Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
Act unless the contrary intention appears —
Account means the Housing Authority Account
referred to in section 62;
approved form means a form approved by the
Minister;
Authority means the Housing Authority referred to
in section 6(4);
Crown land has the meaning given in the Land
Administration Act 1997 section 3(1);
house means any building (including any single,
attached or multi-storey dwelling unit, tent, edifice, structure or erection
(whether temporary or permanent)) or any part thereof which or any part of
which has been used or is used or is intended to be used as a dwelling, and
includes outbuildings, fences, walls and permanent provision for lighting,
heating, water supply, drainage and sewerage and other appurtenances of a
house, and any shop, or business premises being a portion of or attached to a
house;
land includes any estate or interest in land and
any easement, right or privilege in, over or affecting land and any building
or other structure or improvements on land;
loan includes a part of a loan;
local government means a local government or a
person exercising the powers of a local government under the Health
Act 1911 ;
mortgage means any deed, memorandum of mortgage,
instrument or agreement whereby security for repayment of advances or payment
of moneys together with interest (if any) thereon, is made in favour of the
Authority over real or personal property or any estate or interest therein;
officer of the Authority means —
(a) the
chief executive officer of the Authority; and
(b) an
officer referred to in section 17(1)(b); and
(c) an
officer or employee referred to in section 18A(1) whose services the
Authority is making use of;
owner in relation to land means the person for the
time being entitled to receive the rent of the land or premises in connection
with which the word is used (whether on his own account or as the agent of or
trustee for any other person) or who would be entitled to receive the rent if
the land or premises were let at a rent and includes the person who is
purchasing land on terms or deferred payments;
public authority means a department,
instrumentality or agency of the Crown in right of the State or the
Commonwealth, a local government and any other person or body, whether
corporate or not, who or which under the authority of any Act is charged
with the carrying out of any duty whilst acting in the discharge of that duty;
purchase includes to acquire by way of exchange;
repealed Act means the Act repealed by
section 3;
section means section of this Act;
sell includes to dispose of by way of exchange;
street includes any street, road, footway, square,
court, alley or right of way whether a thoroughfare or not;
subsection means subsection of the
section in which the term is used;
tenancy agreement includes a lease or agreement to
lease, and includes any instrument under which any person derives title under
the original tenant;
tenant includes lessee, and includes any person
deriving title under the original tenant;
Treasurer means Treasurer of the State.
(1A) In this Act
unless the contrary intention appears —
(a) a
reference to the erection of a house or other building includes a reference to
the conversion or modification of an existing building;
(b) a
reference to the family of a person is a reference to the spouse, de facto
partner and children of, and the parents or other relatives dependent upon,
that person;
(c) a
reference to land held by the Authority is a reference to any
land —
(i)
vested in or granted to the Authority; or
(ii)
reserved for the use and requirements of the Authority or
for the purposes of this Act; or
(iii)
purchased or otherwise acquired by the Authority; or
(iv)
donated, given, devised or bequeathed to the Authority;
(d) a
reference to a house or other building held by the Authority is a reference to
a house or other building situated on land held by the Authority.
(2) A reference in a
provision of this Act to an eligible person is a reference to a person who
satisfies the conditions of eligibility from time to time determined by the
Authority and approved by the Minister for the purposes of that provision.
(3) The conditions of
eligibility mentioned in subsection (2) shall be determined and approved
by reference to income criteria and, without limiting the generality of the
foregoing, may provide for the incomes of more than one member of a household
to be taken into consideration.
[Section 5 amended by No. 14 of 1996
s. 4; No. 28 of 2003 s. 84; No. 28 of 2006 s. 311 and 332;
No. 77 of 2006 Sch. 1 cl. 87(1); No. 46 of 2009
s. 17; No. 6 of 2010 s. 5; No. 19 of 2010 s. 51.]
[Heading amended by No. 28 of 2006
s. 312.]
[Heading inserted by No. 28 of 2006
s. 313.]