Federal Register of Legislation - Australian Government

Primary content

Housing Assistance Act 1984

Act No. 138 of 1984 as amended, taking into account amendments up to Act No. 202 of 1992
Registered 26 Nov 2009
Start Date 21 Dec 1992
End Date 21 Feb 2005
Date of repeal 17 Oct 2014
Repealed by Omnibus Repeal Day (Autumn 2014) Act 2014

HOUSING ASSISTANCE ACT 1984
- Updated as at 14 September 1993 (HISTACT CHAP 1342 #DATE 14:09:1993)

*1* The Housing Assistance Act 1984 as shown in this reprint comprises Act No. 138, 1984 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Housing Assistance Act 1984
138, 1984 25 Oct 1984 S. 17: 1 July 1984
Remainder: Royal
Assent
Housing Assistance Amendment Act 1987
146, 1987 26 Dec 1987 26 Dec 1987 -
Housing Assistance Act 1989
7, 1990 17 Jan 1990 S. 21: 1 July 1989 S. 3 (am.
Remainder: Royal by 202,
Assent 1992, s. 3)
S. 21 (2)
as
amended
by
202, 1992 21 Dec 1992 21 Dec 1992 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 8 am. No. 146, 1987; No. 7, 1990
S. 11 am. No. 146, 1987

HOUSING ASSISTANCE ACT 1984 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Execution of agreements authorised
5. Variation of agreement to be laid before each House
6. Grants for specific housing assistance and other
purposes
7. Loans
8. Appropriation
9. Allocation of grants and loans amongst States
10. Unmatched funds
11. Re-allocation or retention of specific housing grants
12. Advances on account of money expected to become payable
under sections 6 and 7
13. Authority to borrow
14. Application of money borrowed
15. Reimbursement of Consolidated Revenue Fund from Loan
Fund
16. Annual report by Minister
17. Amendment of 1981 Act
SCHEDULE 1
Section 4
An Agreement
SCHEDULE 2
States

HOUSING ASSISTANCE ACT 1984 - LONG TITLE

SECT

An Act relating to financial assistance to the States and to
the Northern Territory for the purpose of housing

HOUSING ASSISTANCE ACT 1984 - SECT 1
Short title

SECT

1. This Act may be cited as theHousing Assistance Act 1984.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

HOUSING ASSISTANCE ACT 1984 - SECT 2
Commencement

SECT

2.*1* (1) This Act, other than section 17, shall come into operation on the day on which it receives the Royal Assent.

(2) Section 17 shall be deemed to have come into operation on 1 July 1984. SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

HOUSING ASSISTANCE ACT 1984 - SECT 3
Interpretation

SECT

3. (1) In this Act, unless the contrary intention appears:
"grant" means a payment to a State, by way of financial assistance to that State, under section 6;
"loan" means a loan to a State, by way of financial assistance to that State, under section 7;
"period to which this Act applies" means the period commencing on 1 July 1984 and ending on 30 June 1994;
"State" includes the Northern Territory;
"year to which this Act applies" means the year commencing on 1 July 1984 or any succeeding year during the period to which this Act applies.

(2) A reference in this Act to money, or to an amount, appropriated for a relevant purpose is a reference to money, or an amount, appropriated:
(a) for the purpose of making grants;
(b) for the purpose of making loans; or
(c) for the purpose of making payments by way of grants or loans.

HOUSING ASSISTANCE ACT 1984 - SECT 4
Execution of agreements authorised

SECT

4. The execution, by or on behalf of the Commonwealth, of an agreement between the Commonwealth and any State or States substantially in accordance with the form contained in Schedule 1 (including any agreement to be entered into, from time to time, in accordance with the provisions of that first-mentioned agreement that relate to the variation of that agreement) is authorized.

HOUSING ASSISTANCE ACT 1984 - SECT 5
Variation of agreement to be laid before each House

SECT

5. Where:
(a) an agreement (in this section referred to as the "principal agreement") is entered into between the Commonwealth and a State pursuant to section 4; and
(b) in accordance with the provisions of the principal agreement relating to the variation of that agreement, a further agreement is entered into between the Commonwealth and the State;
the Minister shall cause a copy of the further agreement to be laid before each House of the Parliament within 15 sitting days of that House after the entering into of the further agreement.

