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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Aboriginal Housing Legislation Amendment Bill 2009 CONTENTS Part 1 -- Preliminary matters 1. Short title 2 2. Commencement 2 Part 2 -- Housing Act 1980 amended 3. Act amended 3 4. Section 4 amended 3 5. Section 5 amended 3 6. Section 12A replaced 3 12A. Joint ventures 3 7. Section 13 replaced 4 13. Delegation: powers and duties generally 4 8. Section 22 amended 5 9. Part VIIA inserted 6 Part VIIA -- Housing on Aboriginal land Division 1 -- Preliminary matters 62A. Terms used 6 Division 2 -- Housing management agreements 62B. Authority may enter into housing management agreement 7 62C. Wishes of Aboriginal inhabitants to be ascertained 8 62D. Lots and houses to which housing management agreement applies 8 62E. Rent for nominated lots and nominated houses 9 62F. Other terms of housing management agreement 9 62G. Application of Residential Tenancies Act 1987 10 086--2 page i Aboriginal Housing Legislation Amendment Bill 2009 Contents 62H. No interest in land created, property acquired or compensation payable 11 62I. No fees or charges payable in respect of housing management agreement 11 62J. Authority may act through agent 12 62K. Delegation: powers and duties in relation to housing management agreement 12 Division 3 -- Miscellaneous matters 62L. Approval of Minister for Indigenous Affairs, AAPA or ALT not required 13 62M. Application of Land Administration Act 1997 14 Part 3 -- Aboriginal Affairs Planning Authority Act 1972 amended 10. Act amended 15 11. Section 33A inserted 15 33A. Power to grant leases over Part III land 15 page ii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Aboriginal Housing Legislation Amendment Bill 2009 A Bill for An Act to amend -- • the Housing Act 1980; and • the Aboriginal Affairs Planning Authority Act 1972, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Aboriginal Housing Legislation Amendment Bill 2009 Part 1 Preliminary matters s. 1 1 Part 1 -- Preliminary matters 2 1. Short title 3 This is the Aboriginal Housing Legislation Amendment 4 Act 2009. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) Part 1 -- on the day on which this Act receives the 8 Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation, 10 and different days may be fixed for different provisions. page 2 Aboriginal Housing Legislation Amendment Bill 2009 Housing Act 1980 amended Part 2 s. 3 1 Part 2 -- Housing Act 1980 amended 2 3. Act amended 3 This Part amends the Housing Act 1980. 4 4. Section 4 amended 5 In section 4: 6 (a) after paragraph (b) insert: 7 8 (ca) the letting and leasing of houses, the provision 9 of services relating to the letting and leasing of 10 houses and the entry into arrangements for the 11 provision of such services; 12 13 (b) in paragraph (d) after "encouragement of " insert: 14 15 and participation in 16 17 5. Section 5 amended 18 In section 5(1) insert in alphabetical order: 19 20 Crown land has the meaning given in the Land 21 Administration Act 1997 section 3(1); 22 23 6. Section 12A replaced 24 Delete section 12A and insert: 25 26 12A. Joint ventures 27 (1) To further the objects of this Act or the Government 28 Employees' Housing Act 1964, subject to 29 subsection (3), the Authority may enter into a joint 30 venture arrangement. page 3 Aboriginal Housing Legislation Amendment Bill 2009 Part 2 Housing Act 1980 amended s. 7 1 (2) Without limiting the powers that the Authority may 2 exercise under either of those Acts for the purposes of 3 participating in and giving effect to a joint venture 4 arrangement relating to a project, the Authority may -- 5 (a) seek and maintain appropriate representation on 6 a board or other body having responsibility for 7 carrying out, managing or controlling the 8 project; and 9 (b) subject to any contract relating to the project -- 10 (i) receive contributions or other moneys 11 relating to the project; and 12 (ii) disburse or distribute, or arrange for the 13 disbursement or distribution of, those 14 contributions or other moneys. 15 (3) The Authority can only enter into a joint venture 16 arrangement -- 17 (a) with the approval of the Minister; and 18 (b) on terms and conditions approved by the 19 Treasurer. 20 21 7. Section 13 replaced 22 Delete section 13 and insert: 23 24 13. Delegation: powers and duties generally 25 (1) The Authority may delegate under this section to an 26 officer of the Authority -- 27 (a) any power or duty of the Authority under this 28 Act, except a power or duty referred to in 29 section 62K(1); or 30 (b) any power or duty of the Authority under the 31 Government Employees' Housing Act 1964. page 4 Aboriginal Housing Legislation Amendment Bill 2009 Housing Act 1980 amended Part 2 s. 8 1 (2) The delegation must be in writing executed by the 2 Authority. 