(2) Except as in this Act expressly or by necessary implication provided all persons, things and circumstances appointed done or created by or under any Act which is amended or repealed by this Act or existing or continuing under any such Act immediately before the commencement of this Act shall be under and subject to this Act continue to have the same status, operation and effect as they would have had if this Act had not been enacted. 4 Definitions s. 4 (1) In this Act unless inconsistent with the context or subject-matter— S. 4(1) def. of Agreement repealed by No. 10259 s. 8. * * * * * building includes a structure or a part of a structure; Commonwealth means Commonwealth of Australia; construct, in relation to a building, includes— (a) build, re-build, erect or re-erect the building; (b) make structural alterations to the building; (c) enlarge or extend the building; and (d) place or re-locate the building on land; S. 4(1) def. of co-operative inserted by No. 106/2004 s. 3, amended by No. 9/2013 s. 42(Sch. 2 item 11(1)). co-operative has the same meaning that it has in the Cooperatives National Law (Victoria);
S. 4(1) def. of Department inserted by No. 106/2004 s. 3, amended by No. 106/2004 s. 13(1). Department means the Department of Human Services established under the Public Administration Act 2004; S. 4(1) def. of development amended by No. 53/1988 s. 45(Sch. 2 item 13). development in relation to land, means— (a) the construction or demolition of a building on the land; (b) the carrying out of works in, on, over or under the land; (c) the making of a change in the use of the land; (d) the division of the land into two or more parts each capable of being separately occupied, used or disposed of or the resubdivision of land into different parts each capable of being separately occupied, used or disposed of; (e) the redevelopment of the land; Director means the body corporate established under section 9; S. 4(1) def. of Director of Housing amended by No. 46/1998 s. 7(Sch. 1). Director of Housing means the Director of Housing appointed under section 9(1); s. 4 S. 4(1) def. of governing body inserted by No. 106/2004 s. 3. governing body, in relation to a registered agency, means— (a) the board of directors of the registered agency; or (b) the committee of management of the registered agency; or
S. 8(2) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 100.1), 80/2006 s. 26(Sch. item 51.1). (2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of an advisory committee in respect of the office of member. (3) The Minister may at any time remove any member of an advisory committee from office. S. 8(4) amended by No. 26/1987 s. 21. (4) A member of an advisory committee may at any time resign that office in writing addressed to the Minister. (5) Subject to subsection (6), the Minister shall determine the terms and conditions of the appointment of each member of an advisory committee. (6) Each member shall receive such salary and allowance (if any) as may be determined from time to time for statutory appointees by the Governor in Council. Division 2—The Director of Housing 9 Director of Housing s. 9 (1) There shall be a Director of Housing to whom the following provisions shall apply— (a) the Director of Housing— (i) shall be appointed by the Governor in Council and may at any time be removed from office by the Governor in Council;
S. 9(1)(a)(ii) amended by Nos 26/1987 s. 21, 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 100.2), 80/2006 s. 26(Sch. item 51.2). (ii) is in respect of that office subject to the Public Administration Act 2004 (other than Part 3 of that Act); S. 9(1)(a)(iii) amended by No. 26/1987 s. 21. (iii) subject to this Act, shall be entitled to hold office for the term (not exceeding seven years) for which he or she is appointed but shall be eligible for reappointment; and (iv) shall hold office on such terms and conditions and be entitled to receive such salary and allowances as are from time to time fixed by the Governor in Council. S. 9(1)(b) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 100.3). (b) where a person who is not an employee in the public service within the meaning of the Public Administration Act 2004; is appointed as Director of Housing, a term or condition fixed by the Governor in Council under subsection (1)(a)(iv) may provide that— S. 9(1)(b)(i) amended by No. 26/1987 s. 21. (i) where that person is removed from office prior to the expiration of the term of appointment, he or she shall be entitled— (A) to such compensation as is specified in the term or condition; or
state of mind of the Director in relation to a matter and the power, discretion, function or authority is delegated under this section, the delegate may, unless the contrary intention appears, exercise or perform the power, discretion, function or authority upon his or her own opinion, belief or state of mind (as the case may require) in relation to the matter. S. 35(4) amended by No. 26/1987 s. 21. (4) Where the Minister has approved an instrument of delegation under subsection (2), the Minister may subsequently withdraw that approval and the delegation shall thereupon be revoked but that revocation shall not affect in any way anything lawfully done under the delegated authority. (5) A delegation under this section may at any time be revoked by the Director, in whole or in part, but that revocation shall not affect in any way anything lawfully done under the delegated authority. S. 35(6) amended by No. 26/1987 s. 21. (6) A delegation under this section does not prevent the exercise or performance by the Director of any of the powers, discretions, functions and authorities conferred on the Director by or under this Act. 36 Parking of vehicles s. 36 Schedule 5 shall have effect with respect to the parking of vehicles on any land vested in or held under lease by the Director. S. 36A inserted by No. 26/1987 s. 9. 36A Insurance (1) The Director may require the purchaser, mortgagor or owner of any land that is included in a contract of sale or a mortgage or other security held by the Director to insure the land and, while any money remains payable to the Director by that person, keep it insured against any loss or
S. 84 inserted by No. 106/2004 s. 5. 84 Registration s. 84 The Registrar may register a rental housing agency if the Registrar is satisfied that— (a) the application complies with this Part; and (b) the relevant prescribed fee (if any) has been paid; and (c) having regard to the prescribed registration criteria and any other relevant matter, registration is appropriate. S. 85 inserted by No. 106/2004 s. 5. 85 Category of registration (1) The Registrar may register a rental housing agency as a registered housing association or a registered housing provider. (2) The Registrar must have regard to the prescribed registration criteria in determining the category of registration appropriate for the rental housing agency. S. 86 inserted by No. 106/2004 s. 5. 86 Refusal of registration (1) If the Registrar is not satisfied that the requirements for registration in section 84 have been met, the Registrar must refuse to register the rental housing agency. (2) The Registrar must give the rental housing agency a written statement of the reasons for the decision to refuse to register the rental housing agency under this Part. (3) A statement of reasons may be given personally or by post.
