(2)	For subsection (1) (e), an entity is operating within an acceptable level of risk if the housing commissioner is satisfied that the entity’s operations are sound taking into consideration the level of risk to which the operations are exposed in relation to the following:
	(a)	business planning; 
	(b)	financial and risk management; 
	(c)	service quality; 
	(d)	portfolio planning;
	(e)	procurement of properties;
	(f)	land, housing development and property management.
25G	Community housing provider—eligibility criteria
An entity is eligible to be registered as a community housing provider if the entity—
	(a)	is an incorporated body; and
	(b)	operates on a not-for-profit basis; and
	(c)	has a constitution an objective of which is to provide tenancy or asset management services for—
	(i)	affordable housing; or
	(ii)	community housing; and
	(d)	manages not less than 10 residential housing properties; and
	(e)	satisfies the standards under section 25I.
25H	Affordable and community housing providers—trustees and subsidiaries
	(1)	The housing commissioner may register an eligible entity that acts as trustee as an affordable housing provider, or community housing provider, if satisfied that the role of trustee does not adversely affect the entity’s ability to comply with the eligibility criteria.
	(2)	The housing commissioner may register an eligible entity that is a subsidiary of a body other than an eligible entity as an affordable housing provider, or community housing provider, if satisfied that the entity’s status as a subsidiary does not adversely affect its ability to comply with the eligibility criteria.
25I	Community housing providers—standards
	(1)	The housing commissioner may determine standards (the standards) for a community housing provider.
Note	Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).
	(2)	The standards may include, but are not limited to, provisions in relation to the following:
	(a)	tenancy management; 
	(b)	tenant rights and participation in the general management of community housing provision; 
	(c)	governance and organisational management; 
	(d)	management systems, including human resource management. 
	(3)	A standard is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
25J	Community housing providers—compliance with standards
A community housing provider must comply with the standards that apply to the housing provider.
25K	Affordable and community housing providers—monitoring guidelines
	(1)	The housing commissioner may determine guidelines (the monitoring guidelines) for monitoring the operation of affordable and community housing providers.
Note	Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).
	(2)	The housing commissioner may use the monitoring guidelines to decide whether a provider continues to comply with the eligibility criteria for the provider’s registration.
Note	Eligibility criteria for affordable and community housing providers are set out in s 25F and s 25G.
	(3)	Without limiting subsection (1), the monitoring guidelines may make provision in relation to the following:
	(a)	compliance by a provider with the objects of the provider’s constitution or rules;
	(b)	business planning; 
	(c)	financial and risk management; 
	(d)	service quality; 
	(e)	portfolio planning;
	(f)	procurement of properties;
	(g)	land, housing  development and property management.
	(4)	A guideline is a disallowable instrument.
Note 1	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Note 2	The housing commissioner’s power under this section cannot be delegated (see s 17).
25L	Affordable and community housing providers—compliance with monitoring guidelines
A housing provider must comply with the monitoring guidelines for the housing provider.
25M	Affordable and community housing providers—monitoring standards, guidelines etc
The housing commissioner may monitor a registered housing provider’s compliance with—
	(a)	for an affordable housing provider—the monitoring guidelines for the provider; and
	(b)	for a community housing provider—
	(i)	the monitoring guidelines for the provider; and
	(ii)	the standards for the provider; and
	(iii)	any other standards prescribed by regulation.
25N	Affordable and community housing providers—report to housing commissioner
	(1)	A registered housing provider must report to the housing commissioner—
	(a)	annually, not later than 28 days after the housing provider’s annual general meeting; and
	(b)	at any other reasonable time if asked by the housing commissioner.
	(2)	The report must include—
	(a)	the housing provider’s compliance with its objectives; and
	(b)	information that supports the housing provider’s continued compliance with the eligibility criteria for the provider’s registration; and
	(c)	the housing provider’s audited financial statements; and
	(d)	any other matter required under a contract, to which the Territory and the provider are parties, that relates to housing arrangements.
25O	Affordable and community housing providers—changes to constitution or rules
	(1)	This section applies if a registered housing provider proposes to change its constitution or rules.
