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Housing Assistance Act 1984

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HOUSING ASSISTANCE ACT 1984 No. 138, 1984
Housing Assistance Act 1984 No. 138 of 1984 - LONG TITLE
An Act relating to financial assistance to the States and to the Northern Territory for the purpose of housing (Assented to 25 October 1984) Housing Assistance Act 1984 No. 138 of 1984 - SECT 1 Short title
1. This Act may be cited as the Housing Assistance Act 1984. Housing Assistance Act 1984 No. 138 of 1984 - SECT 2 Commencement
2. (1) This Act, other than section 17, shall come into operation on the day on which it receives the Royal Assent.
(2) Section 17 shall be deemed to have come into operation on 1 July 1984.
Housing Assistance Act 1984 No. 138 of 1984 - SECT 3 Interpretation
3. (1) In this Act, unless the contrary intention appears- "grant" means a payment to a State, by way of financial assistance to that State, under section 6; "loan" means a loan to a State, by way of financial assistance to that State, under section 7; "period to which this Act applies" means the period commencing on 1 July 1984 and ending on 30 June 1994; "State" includes the Northern Territory; "year to which this Act applies" means the year commencing on 1 July 1984 or any succeeding year during the period to which this Act applies. (2) A reference in this Act to money, or to an amount, appropriated for a relevant purpose is a reference to money, or an amount, appropriated- (a) for the purpose of making grants; (b) for the purpose of making loans; or (c) for the purpose of making payments by way of grants or loans. Housing Assistance Act 1984 No. 138 of 1984 - SECT 4 Execution of agreements authorized
4. The execution, by or on behalf of the Commonwealth, of an agreement between the Commonwealth and any State or States substantially in accordance with the form contained in Schedule 1 (including any agreement to be entered into, from time to time, in accordance with the provisions of that first-mentioned agreement that relate to the variation of that agreement) is authorized. Housing Assistance Act 1984 No. 138 of 1984 - SECT 5 Variation of agreement to be laid before each House
5. Where- (a) an agreement (in this section referred to as the "principal agreement") is entered into between the Commonwealth and a State pursuant to section 4; and (b) in accordance with the provisions of the principal agreement relating to the variation of that agreement, a further agreement is entered into between the Commonwealth and the State, the Minister shall cause a copy of the further agreement to be laid before each House of the Parliament within 15 sitting days of that House after the entering into of the further agreement. Housing Assistance Act 1984 No. 138 of 1984 - SECT 6 Grants for specific housing assistance and other purposes
6. (1) Subject to this Act, the Minister may, during a year to which this Act applies, if an agreement has been entered into between the Commonwealth and a State pursuant to this Act, authorize the payment to the State, by way of financial assistance, of such amounts as the Minister determines to be appropriate- (a) for expenditure by the State in respect of that year for the purpose of specific housing assistance referred to in the agreement; or (b) for expenditure by the State in respect of that year for any purpose related to housing that the State determines to be appropriate, being a purpose in respect of which money paid under this section is permitted to be expended under the agreement. (2) Grants shall be made on such terms and conditions as are specified in the agreement in relation to the grants. Housing Assistance Act 1984 No. 138 of 1984 - SECT 7 Loans
7. (1) Subject to this Act, the Minister may, during a year to which this Act applies, if an agreement has been entered into between the Commonwealth and a State pursuant to this Act, authorize the making of loans to the State, by way of financial assistance, of such amounts as the Minister determines to be appropriate, for expenditure by the State in respect of that year for any purpose related to housing in respect of which money paid under this section is permitted to be expended under the agreement.
(2) Loans shall be made on such terms and conditions as are specified in the agreement in relation to the loans.