S. 98 inserted by No. 106/2004 s. 5. 98 Referral of complaints to Registrar s. 98 (1) An individual who is a tenant or prospective tenant of a registered agency and who has made a complaint to a registered agency may refer the complaint to the Registrar for investigation if the complaint is not resolved within 30 days after it is made. (2) The Registrar may refuse to investigate a complaint unless the complaint is referred to the Registrar within a reasonable time after the end of that 30 day period. S. 99 inserted by No. 106/2004 s. 5. 99 Investigation of complaint (1) The Registrar may appoint an employee of the Department to investigate the complaint. (2) A registered agency must co-operate with an investigation conducted in relation to it under this section. (3) Nothing in this section prevents the exercise by an inspector of any power under Division 7. S. 100 inserted by No. 106/2004 s. 5. 100 Direction of Registrar (1) If an investigation under this section upholds a complaint against a registered agency, the Registrar may in writing direct the registered agency to remedy the matter complained of or to take other action to reduce the likelihood of future complaints. (2) The direction may be given personally or by post. (3) A registered agency must comply with a direction of the Registrar under this section.
(6) There shall not be included in the calculation of surpluses referred to in paragraph (a) of sub-clause (4) amounts applied by the State in accordance with paragraph (n) of clause 30. (7) Matching funds shall not include funds which have been used to match financial assistance provided by the Commonwealth otherwise than under this agreement or previous housing arrangements. Sch. 3A 16. Matching funds in respect of a State other than those referred to in paragraphs (a) and (b) of sub-clause 15(4) shall be applied by the State on such housing programs of the State, in accordance with Recital (D), but not necessarily being programs for which this agreement provides, as are from time to time agreed between the Minister and the State Minister. 17. An amount exempted or forgone by the State shall be deemed for the purpose of clauses 15 and 16 to have been applied or expended respectively by that State in that year. PART VII—FINANCIAL ASSISTANCE ARRANGEMENTS 18. (1) Each State will, not later than the thirtieth day of November preceding the beginning of a year of this agreement, inform the Minister in a reasonable form determined by the Minister after consultation with the State Minister of the amounts of financial assistance that the State wishes the Commonwealth to provide to it in respect of the year for home purchase assistance, rental housing assistance programs and specific housing assistance and at the same time will provide estimates of financial performance and planned programs for the year and revised estimates of that performance and those programs for the then current year. (2) The Minister and the State Minister will consult as appropriate concerning the provision of financial assistance to the State, including additional financial assistance.
In this Schedule unless inconsistent with the context or subject-matter— Sch. 5 cl. 1 def. of authorized officer amended by No. 106/2004 s. 12(3). authorized officer means an employee of the Department or any other person appointed in writing by the Director of Housing as an authorized officer for the purposes of this Schedule; listed vehicle, with respect to the parking of a vehicle in a parking area, means a vehicle which pursuant to this Schedule is currently listed as a vehicle entitled to be parked in the parking area; Sch. 5 cl. 1 def. of owner amended by No. 6/2010 s. 203(1) (Sch. 6 item 25) (as amended by No. 45/2010 s. 22). owner, in respect of a vehicle, means owner within the meaning of Part VII of the Transport (Compliance and Miscellaneous) Act 1983; parking, with respect to the parking of a vehicle, includes the leaving standing of the vehicle (whether attended or not); parking offence means the parking of a vehicle— (a) on any portion of the Director's land— (i) where the parking of vehicles is prohibited; (ii) at a time when parking is not permitted or for a period longer than the period permitted for parking; or
Sch. 5 cl. 5(6)(7) repealed by No. 32/2006 s. 94(Sch. item 27(3)). * * * * * Sch. 5 Sch. 5 cl. 5(8) amended by No. 57/1989 s. 3(Sch. item 97.4(a)), repealed by No. 32/2006 s. 94(Sch. item 27(3)). * * * * * Sch. 5 cl. 6 amended by Nos 26/1987 s. 19(4), 57/1989 s. 3(Sch. item 97.4(b)), 32/2006 s. 94(Sch. item 27(4)). 6 Fund into which money recovered is to be paid Despite section 32(3) of the Infringements Act 2006, any money recovered by way of a penalty for a parking offence shall be paid— Sch. 5 cl. 6(a) amended by Nos 68/2009 s. 97(Sch. item 67.2), 37/2014 s. 10(Sch. item 81.2). (a) where the charge-sheet is filed by a police officer—into the Consolidated Fund; Sch. 5 cl. 6(b) amended by Nos 106/2004 s. 12(4), 68/2009 s. 97(Sch. item 67.2). (b) where the charge-sheet is filed by an authorized officer (being an employee of the Department)—into the general fund maintained by the Director; and Sch. 5 cl. 6(c) amended by No. 68/2009 s. 97(Sch. item 67.2). (c) where the charge-sheet is filed by a person prescribed for the purposes of this the fund prescribed in respect of that person; and