Federal Register of Legislation - Australian Government

Primary content

Housing Legislation Amendment Act 1995

  • - C2004A04902
  • No longer in force
Act No. 49 of 1995 as made
An Act to amend certain legislation relating to housing, and for related purposes
Date of Assent 23 Jun 1995
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

HOUSING LEGISLATION AMENDMENT ACT 1995 No. 49, 1995

Making Information
- Assented to 23 June 1995

HOUSING LEGISLATION AMENDMENT ACT 1995 No. 49 of 1995 - LONG TITLE

An Act to amend certain legislation relating to housing,
and for related purposes

HOUSING LEGISLATION AMENDMENT ACT 1995 No. 49 of 1995 - SECT 1
Short title

1. This Act may be cited as the Housing Legislation Amendment Act 1995.


(Minister's second reading speech made in-
House of Representatives on 9 May 1995
Senate on 11 May 1995)

HOUSING LEGISLATION AMENDMENT ACT 1995 No. 49 of 1995 - SECT 2
Commencement

2. This Act commences on the day on which it receives the Royal Assent.

HOUSING LEGISLATION AMENDMENT ACT 1995 No. 49 of 1995 - SECT 3
Schedule

3. The Acts specified in the Schedule to this Act are amended in accordance with the applicable items in the Schedule, and the other items in the Schedule have effect according to their terms.

HOUSING LEGISLATION AMENDMENT ACT 1995 No. 49 of 1995 - SCHEDULE 1

SCHEDULE Section 3
PART 1-AMENDMENTS OF THE FIRST HOME OWNERS ACT 1983
1. After subsection 27(1):
Insert:
"(1A) Subsection (1) ceases to have effect on 31 August 1995.".
2. Subsection 27(2):
Omit "A person", substitute "Subject to subsection (2A), a person".
3. Subsection 27(2):
Omit ", within such time (if any) as is prescribed,".
4. After subsection 27(2):
Insert:
"(2A) A request under subsection (2) must be in writing and furnished
to the Secretary not later than:
(a) the end of the period of 28 days after the day on which notice of
the decision was served on the person making the request; or
(b) 31 August 1995;
whichever is the later.".
5. Paragraph 28(1)(a):
Omit "subsection 27(2)", substitute "subsections 27(2) and (2A)".
6. Section 41:
Add at the end:
"(3) The Secretary is not required by subsection (1) to furnish a
report as to the administration and operation of this Act during any
year after the year ending on 30 June 1995.".
7. Application
The amendments made by items 2, 3 and 4 apply to:
(a) a decision made after the commencement of this Act; and
(b) a decision made before the commencement of this Act in respect of
which a request for reconsideration had not been made under subsection
27(2) of the First Home Owners Act 1983 before that commencement.


PART 2-AMENDMENTS OF THE HOME DEPOSIT ASSISTANCE ACT 1982
1. Section 45:
Omit "46 and 47", substitute "46, 47 and 48".
2. Section 46:
Add at the end:
"(2) This section ceases to have effect on 31 August 1995.".
3. Subsection 47(1):
Omit "A person", substitute "Subject to subsection (3), a person".
4. Subsection 47(1):
Omit ", within such time (if any) as is prescribed,".
5. Section 47:
Add at the end:
"(3) A request under subsection (1) must be in writing and furnished
to the Secretary not later than:
(a) the end of the period of 28 days after the day on which notice of
the decision was served on the person making the request; or
(b) 31 August 1995;
whichever is the later.".
6. Section 48:
Repeal the section, substitute:
Making and notification of decisions
"48.(1) A decision of the Secretary must be in writing.
"(2) Written notice of a decision of the Secretary must be served by
post on the applicant, or on each of the applicants, as the case may
be.
"(3) A notice under subsection (2) of a decision of the Secretary
(other than a decision made under section 47) must include a statement
to the effect that:

Back to Top

(a) the applicant may, if dissatisfied with the decision, request a
reconsideration of the decision by the Secretary under section 47; and
(b) the applicant may, subject to the Administrative Appeals Tribunal
Act 1975, if dissatisfied with a decision made by the Secretary on the
reconsideration confirming or varying the first-mentioned decision,
make application to the Administrative Appeals Tribunal for review of
the decision so confirmed or varied.
"(4) Notice under subsection (2) of a decision made on a
reconsideration under section 47 must include a statement to the effect
that a person affected by the decision may, if dissatisfied with the
decision, make application to the Administrative Appeals Tribunal for
review of the decision.".
7. Application
The amendments made by items 3, 4 and 5 apply to:
(a) a decision made after the commencement of this Act; and
(b) a decision made before the commencement of this Act in respect of
which a request for reconsideration had not been made under
section 47 of the Home Deposit Assistance Act 1982 before that
commencement.