Housing Assistance Act 1984 No. 138 of 1984 - SECT 8 Appropriation
8. (1) The Consolidated Revenue Fund is appropriated for the purposes of-
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(a) the making of grants, for expenditure on local government and community housing, amounting in the aggregate to $10,000,000 during each of the years commencing on 1 July 1985 and 1 July 1986; and (b) the making of payments, by way of grants for the purposes referred to in section 6 or loans for the purposes referred to in section 7, amounting in the aggregate to $500,000,000 during each of the years commencing on 1 July 1985 and 1 July 1986. (2) Grants and loans shall be made out of money appropriated, whether by this Act or another Act, for a relevant purpose. Housing Assistance Act 1984 No. 138 of 1984 - SECT 9 Allocation of grants and loans amongst States
9. (1) The Minister shall, in authorizing grants during a year to which this Act applies for the purpose referred to in paragraph 6 (1) (a), ensure that the amounts of those grants are allocated amongst the States on the basis of the respective needs of the States as determined by the Minister.
(2) Subject to sections 10 and 11, the Minister shall, in authorizing- (a) grants, for the purposes referred to in paragraph 6 (1) (b), during the year commencing on 1 July 1984; and (b) loans during that year, ensure that the aggregate amount of such grants and loans authorized to be paid to a State is not less than the amount specified in Schedule 2 opposite to the name of that State. (3) Subject to sections 10 and 11, the Minister shall, in authorizing- (a) grants, for the purposes referred to in paragraph 6 (1) (b), during a year to which this Act applies (not being the year commencing on 1 July 1984); and (b) loans during a year to which this Act applies (not being the year commencing on 1 July 1984), ensure that the aggregate amount of such grants and loans authorized during each such year to which this Act applies is allocated amongst the States in accordance with the following paragraphs: (c) the amount of $146,000,000 shall be allocated amongst the States in the proportions determined by the Minister, by writing signed by the Minister, to be the appropriate proportions in respect of the year concerned for the purposes of this paragraph but so that no State is allocated in respect of that year an amount that, or amounts the sum of which, is less than $7,300,000; (d) the amount by which that aggregate amount exceeds $146,000,000 shall be allocated amongst the States in the proportions determined by the Minister, by writing signed by the Minister, to be the appropriate proportions in respect of that year for the purposes of this paragraph. (4) The appropriate proportions to be determined by the Minister under paragraphs (3) (c) and (d) for the allocation amongst the States of the amounts of the grants and loans to be made during the years to which this Act applies shall be determined, as far as practicable- (a) so as progressively to achieve the result that the amounts of the grants and loans made will, in the year commencing on 1 July 1990, be allocated amongst the States on an equal per capita basis; and (b) so that the amounts of the grants and loans made in the years to which this Act applies subsequent to the year commencing on 1 July 1990 will be allocated amongst the States on an equal per capita basis. (5) Subject to sections 10 and 11, the Minister shall, in authorizing grants and loans during a year to which this Act applies, ensure that the aggregate of the amounts of those grants and loans is not less than the sum of all amounts appropriated by this Act, or by any other Act, in respect of that year for a relevant purpose. Housing Assistance Act 1984 No. 138 of 1984 - SECT 10 Unmatched funds
10. If the Minister becomes satisfied in relation to a State, during a year to which this Act applies, that the aggregate of the amounts (in this section referred to as the "amount notionally allocated for grants and loans to that State") that, but for this section, would constitute the total allocation to that State in respect of that year in respect of all money appropriated, whether by this Act or by another Act, in respect of that year for a relevant purpose (not being money appropriated for the making of grants for the purpose referred to in paragraph 6 (1) (a)), exceeds the aggregate of the amounts (in this section referred to as the "proposed matching expenditure of that State") that that State has applied or expended or proposes to apply or expend in relation to housing in respect of that year out of money that would constitute, in relation to that State, matching funds for the purpose of any agreement entered into pursuant to this Act with that State, then, notwithstanding section 9- (a) the Minister shall, in authorizing grants and loans to that State during that year, ensure that the total of the amounts of the grants and loans made to that State does not exceed the amount so expended or proposed to be expended by that State; and