HOUSING ASSISTANCE ACT 1984 - SECT 6
Grants for specific housing assistance and other purposes

SECT

6. (1) Subject to this Act, the Minister may, during a year to which this Act applies, if an agreement has been entered into between the Commonwealth and a State pursuant to this Act, authorize the payment to the State, by way of financial assistance, of such amounts as the Minister determines to be appropriate:
(a) for expenditure by the State in respect of that year for any purpose of specific housing assistance referred to in the agreement; or
(b) for expenditure by the State in respect of that year for any purpose related to housing that the State determines to be appropriate, being a purpose in respect of which money paid under this section is permitted to be expended under the agreement.

(2) Grants shall be made on such terms and conditions as are specified in the agreement in relation to the grants.

HOUSING ASSISTANCE ACT 1984 - SECT 7
Loans

SECT

7. (1) Subject to this Act, the Minister may, during a year to which this Act applies, if an agreement has been entered into between the Commonwealth and a State pursuant to this Act, authorize the making of loans to the State, by way of financial assistance, of such amounts as the Minister determines to be appropriate, for expenditure by the State in respect of that year for any purpose related to housing in respect of which money paid under this section is permitted to be expended under the agreement.

(2) Loans shall be made on such terms and conditions as are specified in the agreement in relation to the loans.

HOUSING ASSISTANCE ACT 1984 - SECT 8
Appropriation

SECT

8. (1) The Consolidated Revenue Fund is appropriated for the purposes of:
(a) the making of grants, for expenditure on local government and community housing, amounting in the aggregate to $10,000,000 during each of the years commencing on 1 July 1985 and 1 July 1986; and
(b) the making of payments, by way of grants for the purposes referred to in section 6 or loans for the purposes referred to in section 7, amounting in the aggregate to $500,000,000 during each of the years commencing on 1 July 1985 and 1 July 1986.

(1A) The Consolidated Revenue Fund is appropriated for the purposes of the making of grants for the purposes referred to in section 6 amounting in the aggregate to $700,000,000 during the year commencing on 1 July 1988.

(1B) Subject to section 11, during the year commencing on 1 July 1988:
(a) $11,000,000 of the amount appropriated by subsection (1A) is for the purposes of the making of grants for expenditure on local government and community housing; and
(b) $14,000,000 of the amount appropriated by subsection (1A) is for the purposes of the making of grants for expenditure on crisis accommodation.

(2) Grants and loans shall be made out of money appropriated, whether by this Act or another Act, for a relevant purpose.

HOUSING ASSISTANCE ACT 1984 - SECT 9
Allocation of grants and loans amongst States

SECT

9. (1) The Minister shall, in authorizing grants during a year to which this Act applies for the purpose referred to in paragraph 6 (1) (a), ensure that the amounts of those grants are allocated amongst the States on the basis of the respective needs of the States as determined by the Minister.

(2) Subject to sections 10 and 11, the Minister shall, in authorizing:
(a) grants, for the purposes referred to in paragraph 6 (1) (b), during the year commencing on 1 July 1984; and
(b) loans during that year;
ensure that the aggregate amount of such grants and loans authorized to be paid to a State is not less than the amount specified in Schedule 2 opposite to the name of that State.

(3) Subject to sections 10 and 11, the Minister shall, in authorizing:
(a) grants, for the purposes referred to in paragraph 6 (1) (b), during a year to which this Act applies (not being the year commencing on 1 July 1984); and
(b) loans during a year to which this Act applies (not being the year commencing on 1 July 1984);
ensure that the aggregate amount of such grants and loans authorized during each such year to which this Act applies is allocated amongst the States in accordance with the following paragraphs:
(c) the amount of $146,000,000 shall be allocated amongst the States in the proportions determined by the Minister, by writing signed by the Minister, to be the appropriate proportions in respect of the year concerned for the purposes of this paragraph but so that no State is allocated in respect of that year an amount that, or amounts the sum of which, is less than $7,300,000;
(d) the amount by which that aggregate amount exceeds $146,000,000 shall be allocated amongst the States in the proportions determined by the Minister, by writing signed by the Minister, to be the appropriate proportions in respect of that year for the purposes of this paragraph.

(4) The appropriate proportions to be determined by the Minister under paragraphs (3) (c) and (d) for the allocation amongst the States of the amounts of the grants and loans to be made during the years to which this Act applies shall be determined, as far as practicable:
(a) so as progressively to achieve the result that the amounts of the grants and loans made will, in the year commencing on 1 July 1990, be allocated amongst the States on an equal per capita basis; and
(b) so that the amounts of the grants and loans made in the years to which this Act applies subsequent to the year commencing on 1 July 1990 will be allocated amongst the States on an equal per capita basis.