PART 3-AMENDMENTS OF THE HOMES SAVINGS GRANT ACT 1964
1. Section 9:
Add at the end:
"(2) A determination, direction, decision or approval of an officer
(including the Secretary) under this Act must be in writing.
"(3) Notice of a determination, direction, decision or approval of an
officer (including the Secretary) must be served by post on the
applicant, or on each of the applicants, as the case may be.".
2. Section 10:
Add at the end:
"(2) This section ceases to have effect on 31 August 1995.".
3. Section 11:
Omit "A person", substitute "Subject to subsection (2), a person".
4. Section 11:
Omit "(other than a determination, direction, decision or approval of
the Secretary) may, within such time (if any) as is prescribed,",
substitute "(including a determination, direction, decision or approval
of the Secretary) may".
5. Section 11:
Add at the end:
"(2) An appeal must be in writing and furnished to the Secretary not
later than:
(a) the end of the period of 28 days after the day on which notice of
the decision was served on the appellant; or
(b) 31 August 1995;
whichever is the later.".
6. Application
The amendments made by items 3, 4 and 5 apply to:
(a) a determination, direction, decision or approval made or given
after the commencement of this Act; and
(b) a determination, direction, decision or approval made or given
before the commencement of this Act in respect of which an appeal had
not been made under section 11 of the Homes Savings Grant Act 1964
before that commencement.


PART 4-AMENDMENTS OF THE HOMES SAVINGS GRANT ACT 1976
1. Section 37:
Omit "38, 39", substitute "38, 39, 39A".
2. Section 38:
Add at the end:
"(2) This section ceases to have effect on 31 August 1995.".
3. Subsection 39(1):
Omit "A person", substitute "Subject to subsection (3), a person".
4. Subsection 39(1):
Omit ", within such time (if any) as is prescribed,".
5. Section 39:
Add at the end:
"(3) A request under subsection (1) must be in writing and furnished
to the Secretary not later than:
(a) the end of the period of 28 days after the day on which notice of
the decision was served on the person making the request; or
(b) 31 August 1995;
whichever is the later.".
6. After section 39:
Insert:
Making and notification of decisions
"39A.(1) A decision of the Secretary must be in writing.
"(2) Written notice of a decision of the Secretary must be served by
post on the applicant, or on each of the applicants, as the case may
be.
"(3) A notice under subsection (2) of a decision of the Secretary
(other than a decision made under section 39) must include a statement
to the effect that:
(a) the applicant may, if dissatisfied with the decision, request a
reconsideration of the decision by the Secretary under section 39; and
(b) the applicant may, subject to the Administrative Appeals Tribunal
Act 1975, if dissatisfied with a decision made by the Secretary on the
reconsideration confirming or varying the first-mentioned decision,
make application to the Administrative Appeals Tribunal for review of
the decision so confirmed or varied.
"(4) Notice under subsection (2) of a decision made on a
reconsideration under section 39 must include a statement to the effect
that a person affected by the decision may, if dissatisfied with the
decision, make application to the Administrative Appeals Tribunal for
review of the decision.".
7. Application
The amendments made by items 3, 4 and 5 apply to:
(a) a decision made after the commencement of this Act; and
(b) a decision made before the commencement of this Act in respect of
which a request had not been made under section 39 of the Homes Savings
Grant Act 1976 before that commencement.


PART 5-AMENDMENTS OF THE HOUSING ASSISTANCE ACT 1989
1. Subsection 15(2A):
Omit "sixth grant year", substitute "sixth or seventh grant year".
2. Subsection 15A(2):
Omit "fifth grant year or the sixth grant year", substitute "fifth,
sixth or seventh grant year".