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(b) the Minister may authorize grants or loans, or grants and loans, of such amounts as the Minister determines to be appropriate, to such of the States other than that State as the Minister determines to be appropriate, being grants or loans, or grants and loans, that do not, in the aggregate, exceed the amount by which the amount notionally allocated for grants and loans to that State exceeds the proposed matching expenditure of that State. Housing Assistance Act 1984 No. 138 of 1984 - SECT 11 Re-allocation of specific housing assistance grants
11. (1) Where- (a) the Minister has, under sub-section 6 (1), authorized, in respect of a year to which this Act applies, the making of grants to a State for the purpose referred to in paragraph 6 (1) (a); and (b) after consulting the State Minister of that State, the Minister is satisfied, having regard to the amounts that the State has been, or will be, able to expend during that year for that purpose, that it would not be appropriate for the total amount of the grants so authorized to be paid to the State, the Minister may- (c) vary the authorization in relation to that State by reducing the total amount so authorized to be paid to that State; and (d) authorize grants for the purpose referred to in paragraph 6 (1) (a), of such amounts as the Minister determines to be appropriate, to such of the States other than that State as the Minister determines to be appropriate, being grants that do not in the aggregate exceed the amount by which the total amount authorized to be paid to that State has been reduced as mentioned in paragraph (c). (2) In sub-section (1), "the State Minister", in relation to a State with which the Commonwealth has entered into an agreement pursuant to this Act, has the same meaning as that expression has in that agreement. Housing Assistance Act 1984 No. 138 of 1984 - SECT 12 Advances on account of money expected to become payable under sections 6 and 7
12. (1) The Minister may make arrangements for the making to a State, by way of financial assistance to the State, of advances on account of amounts that are expected to become payable to the State under section 6.
(2) The Minister may make arrangements for the making to a State, by way of financial assistance to the State, of advances on account of amounts that are expected to become payable to the State under section 7.
(3) Upon the execution of an agreement between the Commonwealth and a State pursuant to this Act, this Act and the agreement apply, and shall be deemed at all relevant times to have applied, to and in relation to money paid to that State under sub-section (1) or (2) as if that money had been paid under and in accordance with section 6 or 7, as the case requires.
(4) If a State has not, before 15 April 1985, entered into an agreement with the Commonwealth pursuant to this Act, the State shall repay to the Commonwealth an amount equal to the aggregate of the amounts (if any) paid to the State under sub-section (1) and of the amounts (if any) paid to the State under sub-section (2).
Housing Assistance Act 1984 No. 138 of 1984 - SECT 13 Authority to borrow
13. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow money for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 15 (including money to meet the expenses of any such borrowing).
Housing Assistance Act 1984 No. 138 of 1984 - SECT 14 Application of money borrowed
14. Money borrowed under section 13 shall be issued and applied only for the expenses of borrowing and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 15, and the Loan Fund is appropriated, as necessary, for those purposes.
Housing Assistance Act 1984 No. 138 of 1984 - SECT 15 Reimbursement of Consolidated Revenue Fund from Loan Fund
15. (1) Where an amount has been paid out of the Consolidated Revenue Fund for the purposes of this Act, the Minister for Finance may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.
(2) In any statement prepared by the Minister for Finance under section 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund for the purposes of this Act.