(5) Subject to sections 10 and 11, the Minister shall, in authorizing grants and loans during a year to which this Act applies, ensure that the aggregate of the amounts of those grants and loans is not less than the sum of all amounts appropriated by this Act, or by any other Act, in respect of that year for a relevant purpose.

HOUSING ASSISTANCE ACT 1984 - SECT 10
Unmatched funds

SECT

10. If the Minister becomes satisfied in relation to a State, during a year to which this Act applies, that the aggregate of the amounts (in this section referred to as the "amount notionally allocated for grants and loans to that State") that, but for this section, would constitute the total allocation to that State in respect of that year in respect of all money appropriated, whether by this Act or by another Act, in respect of that year for a relevant purpose (not being money appropriated for the making of grants for the purpose referred to in paragraph 6 (1) (a)), exceeds the aggregate of the amounts (in this section referred to as the "proposed matching expenditure of that State") that that State has applied or expended or proposes to apply or expend in relation to housing in respect of that year out of money that would constitute, in relation to that State, matching funds for the purpose of any agreement entered into pursuant to this Act with that State, then, notwithstanding section 9:
(a) the Minister shall, in authorizing grants and loans to that State during that year, ensure that the total of the amounts of the grants and loans made to that State does not exceed the amount so expended or proposed to be expended by that State; and
(b) the Minister may authorize grants or loans, or grants and loans, of such amounts as the Minister determines to be appropriate, to such of the States other than that State as the Minister determines to be appropriate, being grants or loans, or grants and loans, that do not, in the aggregate, exceed the amount by which the amount notionally allocated for grants and loans to that State exceeds the proposed matching expenditure of that State.

HOUSING ASSISTANCE ACT 1984 - SECT 11
Re-allocation or retention of specific housing grants

SECT

11. (1) Where:
(a) the Minister has, under subsection 6 (1), authorized, in respect of a year to which this Act applies, the making of grants to a State for the purpose referred to in paragraph 6 (1) (a); and
(b) after consulting the State Minister of that State, the Minister is satisfied, having regard to the amounts that the State has been, or will be, able to expend during that year for that purpose, that it would not be appropriate for the total amount of the grants so authorized to be paid to the State;
the Minister may:
(c) vary the authorization in relation to that State by reducing the total amount so authorized to be paid to that State; and
(d) authorize grants for the purpose referred to in paragraph 6 (1) (a), of such amounts as the Minister determines to be appropriate, to such of the States other than that State as the Minister determines to be appropriate, being grants that do not in the aggregate exceed the amount by which the total amount authorized to be paid to that State has been reduced as mentioned in paragraph (c).

(1A) Where:
(a) the Minister has, under subsection 6 (1), authorised the making of a grant or grants to a State for the purpose of particular specific housing assistance referred to in paragraph 6 (1) (a); and
(b) the Minister is satisfied, in respect of the grant or any of the grants, that the State has contravened, or has acted in a manner that is inconsistent with, either or both of the following:
(i) a provision of an agreement entered into between the
Commonwealth and the State pursuant to this Act, being a provision relating to the grant;
(ii) a guideline made under the agreement and agreed
between the Minister and the State Minister, being a guideline relating to the grant;
the Minister:
(c) may revoke the authorisation or any of the authorisations;
(d) may vary the authorisation or any of the authorisations by reducing the amount authorised;
(e) may:
(i) revoke the authorisation or any of the authorisations;
and
(ii) declare the amount authorised before the authorisation
was revoked to be an amount available for re-allocation; or
(f) may:
(i) vary the authorisation or any of the authorisations by
reducing the amount authorised; and
(ii) declare the amount by which the amount authorised has
been reduced to be an amount available for re-allocation.

(1B) Where the Minister:
(a) revokes or reduces an authorisation in relation to a State; and
(b) declares an amount to be an amount available for re-allocation;
the Minister may authorise grants for the purpose referred to in paragraph 6 (1) (a), of such amounts as the Minister determines to be appropriate, to such of the States other than that State as the Minister determines to be appropriate, being grants that do not in the aggregate exceed that amount.

(2) In this section, "the State Minister", in relation to a State with which the Commonwealth has entered into an agreement pursuant to this Act, has the same meaning as that expression has in that agreement.

HOUSING ASSISTANCE ACT 1984 - SECT 12
Advances on account of money expected to become payable under
sections 6 and 7

SECT

12. (1) The Minister may make arrangements for the making to a State, by way of financial assistance to the State, of advances on account of amounts that are expected to become payable to the State under section 6.

(2) The Minister may make arrangements for the making to a State, by way of financial assistance to the State, of advances on account of amounts that are expected to become payable to the State under section 7.

