Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Housing Finance and
Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
No. , 2023
(Dr Haines)
A Bill for an Act to amend the
National Housing
Finance and Investment Corporation Act 2018
, and
for related purposes
No. , 2023
National Housing Finance and Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Schedules .............................................................................. 2
Schedule 1--Main amendments
3
National Housing Finance and Investment Corporation Act 2018
3
Schedule 2--Contingent amendments
10
Housing Australia Act 2018
10
No. , 2023
National Housing Finance and Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
1
A Bill for an Act to amend the
National Housing
1
Finance and Investment Corporation Act 2018
, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
National Housing Finance and Investment
6
Corporation Amendment (Unlocking Regional Housing)
Act 2023
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
National Housing Finance and Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
No. , 2023
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere
covered by this
table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent
3. Schedule 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
Part 1 of Schedule 2 to the
Treasury
Laws Amendment (Housing Measures
No. 1) Act 2023
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Main amendments
Schedule 1
No. , 2023
National Housing Finance and Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
3
Schedule 1--Main amendments
1
2
National Housing Finance and Investment Corporation Act
3
2018
4
Note:
This Schedule amends the
National Housing Finance and Investment Corporation Act
5
2018
. If, at or before the commencement of this Schedule, another Act amends that
6
short title, then references in this Schedule to that short title are instead references to
7
that short title as amended by the other Act (see section 10 of the
Acts Interpretation Act
8
1901
).
9
1 Paragraph 3(c)
10
Omit all the words after "that complement,", substitute:
11
leverage or support activities of any of the following that
12
relate to housing:
13
(i) the Commonwealth;
14
(ii) a State or Territory;
15
(iii) a local governing body;
16
(iv) a government-owned utility provider; and
17
2 After paragraph 3(c)
18
Insert:
19
(ca) providing finance, grants or investments that support the
20
provision of housing-enabling infrastructure, including for
21
housing in regional, rural or remote Australia; and
22
3 Section 5
23
Insert:
24
government-owned utility provider
means a utility provider that:
25
(a) is owned by a State or Territory; and
26
(b) if owned by a State--either forms part of the State or is a
27
corporation to which paragraph 51(xx) of the Constitution
28
applies.
29
housing
-
enabling infrastructure
means:
30
(a) critical infrastructure to support new housing (particularly
31
new social or affordable housing), including new or upgraded
32
infrastructure for services such as:
33
Schedule 1
Main amendments
4
National Housing Finance and Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
No. , 2023
(i) water or sewerage; or
1
(ii) electricity or telecommunications; or
2
(iii) transportation (for example, gutters, kerbs, footpaths
3
and roads); or
4
(b) site remediation works relating to new housing (particularly
5
new social or affordable housing), including the removal of
6
hazardous waste or contamination.
7
local governing body
has the same meaning as in the
Local
8
Government (Financial Assistance) Act 1995
.
9
regional, rural or remote Australia
means the following areas:
10
(a) inner regional Australia;
11
(b) outer regional Australia;
12
(c) remote Australia;
13
(d) very remote Australia;
14
as defined in the document titled "Australian Statistical Geography
15
Standard (ASGS): Volume 5--Remoteness Structure, July 2016",
16
published by the Australian Statistician, as amended from time to
17
time.
18
Note:
This Standard could in 2023 be viewed on the ABS website
19
20
4 After paragraph 8(1)(d)
21
Insert:
22
(da) to proactively:
23
(i) promote the functions conferred by this section; and
24
(ii) identify projects that could benefit from loans,
25
investments or grants covered by this section; and
26
(iii) assist project proponents to apply for loans, investments
27
or grants covered by this section; and
28
(db) to give the Minister quarterly updates on:
29
(i) the provision of loans, investments or grants covered by
30
this section; and
31
(ii) projects for which applications for such loans,
32
investments or grants are pending; and
33
Main amendments
Schedule 1
No. , 2023
National Housing Finance and Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
5
5 At the end of subsection 8(1)
1
Add:
2
Note:
The Minister must table each quarterly report received under
3
paragraph (db) in each House of the Parliament (see section 56A).
