Homes Tasmania (Consequential Amendments) Act 2022
An Act to amend various legislative instruments consequent on the enactment of the Homes Tasmania Act 2022
[Royal Assent 17 October 2022]
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Homes Tasmania (Consequential Amendments) Act 2022 .
The provisions of this Act commence on a day or days to be proclaimed.
PART 2 - Community Housing Providers National Law (Tasmania) Act 2013 Amended
In this Part, the Community Housing Providers National Law (Tasmania) Act 2013 is referred to as the Principal Act.
4. Section 4 amended (Interpretation)
Section 4(2) of the Principal Act is amended by omitting the definitions of Director of Housing and Housing Agency and substituting the following definitions:Homes Tasmania means Homes Tasmania established by section 9(1) of the Homes Tasmania Act 2022;Housing Agency means any of the following:(a) Homes Tasmania;(b) the responsible Department in relation to the Homes Tasmania Act 2022.
5. Section 8 substituted
Section 8 of the Principal Act is repealed and the following section is substituted:For the purposes of the Community Housing Providers National Law (Tasmania) –(a) Homes Tasmania is declared to be a Housing Agency in relation to the definition of community housing asset in section 4 of that Law; and(b) Homes Tasmania is declared to be a Housing Agency in relation to section 10(1)(h) and section 20(4) of that Law; and(c) Homes Tasmania is declared to be a Housing Agency in relation to section 15(2)(c) of that Law.
6. Section 10 amended (Registrar)
Section 10 of the Principal Act is amended as follows:(a) by omitting from subsection (2) "Secretary of the Department may appoint a State Service officer or State Service employee employed in the Department" and substituting "Minister may appoint a State Service officer or State Service employee";(b) by omitting subsection (3) .
PART 3 - Fire Damage Relief Act 1967 Amended
In this Part, the Fire Damage Relief Act 1967 is referred to as the Principal Act.
8. Section 9 amended (Erection of dwelling-houses in certain cases)
Section 9(2) of the Principal Act is amended by omitting " Homes Act 1935 " and substituting "Homes Tasmania Act 2022".
9. Section 10 amended (Special powers of the Minister in relation to the housing of homeless persons)
Section 10 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "the Director of Housing" and substituting "Homes Tasmania";(b) by omitting from subsection (1) "dwelling-house erected under the Homes Act 1935 " and substituting "residential premises, within the meaning of the Homes Tasmania Act 2022, erected under that Act";(c) by omitting from subsection (2) "The Director of Housing may for the purposes of this section use the powers conferred on him by Part III of the Homes Act 1935 " and substituting "Homes Tasmania may for the purposes of this section use the powers conferred on Homes Tasmania under Part 6 of the Homes Tasmania Act 2022";(d) by omitting from subsection (2)(b) "a dwelling-house" and substituting "residential premises, within the meaning of the Homes Tasmania Act 2022,".
10. Section 11 amended (Use of Crown lands)
Section 11(2) of the Principal Act is amended by omitting " Homes Act 1935 " and substituting "Homes Tasmania Act 2022".
PART 4 - First Home Owner Grant Regulations 2021 Amended
In this Part, the First Home Owner Grant Regulations 2021 are referred to as the Principal Regulations.
12. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended by omitting the definition of Director of Housing and substituting the following definition:Homes Tasmania means Homes Tasmania established by section 9(1) of the Homes Tasmania Act 2022.
13. Regulation 5 substituted
Regulation 5 of the Principal Regulations is rescinded and the following regulation is substituted:5. Exclusion of Homes Tasmania from application of section 15 of Act
Homes Tasmania is excluded from the application of section 15 of the Act.
PART 5 - Greater Hobart Act 2019 Amended
In this Part, the Greater Hobart Act 2019 is referred to as the Principal Act.
15. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting the definition of Director of Housing ;(b) by inserting the following definition after the definition of Greater Hobart Objectives :Homes Tasmania means Homes Tasmania established by section 9(1) of the Homes Tasmania Act 2022;
16. Section 7 amended (Greater Hobart Advisory Group)
Section 7(2) of the Principal Act is amended by omitting paragraph (d) and substituting the following paragraph:(d) a person nominated by Homes Tasmania;
PART 6 - HomeBuilder Grants Regulations 2020 Amended
In this Part, the HomeBuilder Grants Regulations 2020 are referred to as the Principal Regulations.
18. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended by omitting the definition of Director of Housing and substituting the following definition:Homes Tasmania means Homes Tasmania established by section 9(1) of the Homes Tasmania Act 2022.
19. Regulation 5 substituted
Regulation 5 of the Principal Regulations is rescinded and the following regulation is substituted:5. Exclusion of Homes Tasmania from application of section 21 of Act
Homes Tasmania is excluded from the application of section 21 of the Act.
PART 7 - Homes (Sale of Mortgages) Act 1993 Amended
In this Part, the Homes (Sale of Mortgages) Act 1993 is referred to as the Principal Act.
21. Section 8 amended (Construction of instruments)
Section 8(2) of the Principal Act is amended by omitting "the Homes Act 1935 " and substituting "the Homes Tasmania Act 2022 or the former Homes Act 1935".
PART 8 - Housing Land Supply Act 2018 Amended
In this Part, the Housing Land Supply Act 2018 is referred to as the Principal Act.
23. Long title amended
The long title of the Principal Act is amended by omitting "the Director of Housing" and substituting "Homes Tasmania".
24. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting the definition of Director of Housing ;(b) by omitting paragraph (b) from the definition of government land and substituting the following paragraph:(b) Homes Tasmania Act land; or(c) by omitting the definition of Homes Act land and substituting the following definitions:Homes Tasmania means Homes Tasmania established by section 9(1) of the Homes Tasmania Act 2022;Homes Tasmania Act land means land acquired, vested in or held under the Homes Tasmania Act 2022 by Homes Tasmania;
25. Section 5 amended (Land that may be declared to be housing supply land)
Section 5 of the Principal Act is amended as follows:(a) by omitting from subsection (1)(b) "Homes Act" and substituting "Homes Tasmania Act";(b) by omitting paragraph (a) from subsection (2) and substituting the following paragraph:(a) there is a need for land to be made available for the purposes of the Homes Tasmania Act 2022; and(c) by omitting from subsection (4) "Homes Act land, without the consent of the Director of Housing" and substituting "Homes Tasmania Act land, without the consent of Homes Tasmania".
26. Part 3 substituted
Part 3 of the Principal Act is repealed and the following Part is substituted:PART 3 - Application of Housing Supply Land for Purposes of Homes Tasmania Act 202216. Housing supply land vests in Homes Tasmania
On the day on which an area of land that is Crown land becomes housing supply land, the area of land is vested in Homes Tasmania.17. Homes Tasmania to ensure housing supply land is developed or used for housing
Homes Tasmania is to take all reasonable steps to ensure that housing supply land is applied for the purposes of the Homes Tasmania Act 2022.18. Former Crown land that is not developed within 10 years may be transferred back to Crown
(1) If an area of land that has vested in Homes Tasmania under section 16 has not, within 10 years after the area of land became housing supply land –the Minister may issue a notice under subsection (2) transferring the area of land from Homes Tasmania to the Crown.(a) been transferred to another person under the Homes Tasmania Act 2022; or(b) been used or developed for the purposes of residential housing, which purposes may include –(i) a use or development, of part of the land, that is necessary or appropriate for the purposes of a subdivision of the area of land for residential purposes; and(ii) a use or development, of part of the land, the zoning of which part remained the same when the zoning of other parts of the area of land was altered under a housing land supply order –(2) The Minister, if permitted to do so under subsection (1) , may, by notice in the Gazette, transfer from Homes Tasmania to the Crown an area of land specified in the notice.(3) On the day on which a notice under subsection (2) appears in the Gazette, or a later day specified in the notice, the area of land specified in the notice is transferred to the Crown.
PART 9 - Land Titles Regulations 2012 Amended
In this Part, the Land Titles Regulations 2012 are referred to as the Principal Regulations.
28. Regulation 19 amended (Prescribed circumstances under sections 52(7)(b) and 137(2)(b)(iii))
Regulation 19 of the Principal Regulations is amended by omitting "the Director of Housing into a hiring agreement under section 37D of the Homes Act 1935 " and substituting "Homes Tasmania into a hiring agreement under the Homes Tasmania Act 2022".
PART 10 - Local Government (Building and Miscellaneous Provisions) Act 1993 Amended
In this Part, the Local Government (Building and Miscellaneous Provisions) Act 1993 is referred to as the Principal Act.