(3) Upon the execution of an agreement between the Commonwealth and a State pursuant to this Act, this Act and the agreement apply, and shall be deemed at all relevant times to have applied, to and in relation to money paid to that State under subsection (1) or (2) as if that money had been paid under and in accordance with section 6 or 7, as the case requires.

(4) If a State has not, before 15 April 1985, entered into an agreement with the Commonwealth pursuant to this Act, the State shall repay to the Commonwealth an amount equal to the aggregate of the amounts (if any) paid to the State under subsection (1) and of the amounts (if any) paid to the State under subsection (2).

HOUSING ASSISTANCE ACT 1984 - SECT 13
Authority to borrow

SECT

13. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow money for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 15 (including money to meet the expenses of any such borrowing).

HOUSING ASSISTANCE ACT 1984 - SECT 14
Application of money borrowed

SECT

14. Money borrowed under section 13 shall be issued and applied only for the expenses of borrowing and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 15, and the Loan Fund is appropriated, as necessary, for those purposes.

HOUSING ASSISTANCE ACT 1984 - SECT 15
Reimbursement of Consolidated Revenue Fund from Loan Fund

SECT

15. (1) Where an amount has been paid out of the Consolidated Revenue Fund for the purposes of this Act, the Minister for Finance may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(2) In any statement prepared by the Minister for Finance under section 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under subsection (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund for the purposes of this Act.

(3) Where there has been a payment from the Loan Fund to the Consolidated Revenue Fund under subsection (1) in respect of an amount paid out of the Consolidated Revenue Fund for the purposes of this Act, the amount so paid out of the Consolidated Revenue Fund shall, for the purposes of sections 9 and 10 of the National Debt Sinking Fund Act 1966, be deemed to have been paid out of the Loan Fund.

HOUSING ASSISTANCE ACT 1984 - SECT 16
Annual report by Minister

SECT

16. The Minister shall, as soon as practicable after the end of each year to which this Act applies, cause to be laid before each House of the Parliament a report relating to:
(a) the operation of the agreements executed pursuant to this Act;
(b) housing needs in Australia;
(c) expenditure on housing in Australia; and
(d) any other matter that the Minister considers relevant.

HOUSING ASSISTANCE ACT 1984 - SECT 17
Amendment of 1981 Act

SECT

17. The Housing Assistance Act 1981 is amended:
(a) by inserting in paragraph 8 (1) (a) "(other than the year commencing on 1 July 1985)" after "applies"; and
(b) by inserting in paragraph 8 (1) (b) "(other than the years commencing on 1 July 1984 and 1 July 1985)" after "applies".