4
6 At the end of section 8
5
Add:
6
Providing appropriate ongoing support to regional, rural or
7
remote Australia--safeguard
8
(4) As soon as practicable after this subsection commences, the
9
Minister must scrutinise the action that needs to be taken to ensure
10
that, in each financial year, regional, rural or remote Australia
11
receives at least 30% of the total value of the support the NHFIC
12
provides under this Act in that financial year.
13
Note:
The Minister must report on this (see section 56B).
14
(5) For the purposes of subsection (4):
15
action
includes amending this Act, an instrument under this Act, or
16
any other law.
17
support
includes:
18
(a) loans, investments, grants and guarantees; and
19
(b) financial assistance to States and Territories; and
20
(c) financial assistance to local governing bodies through grants
21
of financial assistance to States and Territories; and
22
(d) financial assistance to government-owned utility providers
23
through grants of financial assistance to States and
24
Territories.
25
Note:
For paragraph (c) or (d), a term or condition for a grant of financial
26
assistance to a State or Territory may be that the State or Territory
27
give financial assistance to local governing bodies or
28
government-owned utility providers.
29
7 After subparagraph 13(b)(ii)
30
Insert:
31
Schedule 1
Main amendments
6
National Housing Finance and Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
No. , 2023
(iiaa) granting financial assistance to local governing bodies
1
through granting financial assistance to States and
2
Territories;
3
(iiab) granting financial assistance to government-owned
4
utility providers through granting financial assistance to
5
States and Territories;
6
8 At the end of paragraph 13(c)
7
Add:
8
(iv) granting financial assistance to local governing bodies
9
through granting financial assistance to States and
10
Territories;
11
(v) granting financial assistance to government-owned
12
utility providers through granting financial assistance to
13
States and Territories;
14
9 At the end of section 13
15
Add:
16
Note:
For subparagraph (b)(iiaa) or (iiab), or (c)(iv) or (v), a term or
17
condition for a grant of financial assistance to a State or Territory may
18
be that the State or Territory give financial assistance to local
19
governing bodies or government-owned utility providers.
20
10 Section 14
21
Before "The Minister", insert "(1)".
22
11 At the end of section 14
23
Add:
24
(2) The Minister must:
25
(a) within 90 days after this subsection commences, prepare a
26
report that explains:
27
(i) why paragraph 21A(1)(c) of the
National Housing
28
Finance and Investment Corporation Investment
29
Mandate Direction 2018
is necessary; and
30
(ii) how that paragraph is consistent with the object of this
31
Act; and
32
Main amendments
Schedule 1
No. , 2023
National Housing Finance and Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
7
(b) cause a copy of the report to be tabled in each House of the
1
Parliament on or before the first sitting day of that House
2
after the end of those 90 days.
3
Note:
That paragraph of the Investment Mandate provides that
4
housing-enabling infrastructure projects cannot provide for
5
community infrastructure, such as parks, day-care centres or libraries.
6
12 After paragraph 18(2)(e)
7
Insert:
8
(ea) housing needs in regional, rural or remote Australia;
9
13 At the end of subsection 18(3)
10
Add:
11
; and (c) at least one Board member has appropriate qualifications,
12
skills or experience in housing needs in regional, rural or
13
remote Australia.
