2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Housing)
Community Housing Providers National Law (ACT) Bill 2013

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	2
	4	Terms used in Community Housing Providers National Law (ACT)	3
	5	Notes	3
	6	Objects of Act	3
Part 2	Application of Community Housing Providers National Law
	7	Application of Community Housing Providers National Law	4
	8	Meaning of certain terms	5
	9	Housing agency	5
	10	Relevant Minister	5
	11	Registrar	5
	12	Delegation of registrar’s functions	6
	13	Application of Legislation Act	6
	14	Determination of fees	6
	15	Approved forms	6
Part 3	Miscellaneous
	16	Regulation-making power	8
Part 4	Consequential amendments
	17	Legislation amended—sch 1	9
Part 5	Transitional
	18	Affordable and community housing providers registered under repealed part 4A	10
	19	Transitional regulations	11
	20	Expiry—pt 5	11
Schedule 1	Consequential amendments	12
Part 1.1	Housing Assistance Act 2007	12
Part 1.2	Land Rent Act 2008	15
Dictionary		17

2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Housing)
Community Housing Providers National Law (ACT) Bill 2013

A Bill for
An Act to apply a national law about the registration and regulation of community housing providers, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Community Housing Providers National Law (ACT) Act 2013.
2	Commencement
	(1)	This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
	(2)	If this Act has not commenced within 1 year beginning on its notification day, it automatically commences on the first day after that period.
	(3)	The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.
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.
Note 2	A definition in the dictionary 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	Terms used in Community Housing Providers National Law (ACT)
Terms used in this Act and also in the Community Housing Providers National Law (ACT) have the same meaning in this Act as they have in that Law.
Note	A definition in an Act applies except so far as the contrary intention appears (see Legislation Act, s 155).
5	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.
6	Objects of Act
The objects of this Act are to—
	(a)	apply as a territory law a national law for the registration and regulation of community housing providers under a national system of registration; and
	(b)	facilitate investment in the community housing sector and ensure the protection of that investment; and
	(c)	ensure that registered community housing is developed as a viable and diversified component of the ACT social housing sector; and
	(d)	support the provision of registered community housing for people on a very low, low or moderate income.

Part 2	Application of Community Housing Providers National Law
7	Application of Community Housing Providers National Law
	(1)	Subject to this section, the Community Housing Providers National Law, as in force from time to time, set out in the appendix to the NSW Act (other than the Law, section 24 (No compensation payable by State))—
	(a)	applies as a territory law; and
	(b)	as so applying may be referred to as the Community Housing Providers National Law (ACT); and
	(c)	so applies as if it were part of this Act.
	(2)	A law that amends the Community Housing Providers National Law set out in the appendix to the NSW Act that is passed by the New South Wales Parliament after this Act’s notification day must be presented to the Legislative Assembly not later than 6 sitting days after the day it is passed.
	(3)	The amending law may be disallowed by the Legislative Assembly in the same way, and within the same period, that a disallowable instrument may be disallowed.
Note	See the Legislation Act, s 65 (Disallowance by resolution of Assembly).
	(4)	If the amending law is not presented to the Legislative Assembly in accordance with subsection (2), or is disallowed under subsection (3), the Community Housing Providers National Law applying under subsection (1) is taken—
	(a)	not to include the amendments made by the amending law; and
	(b)	to include any provision repealed or amended by the amending law as if the amending law had not been made.
	(5)	In this section:
NSW Act means the Community Housing Providers (Adoption of National Law) Act 2012 (NSW).
Note	The NSW Act is accessible at www.legislation.nsw.gov.au.
8	Meaning of certain terms
In the Community Housing Providers National Law (ACT): 
Appeal Tribunal means the ACAT.
this jurisdiction means the ACT.
9	Housing agency
For the definition of Housing Agency in the Community Housing Providers National Law (ACT), section 4 (1)—
	(a)	the housing commissioner or another Territory entity is a Housing Agency for the definition of community housing asset in the Law, section 4 (1); and
	(b)	the housing commissioner is a Housing Agency for any other provision of the Law.
10	Relevant Minister
For the definition of relevant Minister in the Community Housing Providers National Law (ACT), section 4 (1), the Minister responsible for administering this Act is the relevant Minister.
11	Registrar
For the Community Housing Providers National Law (ACT), section 9 (2), the director-general is the Registrar.
12	Delegation of registrar’s functions
For the Community Housing Providers National Law (ACT), section 11 (1) (b), a public servant is a declared person.
13	Application of Legislation Act
	(1)	The Legislation Act does not apply to the Community Housing Providers National Law (ACT).
Note	A reference to the Law includes a reference to the statutory instruments made or in force under the Law (see Legislation Act, s 104).
	(2)	Subsection (1) does not limit the application of the Legislation Act to this Act.
14	Determination of fees
	(1)	The Minister may determine fees for the Community Housing Providers National Law (ACT), section 13 (4) as if the Law were an 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.
15	Approved forms
	(1)	The Registrar may approve forms for the Community Housing Providers National Law (ACT), section 13 (4) as if the Law were an Act.
	(2)	If the Registrar 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.