HOUSING ASSISTANCE ACT 1984 - SCHEDULE 1

SCH

SCHEDULE 1 Section 4
AN AGREEMENT made the day of One thousand nine hundred
and eighty-four between -
THE COMMONWEALTH OF AUSTRALIA of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part,
THE STATE OF QUEENSLAND of the fourth part,
THE STATE OF WESTERN AUSTRALIA of the fifth part,
THE STATE OF SOUTH AUSTRALIA of the sixth part,
THE STATE OF TASMANIA of the seventh part, and
THE NORTHERN TERRITORY OF AUSTRALIA of the eighth part.
WHEREAS:
(A) the Commonwealth and the States of Australia have from time
to time entered into agreements for the purpose of the
provision by the States with financial assistance from the
Commonwealth of housing;
(B) by an agreement between the Commonwealth, the States of
Australia and the Northern Territory of Australia dated the
twenty-third day of December 1981, being the agreement
authorised to be executed on behalf of the Commonwealth by the
Housing Assistance Act 1981 of the Commonwealth Parliament and
being the last of the agreements referred to in Recital (A),
provision was so made with respect to the five years commencing
on the 1st July 1981;
(C) the Ministers of the respective governments throughout
Australia who are responsible for housing have agreed upon the
provision of rental housing assistance and home purchase
assistance in the various States and in the Northern Territory
during the ten years commencing on the 1st July 1984;
(D) the primary principle of this agreement is to ensure that
every person in Australia has access to adequate and
appropriate housing at a price within his or her capacity to
pay by seeking to:
alleviate housing-related poverty; and
ensure that housing assistance is, as far as possible,
delivered equitably to persons resident in different forms of
housing tenure;
in implementing this principle, assistance provided under the
agreement will also reflect the following detailed principles:
(a) Assistance Generally
the primary consideration in delivering housing assistance
under this agreement will be the needs of people, rather than
to attach assistance to particular dwellings or categories of
dwellings;
housing assistance provided under this agreement will be
available to all sections of the community irrespective of age,
sex, marital status, race, religion, disability or life
situation. However, priority in granting assistance shall be
determined by the need for assistance;
in delivering housing assistance, as far as possible, people
should be given an equal choice between the types of housing
assistance available;
housing assistance programs developed under this agreement
should be designed so that maximum social benefit is derived
from previous investment in housing;
housing assistance provided under this agreement should be
co-ordinated with housing assistance programs that are developed
outside this agreement;
(b) Public Rental Housing
programs and funding arrangements under this agreement should
seek to develop the public housing sector as a viable and
diversified form of housing choice and refrain from
discrimination;
programs and funding arrangements under this agreement shall be
developed so as to increase progressively the availability of
public housing to a level commensurate with the need for it in
the community;
public housing should reflect general community housing
standards and should be accessible to community and other
services. Poor location of dwellings, an inadequate range of
choice of dwellings, and stigmatisation of the status of public
tenants should be avoided to the maximum extent practicable;
public housing stock should, as far as possible, be designed to
cater for the needs and preferences of current and likely
future applicants;
clear recognition should be accorded to the separate but
complementary roles of:
capital expenditure on constructing and acquiring dwellings;
financing of rental operations;
managing rental operations including assistance for tenants;
and
sales of dwellings;
the design, style and siting of public housing will, to the
maximum extent practicable:
reflect the need for accessibility and suitability for
habitation by disabled persons, Aboriginals, youth, the
elderly, or other identified groups; and
support the energy conservation policies of the governments;
public housing authorities should ensure that tenants have
maximum opportunity to participate in the management of their
dwellings and estates and in the development of public housing
policies;
(c) Income-Related Assistance to Tenants
programs developed under this agreement should recognise the
problems created by the inability of some tenants to afford
adequate rental accommodation in both public and private rental
sectors;
assistance measures in the public rental sector should be
co-ordinated with assistance to private tenants and should
recognise the income support nature of the assistance and the
inter-relationship of this assistance with Commonwealth
assistance to pensioners and other beneficiaries under the
Social Security Act 1947;
(d) Home Ownership Assistance
assistance under this agreement shall seek to provide home
ownership opportunities for those unable to obtain or maintain
affordable finance from the private sector or from other
sources outside the agreement;
(e) Implementation
the State will be able to exercise maximum autonomy and
flexibility in developing the administrative arrangements
necessary to achieve these principles;
(E) the Ministers referred to in Recital (C) recognise the
relationship between the principles and policies reflected in
this agreement and the need to co-ordinate these with those
affecting generally home purchasers and tenants including
tenants in private housing and in emergency and supported
accommodation;
(F) it is proposed that in order to implement the agreement of
the Ministers the Commonwealth will grant to the States
financial assistance under section 96 of the Commonwealth of
Australia Constitution and like assistance to the Northern
Territory and that the terms and conditions on which the grant
of financial assistance should be made are those set out in
this agreement;
(G) the Commonwealth the States and the Northern Territory have
decided that the agreement referred to in Recital (B) shall
cease to operate on and from the first day of July 1984 and to
vary in certain respects the operation of the agreements which
have been entered into as aforesaid; and
(H) the Parliament of the Commonwealth has authorised the
execution by and on behalf of the Commonwealth of this
agreement and the provision of financial assistance to the
States in accordance with its provisions.
NOW IT IS HEREBY AGREED as follows:
PART I - OPERATION OF AGREEMENT
1. (1) This agreement shall come into force in respect of the
Commonwealth and of a State when it has been signed on behalf
of the Commonwealth and has been signed on behalf of the State
with the authority of the Parliament of the State or, having
been signed on behalf of the State without the authority, is
approved by the Parliament of the State.
(2) This agreement shall come into force in respect of the
Commonwealth and the Northern Territory when it has been signed
on behalf of the Commonwealth and has been signed on behalf of
the Northern Territory.
(3) Notwithstanding that in this agreement all the States of
New South Wales, Victoria, Queensland, Western Australia, South
Australia and Tasmania and the Northern Territory are named as
parties, this agreement shall operate as an agreement between