14
14 After subparagraph 56(b)(i)
15
Insert:
16
(ia) how that amount was distributed, including setting out
17
the portion of that amount distributed to each State and
18
Territory, to each local governing body, and to each
19
area of regional, rural or remote Australia; and
20
15 At the end of section 56 (before the note)
21
Add:
22
; (d) a summary of how the functions conferred by
23
paragraph 8(1)(da) (about proactively informing, identifying
24
and assisting possible project proponents) have been
25
performed during the period;
26
(e) an explanation of any risks that the content of the Investment
27
Mandate poses to the successful performance of the functions
28
set out in subsection 8(1);
29
(f) a summary that sets out:
30
(i) the number of applications received by the NHFIC
31
during the period that included seeking financial support
32
for community infrastructure, such as parks, day-care
33
centres or libraries; and
34
Schedule 1
Main amendments
8
National Housing Finance and Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
No. , 2023
(ii) whether the NHFIC refused to provide any of that
1
financial support because of paragraph 21A(1)(c) of the
2
National Housing Finance and Investment Corporation
3
Investment Mandate Direction 2018
; and
4
(iii) the impact of those refusals on the operations of the
5
NHFIC.
6
16 Section 56 (note)
7
Repeal the note, substitute:
8
Note 1:
For subparagraph (b)(ia), the areas of regional, rural or remote
9
Australia are the areas listed in the definition of
regional, rural or
10
remote Australia
in section 5 and defined in the ABS Standard
11
mentioned in that definition.
12
Note 2:
For subparagraph (f)(ii), that paragraph of the Investment Mandate
13
provides that housing-enabling infrastructure projects cannot provide
14
for community infrastructure, such as parks, day-care centres or
15
libraries.
16
Note 3:
Section 46 of the
Public Governance, Performance and
17
Accountability Act 2013
requires the Board to prepare annual reports.
18
17 After section 56
19
56A Quarterly updates given to the Minister
20
The Minister must cause a copy of each update described in
21
paragraph 8(1)(db) to be tabled in each House of the Parliament
22
within 15 sitting days of that House after the update is given to the
23
Minister.
24
56B Reports about action to ensure that regional, rural or remote
25
Australia receives appropriate ongoing support
26
(1) Within 90 days after this section commences, the Minister must
27
prepare a report on:
28
(a) what the Minister has done, or plans to do, to ensure the
29
result mentioned in subsection 8(4); or
30
(b) if the Minister has not done, and does not plan to do,
31
anything--the Minister's reasons for this.
32
Main amendments
Schedule 1
No. , 2023
National Housing Finance and Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
9
(2) The Minister must cause a copy of the report to be tabled in each
1
House of the Parliament on or before the first sitting day of that
2
House after the end of those 90 days.
3
18 After section 57A
4
Insert:
5
57AA Review of financing function
6
(1) The Minister must cause a review of the NHIF (within the meaning
7
of the
National Housing Finance and Investment Corporation
8
Investment Mandate Direction 2018
) to be commenced within 3
9
months after the end of:
10
(a) the period beginning on the day this section commences and
11
ending 12 months after that day; and
12
(b) each subsequent 12 month period.
13
(2) The persons undertaking the review must give the Minister a
14
written report of the review within 3 months of the commencement
15
of the review.
16
(3) The Minister must cause a copy of the report to be tabled in each
17
House of the Parliament within 15 sitting days of that House after
18
the report is given to the Minister.
19
Schedule 2
Contingent amendments
10
National Housing Finance and Investment Corporation Amendment
(Unlocking Regional Housing) Bill 2023
No. , 2023
Schedule 2--Contingent amendments
1
2
Housing Australia Act 2018
3
1 Paragraphs 8(1)(da) and (db)
4
Omit "loans, investments or grants" (wherever occurring), substitute
5
"loans or grants".
6
2 Subsection 8(4)
7
Omit "the NHFIC", substitute "Housing Australia".
8
3 Paragraph 8(5)(a)
9
Omit "loans, investments, grants and guarantees", substitute "loans,
10
grants and guarantees".
11
4 Subparagraph 56(b)(ii)
12
Omit "Commonwealth.", substitute "Commonwealth;".
13
5 Paragraph 56(d)
14
Omit "; (d)", substitute "(d)".
15
6 Paragraph 56(f)
16
Omit "the NHFIC" (wherever occurring), substitute "Housing
17
Australia".
18
7 Section 57AA
19
Repeal the section.
20