	(2)	The provider must, at least 28 days before the change to its constitution or rules, apply to the housing commissioner for approval for the change.
	(3)	The housing commissioner must refuse to approve a change to the constitution or rules if satisfied that the change would make the provider ineligible for registration.
	(4)	The housing commissioner must not unreasonably refuse to give approval under this section.
25P	Exemption from requirement or approval—changes to constitution or rules
	(1)	A registered housing provider need not apply to the housing commissioner for approval for a minor change to its constitution or rules.
	(2)	The housing commissioner may determine what is a minor change to the constitution or rules of a registered housing provider.
	(3)	A determination is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
Division 4A.2	Affordable and community housing programs
25Q	Affordable and community housing programs—housing commissioner may give assistance
	(1)	The housing commissioner or another Territory entity may give assistance to a registered housing provider.
Examples—assistance by housing commissioner
1	a grant of money
2	a transfer of land
3	a lease of land or property for use as long-term affordable rental housing
4	a commercial partnership or joint venture between the housing commissioner and registered housing provider
Examples—assistance by Territory entity
1	a secured loan
2	a tax concession 
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	Assistance may be given subject to conditions.
	(3)	Nothing in this section requires the housing commissioner or the Territory to give assistance to a registered housing provider.
25R	Affordable and community housing programs—requirement for information etc
	(1)	The housing commissioner may, by written notice given to a registered housing provider, require the housing provider to give the commissioner relevant information or documents that the commissioner reasonably requires for this part.
	(2)	The notice must state—
	(a)	the information or document required by the commissioner; and
	(b)	where or how the information or document is to be given to the commissioner; and
	(c)	the reasonable time within which the information or document must be given to the commissioner. 
Division 4A.3	Housing commissioner’s functions
25S	Housing commissioner’s functions—housing commissioner may intervene
	(1)	The housing commissioner may intervene in the business of a registered housing provider if the housing provider—
	(a)	fails to adequately manage risk; or
	(b)	fails to comply with another condition of registration; or
	(c)	fails to comply with an instruction issued by the housing commissioner under this Act; or
	(d)	makes changes to its rules so that the housing provider—
	(i)	no longer complies with the registration requirements; or 
	(ii)	cannot provide affordable housing.
	(2)	If the housing commissioner proposes to intervene in the business of a registered housing provider, the commissioner must give the housing provider written notice stating—
	(a)	the reasons for the proposed intervention; and
	(b)	how the commissioner proposes to intervene; and 
	(c)	the reasonable time within which the housing provider may make representations to the commissioner about the proposed intervention.
	(3)	The housing commissioner must not intervene in the business of a registered housing provider unless the commissioner—
	(a)	has considered any representations made to the commissioner within the time stated in the notice given under subsection (2); and
	(b)	is satisfied on reasonable grounds that the intervention is appropriate in the circumstances and in accordance with the intervention guidelines.
	(4)	The housing commissioner may intervene in the business of the registered housing provider by taking 1 or more of the following actions:
	(a)	appointing people to the board of the housing provider;
	(b)	appointing an administrator to control and direct the operation of the housing provider;
	(c)	appointing an administrator to wind up the housing provider and distribute its assets.
	(5)	The housing commissioner must determine guidelines (the intervention guidelines) for intervening in the business of a registered housing provider.
	(6)	The intervention guidelines are a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(7)	This section is declared to be a corporations legislation displacement provision for the Corporations Act, section 5G (Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws).
Note	Subsection (5) ensures that any provision of the Corporations Act or the Australian Securities and Investment Commission Act 2001 (Cwlth) with which this section would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. 
25T	Affordable and community housing providers—removal from register
	(1)	The housing commissioner may remove a registered housing provider from the register if satisfied the provider—
	(a)	has breached a requirement of this part or a condition of the provider’s registration; or
	(b)	no longer satisfies the eligibility criteria.
Note	Eligibility criteria for affordable and community housing providers are set out in s 25F and s 25G.
	(2)	The housing commissioner must prepare a written notice of a decision to remove a housing provider from the register.
	(3)	The notice must include a statement of the reasons for the decision.