the Commonwealth and the party or parties in respect of which
it comes into force as fully and effectually as if the party or
parties in respect of which it comes into force were the only
party or parties so named other than the Commonwealth.
(4) Except for obligations arising under Part VIII of the
agreement referred to in Recital (B) and unperformed prior to
the first day of July 1984 that agreement shall be deemed to
have ceased to operate on and from that date.
2. Acts and things provided for by this agreement which have
been done or carried out by or with respect to a State or the
Northern Territory in accordance with and in anticipation of
its coming into force in respect of that State or Territory
shall be deemed to have been done or carried out under this
agreement as if it were in force at the relevant time or times
in respect of that State, or that Territory, as the case may
be.
PART II - PARTIES
3. (1) In this agreement, subject to this clause and except
where the context otherwise indicates -
(a) "the Commonwealth" means the Commonwealth of Australia as
the party to this agreement;
(b) each State named as a party in respect of which this
agreement comes into force is referred to as a "State" and,
except where the context otherwise indicates, "the States"
means all of those States; and
(c) "the Northern Territory" means the Northern Territory of
Australia as the party to this agreement.
(2) A reference to a State in this Part and in the succeeding
clauses of this agreement shall, except where the contrary
intention appears and according to the requirements of the
context, be deemed to include a reference to the Northern
Territory.
4. Where in an existing Housing Agreement included in the
Schedule the word "State" or the expression "the States" means
a State or the States in respect of which that Agreement is in
force, that word and that expression shall mean respectively,
for the purposes of the operation of that Agreement, a State or
the States in respect of which this agreement has come into
force.
PART III - INTERPRETATION
5. (1) In this agreement -
"the Minister" means the Minister of State of the Commonwealth
for the time being responsible for the administration of this
agreement for the Commonwealth; and
"the State Minister" means the Minister of State of a State for
the time being responsible for the administration of this
agreement for the relevant State.
(2) A reference in this agreement to a Minister includes a
Minister or other member of the Federal Executive Council or
Minister of the relevant State, as the case may require, acting
on behalf of or for the time being acting for the Minister
referred to.
6. In this agreement, unless the contrary intention appears or
the context otherwise requires -
"dwelling" means a dwelling-house or flat and includes such
fences, outbuildings and other improvements and such connexions
for sewerage, drainage, water, electricity, gas and other
services as are provided or are reasonably required to be
provided for the dwelling-house or flat;
"home purchaser" means -
(a) a person purchasing with assistance under Part IX, housing
including rental housing; or
(b) a person who is a rental purchaser;
"housing" means residential housing including dwellings and
other forms of residential accommodation;
"person" includes a body, co-operative, group or other
organization whether incorporated or not;
"previous housing arrangements" means the provisions in
relation to housing
(a) that were made
(i) by the existing Housing Agreements;
(ii) by the State Grants (Housing) Act 1971, the Housing
Assistance Act 1973, the Housing Assistance Act 1978, the
States (Works and Housing) Assistance Act 1982 and the States
(Works and Housing) Assistance Act 1983; and
(iii) under any arrangements entered into pursuant to the
Special Employment-related Programs Act 1982; and
(b) that are made by legislation passed hereafter by the
Commonwealth Parliament under which financial assistance is
made available to the State for housing but on terms and
conditions specified in this agreement;
"rental housing" means housing for rental which has been
provided under the previous housing arrangements or is provided
under this agreement and "rental dwelling" means a dwelling
that is included in rental housing;
"rental purchase" means a purchase under a terms contract of
sale;
"rental purchaser" means a person purchasing under a terms
contract of sale;
"the Commonwealth Act" means the legislation of the
Commonwealth Parliament by which this agreement is authorised
to be executed by or on behalf of the Commonwealth;
"the existing Housing Agreements" means the Agreements set out
in the first Schedule and where the singular is used means such
one or other of those Agreements as the context requires; and
"year" means a period of twelve months commencing on the first
day of July.
7. In this agreement, unless the contrary intention appears
(a) a reference to a Part or to a clause is to a Part or to a
clause of this Agreement, as the case may be;
(b) a reference to a sub-clause is, unless otherwise indicated,
to the relevant sub-clause of the clause in which the reference
appears;
(c) each of the Schedules referred to is a Schedule to the
agreement;
(d) words importing a gender include every other gender;
(e) words in the singular number include the plural and vice
versa; and
(f) a reference to a date on or by which a thing is to be done
shall, if that date falls on a Saturday, Sunday, public holiday
or bank holiday in the place in which the thing is to be done,
be read and construed as if the reference was to the day
immediately preceding that day which is not a Saturday, Sunday,
public holiday or bank holiday in that place.
PART IV - OBJECTIVE OF AGREEMENT
8. The objective of this agreement is the provision by the
States and by the Northern Territory with financial assistance
from the Commonwealth of housing assistance for rental housing
and for home purchase in accordance with, and in fulfilment of,
the principles set out in Recital (D).
PART V - FINANCIAL ASSISTANCE
9. (1) In order to assist the States in the achievement of the
objective of this agreement, the Commonwealth will, upon and
subject to the provisions of this agreement, provide to the
States during the years of this agreement financial assistance
for housing purposes (hereinafter in this agreement referred to
as "financial assistance") by way of interest bearing repayable
advances ("loan assistance") or interest free non-repayable
grants ("grants").
(2) The years of this agreement shall be the ten years
commencing on the first day of July in the years 1984, 1985,
1986, 1987, 1988, 1989, 1990, 1991, 1992 and 1993.
10. The Commonwealth will provide base financial assistance to
the States -
(a) in respect of the first year of this agreement - totalling
Five hundred and thirty million dollars ($530,000,000) and
consisting of -
(i) Thirty-five million dollars ($35,000,000) by way of grants
for pensioner rental housing assistance under Part XI; and
(ii) Four hundred and ninety-five million dollars
($495,000,000) by way of grants for untied assistance;
(b) in respect of each of the immediately following two years -
Five hundred and ten million dollars ($510,000,000) of which
ten million dollars is to be for expenditure in accordance with
clause 35 on the local government and community housing
program; and
(c) in respect of each of the remaining years of the agreement
- an amount determined by the Minister by writing signed by
him.