(3) Where there has been a payment from the Loan Fund to the Consolidated Revenue Fund under sub-section (1) in respect of an amount paid out of the Consolidated Revenue Fund for the purposes of this Act, the amount so paid out of the Consolidated Revenue Fund shall, for the purposes of sections 9 and 10 of the National Debt Sinking Fund Act 1966, be deemed to have been paid out of
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the Loan Fund. Housing Assistance Act 1984 No. 138 of 1984 - SECT 16 Annual report by Minister
16. The Minister shall, as soon as practicable after the end of each year to which this Act applies, cause to be laid before each House of the Parliament a report relating to- (a) the operation of the agreements executed pursuant to this Act; (b) housing needs in Australia; (c) expenditure on housing in Australia; and (d) any other matter that the Minister considers relevant. Housing Assistance Act 1984 No. 138 of 1984 - SECT 17 Amendment of 1981 Act
17. The Housing Assistance Act 1981*1* is amended- (a) by inserting in paragraph 8 (1) (a) "(other than the year commencing on 1 July 1985)" after "applies"; and (b) by inserting in paragraph 8 (1) (b) "(other than the years commencing on 1 July 1984 and 1 July 1985)" after "applies". *1* No. 70 of 1981. Housing Assistance Act 1984 No. 138 of 1984 - SCHEDULE 1
SCHEDULE 1 Section 4 AN AGREEMENT made the day of One thousand nine hundred and eighty-four between- THE COMMONWEALTH OF AUSTRALIA of the first part, THE STATE OF NEW SOUTH WALES of the second part, THE STATE OF VICTORIA of the third part, THE STATE OF QUEENSLAND of the fourth part, THE STATE OF WESTERN AUSTRALIA of the fifth part, THE STATE OF SOUTH AUSTRALIA of the sixth part, THE STATE OF TASMANIA of the seventh part, and THE NORTHERN TERRITORY OF AUSTRALIA of the eighth part. WHEREAS: (A) the Commonwealth and the States of Australia have from time to time entered into agreements for the purpose of the provision by the States with financial assistance from the Commonwealth of housing; (B) by an agreement between the Commonwealth, the States of Australia and the Northern Territory of Australia dated the twenty-third day of December 1981, being the agreement authorised to be executed on behalf of the Commonwealth by the Housing Assistance Act 1981 of the Commonwealth Parliament and being the last of the agreements referred to in Recital (A), provision was so made with respect to the five years commencing on the 1st July 1981; (C) the Ministers of the respective governments throughout Australia who are responsible for housing have agreed upon the provision of rental housing assistance and home purchase assistance in the various States and in the Northern Territory during the ten years commencing on the 1st July 1984; (D) the primary principle of this agreement is to ensure that every person in Australia has access to adequate and appropriate housing at a price within his or her capacity to pay by seeking to: - alleviate housing-related poverty; and - ensure that housing assistance is, as far as possible, delivered equitably to persons resident in different forms of housing tenure; in implementing this principle, assistance provided under the agreement will also reflect the following detailed principles: (a) Assistance Generally the primary consideration in delivering housing assistance under this agreement will be the needs of people, rather than to attach assistance to particular dwellings or categories of dwellings; housing assistance provided under this agreement will be available to all sections of the community irrespective of age, sex, marital status, race, religion, disability or life situation. However, priority in granting assistance shall be determined by the need for assistance; in delivering housing assistance, as far as possible, people should be given an equal choice between the types of housing assistance available; housing assistance programs developed under this agreement should be designed so that maximum social benefit is derived from previous investment in housing; housing assistance provided under this agreement should be
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co-ordinated with housing assistance programs that are developed outside this agreement; (b) Public Rental Housing programs and funding arrangements under this agreement should seek to develop the public housing sector as a viable and diversified form of housing choice and refrain from discrimination; programs and funding arrangements under this agreement shall be developed so as to increase progressively the availability of public housing to a level commensurate with the need for it in the community; public housing should reflect general community housing standards and should be accessible to community and other services. Poor location of dwellings, an inadequate range of choice of dwellings, and stigmatisation of the status of public tenants should be avoided to the maximum extent practicable; public housing stock should, as far as possible, be designed to cater for the needs and preferences of current and likely future applicants; clear recognition should be accorded to the separate but complementary roles of: - capital expenditure on constructing and acquiring dwellings; - financing of rental operations; - managing rental operations including assistance for tenants; and - sales of dwellings; the design, style and