	(4)	A notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
25U	Affordable and community housing programs—housing commissioner to report to Minister
	(1)	The housing commissioner must, if asked by the Minister, give the Minister a written report about programs for affordable housing and community housing.
	(2)	If the housing commissioner gives the Minister a report mentioned in subsection (1), the Minister must present the report to the Legislative Assembly within 6 sitting days after the day the Minister receives the report.

Part 5	Protection of information
    
28	Meaning of protected information—pt 5
	(1)	For this part, information is protected information if it—
	(a)	identifies an entity that has applied for housing assistance as having applied for housing assistance; or
	(b)	identifies an entity that is or has been a housing assistance recipient as a housing assistance recipient or former housing assistance recipient; or
	(c)	identifies land that is a housing assistance property as a housing assistance property; or
	(d)	is protected personal information about an entity that—
	(i)	has applied for housing assistance; or
	(ii)	is or has been a housing assistance recipient; or
	(e)	is information prescribed by regulation for this definition; or
	(f)	would allow something to which paragraph (a), (b), (c), (d) or (e) applies to be worked out.
Note	Entity includes a person—see the Legislation Act, dict, pt 1.
	(2)	In this section:
housing assistance property means—
	(a)	land owned, controlled or held by the housing commissioner; or
	(b)	land used by an entity contracted by the commissioner to provide housing assistance.
Example of land controlled or held by the housing commissioner—par (a)
land leased by the commissioner from a private landlord to provide public rental housing
Example of entity contracted by the housing commissioner—par (b)
a community organisation that is contracted by the commissioner to operate a refuge
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
housing assistance recipient means an entity receiving housing assistance.
Examples of housing assistance recipients
1	a tenant of a housing assistance property
2	a person accommodated at a refuge or other residential facility that is operated by a community organisation receiving housing assistance to provide the accommodation 
protected personal information, about an entity that is or has been a housing assistance recipient, means—
	(a)	the entity’s name, telephone number or address; or
	(b)	any other information prescribed by regulation for this definition.
29	FOI Act exemption—documents containing protected information
	(1)	For the purposes of the Freedom of Information Act 1989 (the FOI Act), a document is an exempt document if—
	(a)	the document is in the possession of the housing commissioner; and
	(b)	its disclosure under the FOI Act would involve the disclosure of protected information.
	(2)	However, subsection (1) does not apply in relation to a request under either of the following sections of the FOI Act if the request is made by a person to whom the document relates:
	(a)	section 14 (Requests for access);
	(b)	section 48 (Persons may make application for amendment of records).
	(3)	To remove any doubt, subsection (1) is additional to, and does not limit, the operation of the FOI Act, part 4 (Exempt documents).

Part 6	Commonwealth-Territory funding agreements
30	What is a Commonwealth-Territory funding agreement?
In this Act:
Commonwealth-Territory funding agreement means an agreement between the Commonwealth and the Territory for the Commonwealth to give financial assistance to the Territory for housing assistance or to promote the objects of this Act.
31	Notification of Commonwealth-Territory funding agreements
	(1)	This section applies if the Territory enters into or amends a Commonwealth-Territory funding agreement.
	(2)	The agreement or amendment is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Part 6A	Notification and review of decisions
31A	Meaning of reviewable decision—pt 6A
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
31B	Reviewable decision notices
If the housing commissioner makes a reviewable decision, the commissioner must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1	The housing commissioner must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
31C	Applications for review
The following may apply to the ACAT for review of a reviewable decision:
	(a)	an entity mentioned in schedule 1, column 4 in relation to the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 7	Miscellaneous
32	Placing unleased land under housing commissioner’s control
	(1)	The Executive may direct the planning and land authority to place unleased territory land under the control of the housing commissioner.
	(2)	However, if land that is placed under the housing commissioner’s control under subsection (1) is subject to an existing tenancy, the land is placed under the commissioner’s control subject to the tenancy.
	(3)	To remove any doubt, the housing commissioner may exercise the commissioner’s powers under section 33 in relation to a tenancy to which subsection (2) applies, including, for example, by ending the tenancy.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	A direction under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	In this section:
existing tenancy, for land placed under the housing commissioner’s control, means a tenancy that was in force immediately before the land was placed under the commissioner’s control.
unleased territory land means territory land that is not leased under the Planning and Development Act 2007 or the Unit Titles Act 2001.