11. The Commonwealth may provide to the States out of moneys
appropriated by the Commonwealth Parliament for the purpose, in
addition to any base financial assistance provided in any year,
financial assistance for home purchase assistance, rental
housing assistance and specific housing assistance in
accordance with Part XI.
12. In relation to the years of this agreement other than the
first, the financial assistance provided by the Commonwealth to
the States out of the moneys appropriated by the Commonwealth
Parliament for the purpose shall be in such proportions by way
of grants and loan assistance, normally involving not less than
75 per cent of the former, as the Minister determines in
writing.
13. In and for the purposes of this agreement -
(a) financial assistance to be provided under clause 10 shall
be known as "base financial assistance";
(b) financial assistance in addition to base financial
assistance shall be known as "additional financial assistance";
(c) the following grants shall be known as "specific housing
assistance grants" -
(i) base financial assistance under sub-paragraph (a) (i)of
clause 10;
(ii) base financial assistance of an amount of ten million
dollars in each of the two years referred to in paragraph (b)
of clause 10;
(iii) so much of other base financial assistance under
paragraphs (b) and (c) of clause 10 as is authorized for
expenditure under clause 35; and
(iv) so much of additional financial assistance authorized for
expenditure under clause 35; and
(d) financial assistance, other than specific housing
assistance grants, shall be known as "untied assistance".
14. Financial assistance shall be allocated between the States
in such manner as is provided by the Commonwealth Act and it
shall be a condition with respect to the provision of untied
assistance that a State will match the amount of that financial
assistance from its own resources in accordance with Part VI.
PART VI - STATE MATCHING FUNDS
15. (1) In relation to untied assistance a State will provide
from its own resources and apply funds ("matching funds") in
accordance with this Part.
(2) The matching funds of a State to be provided under this
Part shall be -
(a) in respect of the first year of this agreement - an amount
equal to the State's share of Four hundred and fifty million
dollars ($450,000,000) of untied assistance, calculated pro
rata with the allocation of the total of untied assistance to
the State by or under the Commonwealth Act;
(b) in respect of each of the other years of this agreement -
an amount equal to the amount of untied assistance that is
provided to the State during each of those years.
(3) Each State will by the fifteenth day of October in each
year of this agreement furnish to the Commonwealth in a
reasonable form to be determined by the Minister after
consultation with the State Minister for the agreement of the
Minister proposals for the provision and application of
matching funds during that year.
(4) Subject to sub-clauses (5), (6) and (7), matching funds in
respect of a State may include -
(a) surpluses resulting from rental housing assistance
activities by the State under previous housing arrangements
and, in the case of this agreement, any surplus or
net proceeds referred to in sub-paragraphs 29 (b) (i) and 29
(b) (ii) respectively, but not including proceeds of a sale
after the first day of July 1984 of housing or land obtained by
the State under those arrangements and this agreement;
(b) revolving funds resulting from home purchase assistance
activities under previous housing arrangements and under this
agreement;
(c) allocations from -
(i) consolidated revenue funds;
(ii) loan funds;
(iii) trust funds and other special accounts in the public
account of the State to the extent that those funds have been
financed from State resources, including deposits with the
State Treasury;
(iv) borrowings by instrumentalities of the State under the
terms of the Commonwealth-State arrangements associated with
the Financial Agreement and known as the Gentlemen's Agreement;
and
(v) appropriation from surpluses of authorities and
instrumentalities of the State other than those referred to in
paragraphs (a) and (b) of this sub-clause; and
(d) any other amount, including an amount exempted from State
taxes or forgone pursuant to this agreement, that is agreed
upon for the purposes of this paragraph by the Minister and the
State Minister.
(5) Except as provided in sub-clause (4) matching funds shall
not be derived from financial assistance under this agreement.
(6) There shall not be included in the calculation of surpluses
referred to in paragraph (a) of sub-clause (4) amounts applied
by the State in accordance with paragraph (n) of clause 30.
