New South Wales Consolidated Acts

HOUSING ACT 2001

- As at 16 December 2011
- Act 52 of 2001

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Notes

   PART 2 - OBJECTS OF ACT

   5.      Objects of Act

   PART 3 - NEW SOUTH WALES LAND AND HOUSING CORPORATION

           Division 1 - Establishment of Corporation

   6.      Establishment of New South Wales Land and Housing Corporation

           Division 2 - General functions of Corporation

   7.      Functions of Corporation generally
   8.      Functions of Corporation relating to land and housing
   9.      Functions of the Corporation relating to home purchase assistance
   10.     Functions relating to collection of information and provision of advice, services and products
   11.     Consultation and negotiation

           Division 3 - General powers to enter contracts and agreements

   12.     Corporation may enter into contracts
   13.     Corporation may enter into arrangements with other public authorities

           Division 4 - Administration

   14.     (Repealed)
   15.     Delegations
   16.     Reports from Corporation to Minister
   17.     Annual report

   PART 4 - ACQUISITION, SALE, DEVELOPMENT AND MANAGEMENT OF LAND AND PROPERTY

           Division 1 - General powers of Corporation in relation to land and property

   18.     General powers of Corporation in relation to land vested in Corporation
   19.     Surrender of land
   20.     Application of Public Works Act 1912
   21.     Power to accept gifts

           Division 2 - Acquisition of land

   22.     Acquisition of land
   23.     Compulsory acquisition of land for failure to comply with certain requirements

           Division 3 - Contracts for sale of land

   24.     Conditions on sale of land vested in Corporation
   25.     Imposition of conditions on sale of certain land
   26.     Cancellation of agreement
   27.     Possession to Corporation on cancellation of agreement

           Division 4 - Construction of buildings

   28.     Construction of buildings by Corporation
   29.     Building materials
   30.     Temporary buildings
   31.     Construction of other buildings

           Division 5 - Change in management of land

   32.     Management of land purchased or compulsorily acquired otherwise than under this Act
   33.     Withdrawal of land from Corporation
   34.     Dedication of land by Corporation for public purposes
   35.     Exercise of council’s powers by Corporation

   PART 5 - HOUSING AREAS

   36.     Declaration of housing areas
   37.     Consequences of declaration of housing areas

   PART 6 - ADVANCES FOR HOUSES, OTHER BUILDINGS AND LAND

           Division 1 - Advances for houses to individuals

   38.     Definition
   39.     Making of applications
   40.     Corporation may assist in obtaining a house
   41.     Determination of applications
   42.     Agreement to be entered into
   43.     Advice to be obtained in relation to purchase of house
   44.     Where money advanced not applied to proper purpose
   45.     Periods for repayment
   46.     Security for advance
   47.     Conditions annexed to land while subject to mortgage
   48.     Application for foreclosure
   49.     Sale of land on default of mortgagor
   50.     Building relief to owner of land

           Division 2 - Advances for public buildings and to councils, societies, associations and clubs for houses and other buildings

   51.     Corporation may assist councils to erect houses
   52.     Power to assist building societies by loans
   53.     Building relief

   PART 7 - RENTAL REBATE

   54.     Application of Part
   55.     Application for rental rebate
   56.     Grant of rental rebate
   57.     Cancellation or variation of rental rebate
   58.     Investigation of application

   PART 7A - HOUSING OF REGISTRABLE PERSONS

   58A.    Definitions
   58B.    Termination of lease of registrable person in certain circumstances
   58C.    Provision of alternative housing
   58D.    No compensation payable
   58E.    Certain termination provisions do not apply to termination under this Part
   58F.    Protection of exercise of functions of Director-General and Commissioner of Police under this Part

   PART 8 - JOINT VENTURES, INTERESTS IN PRIVATE CORPORATIONS AND TRUSTS
   Note

   59.     Definitions
   60.     Power to enter into joint ventures
   61.     Powers in relation to formation of and interests in corporations
   62.     Formation of trusts

   PART 9 - FINANCE

   63.     Housing Account
   64.     Money advanced by Commonwealth
   65.     Proceeds of sale of certain land to be paid to Consolidated Fund
   66.     Establishment of Housing Reserve Fund
   67.     Financial year

   PART 9A - COMMUNITY HOUSING

           Division 1A - Interpretation

   67AA.   Definitions

           Division 1 - Registrar of Community Housing

   67A.    Appointment of Registrar of Community Housing
   67B.    Registrar’s functions

           Division 2 - Registration of community housing providers

   67C.    Register
   67D.    Applications for registration
   67E.    Conditions of registration
   67F.    Compliance with Act and regulations
   67FA.   Appointment of special adviser
   67G.    Cancellation of registration
   67GA.   Information to be provided to Corporation by Registrar
   67H.    Review of certain decisions by Administrative Decisions Tribunal

           Division 3 - Giving assistance to registered community housing providers

   67HA.   Circumstances in which Corporation is considered to have interest in certain land
   67I.    Corporation may give assistance
   67J.    Community housing agreements
   67K.    Conditions of community housing agreements relating to land in which Corporation has an interest
   67L.    No dealings in land in which Corporation has an interest without consent of Corporation
   67M.    Creation of charge in agreement
   67N.    Agreements binding on community housing providers

           Division 4 - Vesting of Corporation land in registered community housing providers

   67O.    Vesting of Corporation land in registered community housing provider
   67P.    Effect of vesting of land

           Division 5 - Provisions to protect Corporation’s interest in land

   67Q.    Director-General may require information from registered community housing provider
   67R.    Instructions to community housing provider in relation to land in which Corporation has an interest
   67S.    Displacement of Corporations Act 2001 (Cth) and other relevant legislation

           Division 6 - Miscellaneous

   67T.    Provisions relating to operation of Divisions 4 and 5
   67U.    No duty payable in relation to vestings or transfers under Act
   67V.    No compensation payable by Crown

   PART 10 - MISCELLANEOUS

   68.     Investigation
   69.     False statements and representations
   69A.    Failure to notify of change of circumstances
   69B.    Access to information for preventing, investigating or prosecuting fraud
   70.     Misuse of information
   71.     Disclosure of information
   72.     Service of documents
   72A.    Persons living with tenants liable to repay certain amounts
   72B.    Registration of debt as charge on land
   73.     Recovery of amounts due to Corporation
   74.     Proceedings for offences
   75.     Regulations
   76.     Repeals
   77.     (Repealed)
   78.     Savings, transitional and other provisions
   79.     Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2
           SCHEDULE 3