33	Unleased land placed under housing commissioner’s control—powers
	(1)	This section applies to land placed under the control of the housing commissioner under section 32.
	(2)	The housing commissioner may do 1 or more of the following in relation to the land:
	(a)	manage the land;
	(b)	authorise people to enter the land; 
	(c)	use the land in any way the commissioner considers appropriate for the commissioner’s functions; 
	(d)	arrange for the grant to someone else of a lease of, or licence to occupy, the land; 
	(e)	obtain a lease for the land in the name of the housing commissioner and transfer the lease;
	(f)	if the land is held by an entity under a lease—
	(i)	do anything in relation to the land that the Territory could do in relation to the land immediately before the land was placed under the commissioner’s control; or
	(ii)	exercise any power under the Recovery of Lands Act 1929 that the Territory may exercise for the land under that Act on behalf of the Commonwealth.
Note 1	The Recovery of Lands Act 1929 provides for the Territory to end a lease and take action against people.  However, it does not apply to leases under the Residential Tenancies Act 1997.
Note 2	See also the Planning and Development Act 2007, s 312 for the recovery of land from a former licencee. 
	(3)	However, a lease or licence must not be granted by anyone for the land except with the housing commissioner’s prior written agreement.
34	Unneeded land may be returned
	(1)	This section applies if the housing commissioner is satisfied that unleased land that has been placed under the commissioner’s control under section 32 is no longer needed for this Act.
	(2)	The housing commissioner may, by instrument, surrender control of the land to the planning and land authority.
	(3)	An instrument under subsection (2) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
35	Information to Minister
	(1)	If the Minister asks the housing commissioner at any time to give the Minister information (including protected information) about any matter relating to the commissioner’s functions, the commissioner must comply with the request.
	(2)	In this section:
protected information—see section 28.
36	Financial arrangements
	(1)	All amounts paid to or by the housing commissioner for this Act (including amounts paid under a Commonwealth-Territory funding agreement) must be paid into or out of a departmental banking account, or territory banking account, within the meaning of the Financial Management Act 1996.
	(2)	To remove any doubt, amounts owed to, or paid to or by, the housing commissioner are amounts owed to, or paid to or by, the Territory.
37	Protection of officials from liability
	(1)	In this section:
official means—
	(a)	the housing commissioner; or
	(b)	anyone else exercising a function under this Act.
	(2)	An official is not personally liable for anything done or omitted to be done honestly and without recklessness—
	(a)	in the exercise of a function under this Act; or
	(b)	in the reasonable belief that the conduct was in the exercise of a function under this Act.
	(3)	Any liability that would, apart from this section, attach to an official attaches instead to the Territory.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any approved housing assistance program or regulation (see Legislation Act, s 104).
38	Determination of fees
	(1)	The Minister may determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
39	Approved forms
	(1)	The housing commissioner may approve forms for this Act.
	(2)	If the housing commissioner approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
40	Regulation-making power
The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1	Reviewable decisions
    
(see pt 6A)

column 1
item	column 2
section	column 3
decision	column 4
entity	
1	24	refuse application for housing assistance	applicant	
2	25	suspend or cancel all or part of housing assistance provided to entity	entity	
3	25A (2)	register entity as housing provider on conditions	entity	
4	25B	refuse to register entity as housing provider	entity	
5	25O (2) or (3)	refuse to approve change to constitution or rules of housing provider	applicant 	
6	25S	decide to intervene in business of housing provider	housing provider	
7	25T	remove housing provider from register	housing provider	

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	ACAT
·	chief executive (see s 163)
·	entity
·	exercise
·	function
·	Minister (see s 162)
·	planning and land authority
·	reviewable decision notice
·	territory land
·	year.
affordable housing means housing that is affordable by people on low or moderate incomes.
approved housing assistance program means a housing assistance program approved under section 19.