3 (3) An officer to whom a power or duty is delegated under 4 this section cannot delegate that power or duty. 5 (4) An officer exercising or performing a power or duty 6 that has been delegated to the officer under this section 7 is taken to do so in accordance with the terms of the 8 delegation unless the contrary is shown. 9 (5) This section does not limit the ability of the Authority 10 to perform a function through an officer of the 11 Authority or an agent. 12 13 8. Section 22 amended 14 In section 22(1): 15 (a) delete "has power --" and insert: 16 17 has these powers -- 18 19 (b) in paragraph (a) delete "any area in which land held by 20 the Authority is situated, and with the consent of the 21 Minister," and insert: 22 23 any land except Crown land not held by the 24 Authority and 25 26 (c) in paragraph (b) delete "with the consent of the 27 Minister,"; 28 (d) in paragraph (b) delete "held by the Authority"; 29 (e) in paragraph (d) delete "with the consent of the 30 Minister,"; page 5 Aboriginal Housing Legislation Amendment Bill 2009 Part 2 Housing Act 1980 amended s. 9 1 (f) after paragraph (h) insert: 2 3 (ia) to arrange, effect or take out insurance in 4 connection with a matter referred to in 5 paragraphs (a) to (h); 6 7 9. Part VIIA inserted 8 After section 61 insert: 9 10 Part VIIA -- Housing on Aboriginal land 11 Division 1 -- Preliminary matters 12 62A. Terms used 13 In this Part -- 14 AAPA means The Aboriginal Affairs Planning 15 Authority continued in existence under the AAPA Act 16 section 8(1); 17 AAPA Act means the Aboriginal Affairs Planning 18 Authority Act 1972; 19 Aboriginal entity means any of these entities -- 20 (a) AAPA; 21 (b) ALT; 22 (c) a corporation registered under the Corporations 23 (Aboriginal and Torres Strait Islander) 24 Act 2006 (Commonwealth); 25 (d) an incorporated association under the 26 Associations Incorporation Act 1987 the 27 membership of which is wholly or principally 28 composed of persons of Aboriginal descent as 29 defined in the AAPA Act section 4; page 6 Aboriginal Housing Legislation Amendment Bill 2009 Housing Act 1980 amended Part 2 s. 9 1 (e) an entity prescribed by the regulations for this 2 definition; 3 Aboriginal land means -- 4 (a) Crown land; or 5 (b) freehold land that is owned by AAPA, ALT or 6 the State, 7 over which an Aboriginal entity has power to grant a 8 lease; 9 ALT means the Aboriginal Lands Trust established by 10 the AAPA Act section 20(1); 11 housing management agreement means an agreement 12 entered into under section 62B(1); 13 lease includes a sublease; 14 nominated house, in relation to a housing management 15 agreement, has the meaning given in section 62D(2); 16 nominated lot, in relation to a housing management 17 agreement, has the meaning given in section 62D(1); 18 residential tenancy agreement has the meaning given 19 in the Residential Tenancies Act 1987 section 3. 20 Division 2 -- Housing management agreements 21 62B. Authority may enter into housing management 22 agreement 23 (1) The Authority may enter into a housing management 24 agreement in respect of Aboriginal land with an 25 Aboriginal entity. 26 (2) The purpose of a housing management agreement is to 27 enable the Authority to control and manage, on behalf 28 of the Aboriginal entity, the letting and leasing of 29 housing on the Aboriginal land. page 7 Aboriginal Housing Legislation Amendment Bill 2009 Part 2 Housing Act 1980 amended s. 9 1 (3) This Part does not require the Authority to enter into a 2 housing management agreement with an Aboriginal 3 entity. 4 62C. Wishes of Aboriginal inhabitants to be ascertained 5 The Authority cannot -- 6 (a) enter into a housing management agreement; or 7 (b) list under section 62D a lot or house as a lot or 8 house in relation to which a housing 9 management agreement applies, 10 unless the Authority is satisfied that doing so would 11 accord with the wishes of the Aboriginal inhabitants of 12 the Aboriginal land to the extent those wishes can be 13 ascertained and are practicable. 14 62D. Lots and houses to which housing management 15 agreement applies 16 (1) A housing management agreement applies in relation 17 to a lot (a nominated lot) that is listed in the housing 18 management agreement for the period specified for the 19 lot in the housing management agreement. 