Part 3	Miscellaneous
16	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.

Part 4	Consequential amendments
17	Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.

Part 5	Transitional
18	Affordable and community housing providers registered under repealed part 4A
	(1)	This section applies to an entity that was registered as a housing provider under repealed part 4A immediately before the repeal day.
	(2)	The saved repealed provisions continue to apply in relation to the entity as if repealed part 4A had not been repealed until the earlier of—
	(a)	the day the entity becomes a registered community housing provider under the Community Housing Providers National Law (ACT); and
	(b)	18 months after the repeal day.
	(3)	In this section:
repeal day means the day this Act, schedule 1, part 1.1 commences.
repealed part 4A means the Housing Assistance Act 2007, part 4A as in force immediately before the repeal day.
saved repealed provisions means the following provisions of the Housing Assistance Act 2007 as in force immediately before the repeal day:
	(a)	sections 25C to 25G; 
	(b)	sections 25I to 25U;
	(c)	schedule 1, items 5 to 7;
	(d)	dictionary, definitions of company limited by guarantee, company limited by shares, housing provider, monitoring guidelines and standards.
19	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
20	Expiry—pt 5
This part expires 18 months after the day it commences.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Schedule 1	Consequential amendments
(see s 17)
Part 1.1	Housing Assistance Act 2007
[1.1]	Section 17
omit
, other than under section 25A (3),
[1.2]	Part 4A
substitute
Part 4A	Affordable and community housing programs
25A	Definitions—pt 4A
In this part:
Community Housing Providers National Law (ACT) means the provisions applying because of the Community Housing Providers National Law (ACT) Act 2013, section 7.
registered community housing provider—see the Community Housing Providers National Law (ACT), section 4 (1).
25B	Housing commissioner etc may give assistance to registered community housing provider
	(1)	The housing commissioner or another Territory entity may give assistance to a registered community 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 community 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 a Territory entity to give assistance to a registered community housing provider.
25C	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 the assistance given to registered community housing providers under section 25B.
	(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 is given the report.
[1.3]	Schedule 1, items 3 to 7
omit
[1.4]	Dictionary, new definition of Community Housing Providers National Law (ACT)
insert
Community Housing Providers National Law (ACT), for part 4A (Affordable and community housing programs)—see section 25A.
[1.5]	Dictionary
omit the definitions of
company limited by guarantee
company limited by shares
housing provider
incorporated association
monitoring guidelines
[1.6]	Dictionary, new definition of registered community housing provider
insert
registered community housing provider, for part 4A (Affordable and community housing programs)—see section 25A.
[1.7]	Dictionary, definition of standards
omit
Part 1.2	Land Rent Act 2008
[1.8]	Section 16A heading
substitute
16A	Definitions—pt 3
[1.9]	Section 16A, definition of registered affordable housing provider
substitute
Community Housing Providers National Law (ACT) means the provisions applying because of the Community Housing Providers National Law (ACT) Act 2013, section 7.
registered affordable housing provider means an entity that—
	(a)	is a registered community housing provider under the Community Housing Providers National Law (ACT), section 4 (1); and
	(b)	satisfies the criteria (if any) prescribed by regulation.
[1.10]	New part 11
insert
Part 11	Transitional—Community Housing Providers National Law (ACT) Act 2013
60	Registered affordable housing provider—extended meaning
For part 3, a registered affordable housing provider includes an entity to whom the Community Housing Providers National Law (ACT) Act 2013, section 18 (Affordable and community housing providers registered under repealed part 4A) applies until the saved repealed provisions mentioned in the section cease to apply in relation to the entity under that section.
61	Expiry—pt 11
This part expires on the day the Community Housing Providers National Law (ACT) Act 2013, section 18 (Affordable and community housing providers registered under repealed part 4A) expires.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
[1.11]	Dictionary, new definition of Community Housing Providers National Law (ACT)
insert
Community Housing Providers National Law (ACT), for part 3 (Land rent—discount)—see section 16A.

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
·	ACT
·	director-general (see s 163)
·	entity
·	housing commissioner
·	Minister (see s 162)
·	public servant
·	territory law.
Community Housing Providers National Law (ACT) means the provisions applying because of section 7.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 11 April 2013.
2	Notification
	Notified under the Legislation Act on	2013.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2013