Housing Amendment Act 2016

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1 Title

This Act is the Housing Amendment Act 2016.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the Housing Act 1955 (the principal Act).

4 Section 2 amended (Interpretation)

In section 2(1), insert in its appropriate alphabetical order:

Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act

5 New section 2A inserted (Minister may exclusively administer land declared subject to this section)

After section 2, insert:

2A Minister may exclusively administer land declared subject to this section


The Minister may, after notifying the Corporation and by notice in the Gazette, declare any State housing land or class of State housing land (including any dwellings, other buildings, and chattels on that land) to be land that is subject to this section (section 2A land).


The effect of a declaration is that the Minister, to the exclusion of the Corporation, has and may perform and exercise the functions, powers, and duties of the Corporation under this Act in respect of section 2A land.


However, sections 32 to 34 do not apply in respect of section 2A land.


The Corporation is not responsible or liable for the Minister’s performance or exercise of functions, powers, or duties under subsection (2).


A declaration made under subsection (1) is a disallowable instrument but not a legislative instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.


All amounts payable to the Crown in respect of section 2A land (including all amounts that, if this Act had not been passed, would have been payable into the Housing Account (if any)) must be paid to a Crown Bank Account.


The Ministry must include in its annual report under section 43 of the Public Finance Act 1989 a report on the operations in respect of section 2A land for the relevant financial year.

Legislative history

17 February 2016

Divided from Social Housing Reform (Transaction Mandate) Bill (Bill 42–2) as Bill 42–3A

18 February 2016

Third reading

24 February 2016

Royal assent

This Act is administered by the Ministry of Business, Innovation, and Employment.