20 (2) A housing management agreement applies in relation 21 to a house (a nominated house) that -- 22 (a) is on a nominated lot; and 23 (b) is listed in the housing management agreement, 24 for the period specified for the house in the housing 25 management agreement. 26 (3) A housing management agreement must provide for 27 these matters -- 28 (a) a lot to be added to, or removed from, the list 29 referred to in subsection (1); page 8 Aboriginal Housing Legislation Amendment Bill 2009 Housing Act 1980 amended Part 2 s. 9 1 (b) a house to be added to, or removed from, the 2 list referred to in subsection (2)(b); 3 (c) a period referred to in subsection (1) or (2) to 4 be varied. 5 62E. Rent for nominated lots and nominated houses 6 (1) In this section -- 7 rent has the meaning given in the Residential 8 Tenancies Act 1987 section 3. 9 (2) Rent for the let or lease of a nominated lot or 10 nominated house is payable to the Authority. 11 (3) The amount of rent payable is the amount determined 12 by the Authority and approved by the Minister. 13 (4) A determination under subsection (3) may provide for 14 all or any of these matters -- 15 (a) the payment of different rents in respect of 16 different nominated lots or nominated houses or 17 different classes of nominated lots or 18 nominated houses; 19 (b) the payment of different rents by tenants of 20 different classes; 21 (c) the allowance of rebates in the circumstances 22 and subject to the conditions specified in the 23 determination. 24 62F. Other terms of housing management agreement 25 A housing management agreement must provide for 26 these matters -- 27 (a) the Authority to determine, subject to this Part 28 and the Residential Tenancies Act 1987 as 29 applied by section 62G(1), the terms of a 30 residential tenancy agreement in respect of a 31 nominated lot or nominated house; page 9 Aboriginal Housing Legislation Amendment Bill 2009 Part 2 Housing Act 1980 amended s. 9 1 (b) the Authority to decide, having regard to the 2 wishes of the Aboriginal inhabitants of the 3 Aboriginal land to the extent those wishes can 4 be ascertained and are practicable, to whom a 5 nominated lot or nominated house can be let or 6 leased; 7 (c) the Authority to execute, on behalf of the 8 Aboriginal entity as lessor, a residential tenancy 9 agreement in respect of a nominated lot or 10 nominated house; 11 (d) the period for which the housing management 12 agreement has effect; 13 (e) the early termination of the housing 14 management agreement, but only if the parties 15 to the agreement agree to the early termination; 16 (f) the variation of the housing management 17 agreement, but only if the parties to the 18 agreement agree to the variation; 19 (g) the effect of early termination or variation of 20 the housing management agreement on a 21 residential tenancy agreement executed by the 22 Authority under the housing management 23 agreement; 24 (h) any other matters prescribed by the regulations 25 for this section. 26 62G. Application of Residential Tenancies Act 1987 27 (1) Subject to this Part and the housing management 28 agreement, the Residential Tenancies Act 1987 applies 29 in relation to the let or lease of a nominated lot or 30 nominated house as if -- 31 (a) the nominated lot or nominated house were 32 residential premises as defined in section 3 of 33 that Act; and page 10 Aboriginal Housing Legislation Amendment Bill 2009 Housing Act 1980 amended Part 2 s. 9 1 (b) the Authority were the owner, as defined in 2 section 3 of that Act, of those premises. 3 (2) However, the Authority is not to be treated as the 4 owner of a nominated lot or nominated house for any 5 other purpose. 6 62H. No interest in land created, property acquired or 7 compensation payable 8 (1) A housing management agreement does not create any 9 interest in Aboriginal land in favour of the Authority. 10 (2) A housing management agreement is not an acquisition 11 of property. 12 (3) Compensation is not payable under any written law to 13 an Aboriginal entity or other person because -- 14 (a) an Aboriginal entity enters into a housing 15 management agreement; or 16 (b) the Authority does anything that it is required 17 or permitted to do under a housing management 18 agreement. 19 62I. No fees or charges payable in respect of housing 20 management agreement 21 A party to a housing management agreement cannot 22 require the payment of a fee or charge for -- 23 (a) entering into the housing management 24 agreement; or 25 (b) doing anything that the party is required or 26 permitted to do under the housing management 27 agreement. page 11 Aboriginal Housing Legislation Amendment Bill 2009 Part 2 Housing Act 1980 amended s. 9 1 62J. Authority may act through agent 2 (1) The Authority may enter into an agreement (an agency 3 agreement) with a person or body under which the 4 person or body is authorised to exercise as the 5 Authority's agent all or any of the powers conferred on 6 the Authority under a housing management agreement. 