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CLAUSE NOTES
Community Housing Providers National Law (Tasmania) Bill 2013
PART 1 Preliminary
Clause 1 Short Title
This clause sets out the short title of the Act as the Community
Housing Providers National Law (Tasmania) Act 2013 (the Act).
Clause 2 Commencement
This clause provides that the Act will commence on a day or
days to be fixed by proclamation.
Clause 3 Object of Act
This clause specifies the objects of the Act.
Clause 4 Interpretation
This clause defines certain words and expressions used in the
provisions of the Act. The Director of Housing means the
person holding office under the Homes Act 1935 as Director of
Housing and the Housing Agency means either the Director of
Housing or the responsible Department in relation to the
Homes Act 1935 (the Department of Health and Human
Services). It also provides that words used in both the Act and
the National Law have the same meaning.
PART 2 Application of Community Housing Providers National
Law
Clause 5 Application of Community Housing Providers National
Law
This is the clause that applies the national law, as in force in the
Appendix to the New South Wales Act, as a law of Tasmania.
Clause 6 Meaning of certain terms in Community Housing
Providers National Law for purposes of this jurisdiction
There are some terms used in the national law that will have a
different meaning in each jurisdiction. These terms have been set
out in this clause with a meaning attributable to the term specific
to Tasmania. Terms include the "Appeal Tribunal" and "this
jurisdiction".
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Clause 7 Exclusion of legislation of this jurisdiction
This clause excludes the operation of the Tasmanian legislation
that deals with the interpretation of legislation from the
Community Housing Providers National Law. Instead, provisions
have been included in the National Law covering this matter and
ensuring consistency in each Australian jurisdiction. That is
section 4(3) of the National Law provides that terms used in the
Law are interpreted in accordance with the Interpretation Act
1987 of New South Wales.
Clause 8 Housing Agencies
This clause declares the Director of Housing and the responsible
Department in relation to the Homes Act 1935 (the Department
of Health and Human Services) to be Housing Agencies for the
purposes of certain provisions of the applied National Law.
Clause 9 Relevant Minister
This clause declares who is the relevant Tasmanian Minister in
relation to the applied National Law (currently the Minister for
Human Services).
Clause 10 Registrar
This clause provides for the appointment of a person as the
Registrar for the purposes of the applied National Law. It also
provides that the Registrar has power to enter into contracts
with other persons; such as other registrars to provide services
in Tasmania.
Clause 11 Delegation of Registrar's functions
This clause specifies the persons to whom the functions under
the applied provisions may be delegated by the Registrar.
Clause 12 Transfer of community housing assets
An object of this clause is to protect the Housing Agency's
interest in community housing assets. It provides that any
transfer of community housing assets from a registered
community housing provider to another registered community
housing provider may only take place when the first-mentioned
registered community housing provider has obtained the written
agreement of the Housing Agency. Community housing assets is
defined in the National Law and includes land acquired with
Housing Agency funding and grants provided by the Housing
Agency.
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Clause 13 Fees
This clause enables regulations to be made by the Governor
prescribing fees for the purposes of the applied provisions.
Clause 14 Proceedings for offences
This clause provides for offences under this Act are to be dealt
with summarily.
Clause 15 Regulations
This clause provides that Regulations can be made by the
Governor to give effect to the provisions of the Act.
Clause 16 Administration of the Act
This clause provides that the Act is to be administered by the
Minister for Human Services and that the department responsible
to the Minister in relation to the administration of the Act is the
Department of Health and Human Services, until any contrary
provision is made.
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