30. Section 80 amended (Interpretation of Part 3)
Section 80(1) of the Principal Act is amended by omitting the definition of movable dwelling unit and substituting the following definition:movable dwelling unit means movable residential premises to which the Homes Tasmania Act 2022 applies;
PART 11 - Property Agents and Land Transactions Regulations 2017 Amended
In this Part, the Property Agents and Land Transactions Regulations 2017 are referred to as the Principal Regulations.
32. Regulation 43 amended (Exemption from application of Act)
Regulation 43 of the Principal Regulations is amended as follows:(a) by omitting the definition of Director of Housing from subregulation (1) and substituting the following definition:Homes Tasmania means Homes Tasmania established by section 9(1) of the Homes Tasmania Act 2022.(b) by omitting paragraph (a) from subregulation (4) and substituting the following paragraph:(a) that is held by Homes Tasmania; or(c) by omitting from subregulation (4)(c) "the Director of Housing" and substituting "Homes Tasmania".
PART 12 - Residential Tenancy Act 1997 Amended
In this Part, the Residential Tenancy Act 1997 is referred to as the Principal Act.
34. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:(a) by omitting the definition of Director of Housing ;(b) by omitting the definition of dwelling-house and substituting the following definition:dwelling-house has the same meaning as residential premises has in the Homes Tasmania Act 2022;(c) by omitting the definition of eligible person and substituting the following definition:eligible person has the same meaning as in the Homes Tasmania Act 2022;(d) by inserting the following definition after the definition of holding fee :Homes Tasmania means Homes Tasmania established under section 9(1) of the Homes Tasmania Act 2022;(e) by omitting " Homes Act 1935 " from the definition of housing support provider and substituting "Homes Tasmania Act 2022";(f) by omitting "the Director of Housing under section 15AB of the Homes Act 1935 " from the definition of rent assistance and substituting "Homes Tasmania under section 50 of the Homes Tasmania Act 2022";(g) by omitting "the Director of Housing" from paragraph (a) of the definition of social housing and substituting "Homes Tasmania";(h) by omitting "the Director of Housing" from paragraph (a) of the definition of social housing provider and substituting "Homes Tasmania".
35. Section 6 amended (Non-application of Act)
Section 6(1)(da) of the Principal Act is amended by omitting "the Director of Housing" and substituting "Homes Tasmania".
36. Section 10 amended (Residential tenancy agreement)
Section 10(1A) of the Principal Act is amended by omitting paragraph (b) and substituting the following :(b) a lease, by Homes Tasmania, of residential premises under the Homes Tasmania Act 2022, for the purposes of enabling the social housing provider to provide residential accommodation to other persons.
37. Section 42 amended (Notice to vacate by owner)
Section 42(1) of the Principal Act is amended by omitting paragraph (dd) and substituting the following paragraph:(dd) that, where the residential tenancy agreement relates to social housing provided by a social housing provider who leases the premises from Homes Tasmania, the lease of the premises from Homes Tasmania has expired or is to expire, or has been, or is to be, terminated by Homes Tasmania;
38. Section 49 amended (Subletting)
Section 49(1AA)(b) of the Principal Act is amended by omitting "the Director of Housing" and substituting "Homes Tasmania".
PART 13 - State Service Act 2000 Amended
In this Part, the State Service Act 2000 is referred to as the Principal Act.
40. Schedule 1 amended (Agencies)
Schedule 1 to the Principal Act is amended by inserting afterin Part 2 the following item:
Environment Protection Authority
Chief executive officer
Homes Tasmania
Chief executive officer
PART 14 - Valuation of Land Act 2001 Amended
In this Part, the Valuation of Land Act 2001 is referred to as the Principal Act.
42. Section 11 amended (Duty of Valuer-General to make valuations)
Section 11(9) of the Principal Act is amended by omitting "a movable dwelling unit erected under Part VIA of the Homes Act 1935 " and substituting "movable residential premises erected under Part 14 of the Homes Tasmania Act 2022".
PART 15 - Legislation repealed
The legislation specified in Schedule 1 is repealed.
PART 16 - Concluding Provision
This Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.
SCHEDULE 1 - Legislation repealed
Homes Act 1935 (No. 98 of 1935) |
[Second reading presentation speech made in:
House of Assembly on 25 AUGUST 2022
Legislative Council on 28 SEPTEMBER 2022]