siting of public housing will, to the maximum extent practicable: - reflect the need for accessibility and suitability for habitation by disabled persons, Aboriginals, youth, the elderly, or other identified groups; and - support the energy conservation policies of the governments; public housing authorities should ensure that tenants have maximum opportunity to participate in the management of their dwellings and estates and in the development of public housing policies; (c) Income-Related Assistance to Tenants programs developed under this agreement should recognise the problems created by the inability of some tenants to afford adequate rental accommodation in both public and private rental sectors; assistance measures in the public rental sector should be co-ordinated with assistance to private tenants and should recognise the income support nature of the assistance and the inter-relationship of this assistance with Commonwealth assistance to pensioners and other beneficiaries under the Social Security Act 1947; (d) Home Ownership Assistance assistance under this agreement shall seek to provide home ownership opportunities for those unable to obtain or maintain affordable finance from the private sector or from other sources outside the agreement; (e) Implementation the State will be able to exercise maximum autonomy and flexibility in developing the administrative arrangements necessary to achieve these principles; (E) the Ministers referred to in Recital (C) recognise the relationship between the principles and policies reflected in this agreement and the need to co-ordinate these with those affecting generally home purchasers and tenants including tenants in private housing and in emergency and supported accommodation; (F) it is proposed that in order to implement the agreement of the Ministers the Commonwealth will grant to the States financial assistance under section 96 of the Commonwealth of Australia Constitution and like assistance to the Northern Territory and that the terms and conditions on which the grant of financial assistance should be made are those set out in this agreement; (G) the Commonwealth the States and the Northern Territory have decided that the agreement referred to in Recital (B) shall cease to operate on and from the first day of July 1984 and to vary in certain respects the operation of the agreements which have been entered into as aforesaid; and (H) the Parliament of the Commonwealth has authorised the execution by and on behalf of the Commonwealth of this agreement and the provision of financial assistance to the States in accordance with its provisions. NOW IT IS HEREBY AGREED as follows:
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PART I-OPERATION OF AGREEMENT 1. (1) This agreement shall come into force in respect of the Commonwealth and of a State when it has been signed on behalf of the Commonwealth and has been signed on behalf of the State with the authority of the Parliament of the State or, having been signed on behalf of the State without the authority, is approved by the Parliament of the State. (2) This agreement shall come into force in respect of the Commonwealth and the Northern Territory when it has been signed on behalf of the Commonwealth and has been signed on behalf of the Northern Territory. (3) Notwithstanding that in this agreement all the States of New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania and the Northern Territory are named as parties, this agreement shall operate as an agreement between the Commonwealth and the party or parties in respect of which it comes into force as fully and effectually as if the party or parties in respect of which it comes into force were the only party or parties so named other than the Commonwealth. (4) Except for obligations arising under Part VIII of the agreement referred to in Recital (B) and unperformed prior to the first day of July 1984 that agreement shall be deemed to have ceased to operate on and from that date. 2. Acts and things provided for by this agreement which have been done or carried out by or with respect to a State or the Northern Territory in accordance with and in anticipation of its coming into force in respect of that State or Territory shall be deemed to have been done or carried out under this agreement as if it were in force at the relevant time or times in respect of that State, or that Territory, as the case may be. PART II-PARTIES 3. (1) In this agreement, subject to this clause and except where the context otherwise indicates- (a) "the Commonwealth" means the Commonwealth of Australia as the party to this agreement; (b) each State named as a party in respect of which this agreement comes into force is referred to as a "State" and, except where the context otherwise indicates, "the States" means all of those States; and (c) "the Northern Territory" means the Northern Territory of Australia as the party to this agreement. (2) A reference to a State in this Part and in the succeeding clauses of this agreement shall, except where the contrary intention appears and according to the requirements of the context, be deemed to include a reference to the Northern Territory. 4. Where in an existing Housing Agreement included in the Schedule the word "State" or the expression "the States" means a State or the States in respect of which that Agreement is in force, that word and that expression shall