Commonwealth-Territory funding agreement—see section 30.
community housing means rental housing for—
	(a)	people on low and moderate incomes or with special needs; or
	(b)	nonprofit community organisations.
company limited by guarantee—see the Corporations Act, section 9.
company limited by shares—see the Corporations Act, section 9.
eligible, for housing assistance—see section 8.
housing—
	(a)	means residential housing and other forms of residential accommodation; and
	(b)	includes the fences, outbuildings and other improvements and the connections for utilities and other services provided or reasonably required for the accommodation.
housing assistance—see section 7.
housing assistance program—see section 18.
housing commissioner means the Commissioner for Social Housing established under section 9.
housing provider means—
	(a)	an affordable housing provider; or
	(b)	a community housing provider.
incorporated association means an association incorporated under the Associations Incorporation Act 1991 or the Cooperatives Act 2002.
information includes a document.
monitoring guidelines, for a housing provider—see section 25K.
protected information, for part 5 (Protection of information)—see section 28.
reviewable decision, for part 6A (Notification and review of decisions—see section 31A.
standards, for a community housing provider—see section 25I 

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Housing Assistance Act 2007 A2007-8
notified LR 10 May 2007
s 1, s 2 commenced 10 May 2007 (LA s 75 (1))
remainder commenced 10 November 2007 (s 2 and LA s 79)
as modified by
Housing Assistance Regulation 2008 SL2008-7 ss 3-5
notified LR 18 March 2008
s 1, s 2 commenced 18 March 2008 (LA s 75 (1))
remainder commenced 19 March 2008 (s 2)
as amended by
Housing Assistance Amendment Act 2008 A2008-33
notified LR 2 September 2008
s 1, s 2 commenced 2 September 2008 (LA s 75 (1))
remainder commenced 2 March 2009 (s 2 and LA s 79)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.56
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.56 commenced 2 March 2009 (s 2 (2) and see A2008-33, s 2 and LA s 79)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.42
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.42 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.39
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.39 commenced 17 December 2009 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Objects of Act
s 6 hdg	sub A2009-49 amdt 3.89
Housing commissioner—functions
s 11	am A2008-33 s 4
Housing commissioner—delegation
s 17	am A2008-33 s 5
Housing assistance recipients—requirement for information
s 25	am A2008-37 amdt 1.241
Affordable and community housing
pt 4A hdg	ins A2008-33 s 7
Affordable and community housing providers
div 4A.1 hdg	ins A2008-33 s 7
Affordable and community housing providers—registration
s 25A	ins A2008-33 s 7
Affordable and community housing providers—refusal to register
s 25B	ins A2008-33 s 7
Affordable and community housing providers—register
s 25C	ins A2008-33 s 7
Public access—register
s 25D	ins A2008-33 s 7
Notice about changes of particulars in register
s 25E	ins A2008-33 s 7
Affordable housing provider—eligibility criteria
s 25F	ins A2008-33 s 7
Community housing provider—eligibility criteria
s 25G	ins A2008-33 s 7
Affordable and community housing providers—trustees and subsidiaries
s 25H	ins A2008-33 s 7
Community housing providers—standards
s 25I	ins A2008-33 s 7
Community housing providers—compliance with standards
s 25J	ins A2008-33 s 7
Affordable and community housing providers—monitoring guidelines
s 25K	ins A2008-33 s 7
Affordable and community housing providers—compliance with monitoring guidelines
s 25L	ins A2008-33 s 7
Affordable and community housing providers—monitoring standards, guidelines etc
s 25M	ins A2008-33 s 7
Affordable and community housing providers—report to housing commissioner
s 25N	ins A2008-33 s 7
Affordable and community housing providers—changes to constitution or rules
s 25O	ins A2008-33 s 7
Exemption from requirement or approval—changes to constitution or rules