7 (2) The powers conferred on the Authority's agent under 8 the agency agreement are exercisable by the 9 Authority's agent in accordance with this Act, the 10 housing management agreement and the agency 11 agreement. 12 (3) The agency agreement may provide for the payment of 13 a fee by the Authority to the Authority's agent or 14 another person for anything that the Authority's agent 15 is required or permitted to do under the agency 16 agreement. 17 62K. Delegation: powers and duties in relation to housing 18 management agreement 19 (1) The Authority may delegate under this section to an 20 officer of the Authority any power or duty of the 21 Authority under any of these provisions -- 22 (a) another provision of this Division; 23 (b) a provision of a housing management 24 agreement; 25 (c) a provision of a residential tenancy agreement 26 in respect of a nominated lot or nominated 27 house; 28 (d) a provision of the Residential Tenancies 29 Act 1987 as applied by section 62G(1). 30 (2) The delegation must be in writing executed by the 31 Authority. page 12 Aboriginal Housing Legislation Amendment Bill 2009 Housing Act 1980 amended Part 2 s. 9 1 (3) An officer to whom a power or duty is delegated under 2 this section cannot delegate that power or duty. 3 (4) An officer exercising or performing a power or duty 4 that has been delegated to the officer under this section 5 is taken to do so in accordance with the terms of the 6 delegation unless the contrary is shown. 7 (5) This section does not limit the ability of the Authority 8 to perform a function through an officer of the 9 Authority or an agent. 10 Division 3 -- Miscellaneous matters 11 62L. Approval of Minister for Indigenous Affairs, AAPA 12 or ALT not required 13 (1) In this section -- 14 Minister for Indigenous Affairs means the Minister to 15 whom the administration of the AAPA Act is 16 committed. 17 (2) Subsection (3) applies despite -- 18 (a) the AAPA Act and any other written law; and 19 (b) the terms and conditions of the grant of any 20 interest, licence, right, title or estate under any 21 written law by -- 22 (i) the Minister for Indigenous Affairs; or 23 (ii) AAPA; or 24 (iii) ALT. 25 (3) The prior approval or consent of the Minister for 26 Indigenous Affairs, AAPA or ALT is not required for a 27 person -- 28 (a) to enter into -- 29 (i) a housing management agreement; or page 13 Aboriginal Housing Legislation Amendment Bill 2009 Part 2 Housing Act 1980 amended s. 9 1 (ii) a residential tenancy agreement in 2 respect of a nominated lot or nominated 3 house; 4 or 5 (b) to do anything the person is required or 6 permitted to do under an agreement referred to 7 in paragraph (a). 8 62M. Application of Land Administration Act 1997 9 (1) In this section -- 10 reserved Aboriginal land means Aboriginal land that is 11 Crown land reserved for the purpose of the use and 12 benefit of Aboriginal inhabitants (however that purpose 13 is described). 14 (2) This Part does not affect the application of the Land 15 Administration Act 1997 in relation to Aboriginal land 16 that is Crown land. 17 (3) To avoid doubt, it is declared that the letting and 18 leasing of housing on reserved Aboriginal land is, and 19 always has been, consistent with the purpose for which 20 that land is reserved. 21 page 14 Aboriginal Housing Legislation Amendment Bill 2009 Aboriginal Affairs Planning Authority Act 1972 amended Part 3 s. 10 1 Part 3 -- Aboriginal Affairs Planning Authority 2 Act 1972 amended 3 10. Act amended 4 This Part amends the Aboriginal Affairs Planning Authority 5 Act 1972. 6 11. Section 33A inserted 7 At the end of Part III insert: 8 9 33A. Power to grant leases over Part III land 10 (1) To avoid doubt, it is declared that the Authority has, 11 and has always had, power to grant a lease over land 12 whenever vested in the Authority under section 27. 13 (2) To avoid doubt, it is declared that the powers delegated 14 to the Trust by a proclamation whenever made under 15 section 24 in respect of land to which this Part applies 16 include, and have always included, power to grant a 17 lease over that land unless the proclamation expressly 18 excludes that power. 19 20
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