s 25P	ins A2008-33 s 7
Affordable and community housing programs
div 4A.2 hdg	ins A2008-33 s 7
Affordable and community housing programs—housing commissioner may give assistance
s 25Q	ins A2008-33 s 7
Affordable and community housing programs—requirement for information etc
s 25R	ins A2008-33 s 7
Housing commissioner’s functions
div 4A.3 hdg	ins A2008-33 s 7
Housing commissioner’s functions—housing commissioner may intervene
s 25S	ins A2008-33 s 7
Affordable and community housing providers—removal from register
s 25T	ins A2008-33 s 7
Affordable and community housing programs—housing commissioner to report to Minister
s 25U	ins A2008-33 s 7
Requirements for information—AAT review
s 26	om A2008-33 s 6
Requirements for information—notice of reviewable decisions
s 27	om A2008-33 s 6
Notification and review of decisions
pt 6A hdg	ins A2008-33 s 8
	sub A2008-37 amdt 1.242
Meaning of reviewable decision—pt 6A
s 31A	ins A2008-33 s 8
	sub A2008-37 amdt 1.242
Reviewable decision notices
s 31B	ins A2008-33 s 7
	sub A2008-37 amdt 1.242
Applications for review
s 31C	ins A2008-37 amdt 1.242
Placing unleased land under housing commissioner’s control
s 32	am A2009-49 amdt 3.90
Unleased land placed under housing commissioner’s control—powers
s 33	am A2009-49 amdt 3.91
Financial arrangements
s 36	am A2009-49 amdt 3.92
Legislation amended—sch 1
s 41	om LA s 89 (3)
Legislation repealed
s 42	om LA s 89 (3)
Transitional—Housing Assistance Act 1987
pt 10 hdg	exp 10 November 2008 (s 110)
Definitions—pt 10
s 100	exp 10 November 2008 (s 110)
	def old Act exp 10 November 2008 (s 110)
	def old housing assistance program exp 10 November 2008 (s 110)
Transitional—rights and liabilities under old Act
s 101	mod SL2008-7 s 3
	(1)-(3), (4) exp 10 November 2008 (s 110 (LA s 88 declaration applies))
	(3A)-(3C) exp 10 November 2008 (s 101 (3C))
Transitional—corresponding housing assistance programs and things
s 102	exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional—mentions of commissioner
s 102A	ins as mod SL2008-7 s 4
	exp 10 November 2008 (s 102A (2))
Transitional—uncompleted applications for AAT review
s 103	exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional—other uncompleted proceedings
s 103A	ins as mod SL2008-7 s 5
	exp 10 November 2008 (s 103A (5) (LA s 88 declaration applies))
Transitional—sensitive information under old Act
s 104	exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional—notification of existing Commonwealth‑Territory funding agreements
s 105	exp 10 November 2008 (s 110)
Transitional—land placed under control of housing commissioner under old Act
s 106	exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional—standard residential tenancy terms, cl 36
s 107	exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional—outdated references to old Act
s 108	exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional regulations
s 109	exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Expiry—pt 10
s 110	exp 10 November 2008 (s 110)
Reviewable decisions
sch 1	ins A2008-37 amdt 1.243
	am A2009-20 amdt 3.99, amdt 3.100; items renum R5 LA
Consequential amendments
sch 1 pt 1.1	om LA s 89 (1) (b)
sch 1 pts 1.2‑1.11	om LA s 89 (3)
Dictionary
dict	am A2008-37 amdt 1.244; A2009-49 amdt 3.93, amdt 3.94
	def affordable housing ins A2008-33 s 9
	def company limited by guarantee ins A2008-33 s 9
	def company limited by shares ins A2008-33 s 9
	def housing provider ins A2008-33 s 9
	def incorporated association ins A2008-33 s 9
	def monitoring guidelines ins A2008-33 s 9
	def reviewable decision ins A2008-37 amdt 1.245
	def standards ins A2008-33 s 9
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
10 Nov 2007	10 Nov 2007–
18 Mar 2008	not amended	new Act	
R2
19 Mar 2008	19 Mar 2008–
10 Nov 2008	not amended	modification by SL2008-7	
R3
11 Nov 2008	11 Nov 2008–
1 Mar 2009	A2008-37	commenced expiry	
R4
2 Mar 2009	2 Mar 2009–
21 Sept 2009	A2008-37	amendments by A2008-33 and A2008-37	
R5
22 Sept 2009	22 Sept 2009–
16 Dec 2009	A2009-20	amendments by A2009-20	

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