(7) Matching funds shall not include funds which have been used
to match financial assistance provided by the Commonwealth
otherwise than under this agreement or previous housing
arrangements.
16. Matching funds in respect of a State other than those
referred to in paragraphs (a) and (b) of sub-clause 15 (4)
shall be applied by the State on such housing programs of the
State, in accordance with Recital (D), but not necessarily
being programs for which this Agreement provides, as are from
time to time agreed between the Minister and the State
Minister.
17. An amount exempted or forgone by the State shall be deemed
for the purpose of clauses 15 and 16 to have been applied or
expended respectively by that State in that year.
PART VII - FINANCIAL ASSISTANCE ARRANGEMENTS
18. (1) Each State will, not later than the thirtieth day of
November preceding the beginning of a year of this agreement,
inform the Minister in a reasonable form determined by the
Minister after consultation with the State Minister of the
amounts of financial assistance that the State wishes the
Commonwealth to provide to it in respect of the year for home
purchase assistance, rental housing assistance programs and
specific housing assistance and at the same time will provide
estimates of financial performance and planned programs for the
year and revised estimates of that performance and those
programs for the then current year.
(2) The Minister and the State Minister will consult as
appropriate concerning the provision of financial assistance to
the State, including additional financial assistance.
(3) In those consultations consideration shall be given to
State requirements and practices.
19. (1) Financial assistance in respect of a year of this
agreement shall be made available to a State during that year
by regular monthly instalments unless otherwise agreed between
the Minister and the Treasurer of the State.
(2) If, following consultation with the State Minister, the
Minister is of the opinion that it is appropriate to do so, he
may withhold a payment of financial assistance to a State which
fails to comply with any of sub-clauses 15 (3), 18 (1), 43 (1)
or 43 (2) until the State remedies that failure.
20. The State Minister will determine in accordance with
Recital (D) in each year the allocation between home purchase
assistance and rental housing assistance of the total amount of
loan assistance and of grants of untied assistance to be
provided by the Commonwealth to a State in that year and may at
any time during a year vary the determination in respect of
that year.
PART VIII - INTEREST AND REPAYMENTS OF LOAN ASSISTANCE
21. (1) Each payment of loan assistance to a State or so much
of each payment as for the time being remains unrepaid to the
Commonwealth will, until repayment as provided in clause 22,
bear interest at the rate of 4per centum per annum computed
from the date upon which the payment is made.
(2) A State will on the thirty-first day of December and the
thirtieth day of June of a year during which payments of loan
assistance are made to the State under this agreement pay to
the Commonwealth the interest that has accrued on those
payments up to the date of the payment of the interest.
22. Each State will repay to the Commonwealth the amount of
each payment of loan assistance to the State and will pay
interest thereon as provided in clause 21, other than that
payable under sub-clause 21 (2), by equal annual instalments of
principal and interest so that the amount of the payment,
together with the interest, will be repaid in 53 years from the
beginning of the year next succeeding the year of this
agreement in respect of which the payment was made, the first
such instalment being payable on or before the end of the year
next succeeding the year of this agreement in respect of which
the payment was made.
23. Accounting procedures in respect of the repayment by a
State of loan assistance will be as agreed upon between the
Minister for Finance of the Commonwealth and the Treasurer of
the State or, in default of agreement, as determined by the
Minister for Finance of the Commonwealth.
PART IX - HOME PURCHASE ASSISTANCE
24. (1) The Home Purchase Assistance Account established by
each State in pursuance of the 1978 Housing Agreement with
respect to the State and the 1980 Housing Agreement with
respect to the Northern Territory shall continue to be operated
by the State for the purpose of this agreement and shall be
"the Account" referred to in this Part.
(2) The moneys in this Account shall be made available for home
purchase assistance in accordance with this Part.
25. (1) Each State will pay into the Account -
(a) payments of loan assistance and grants made to the State
that are allocated for home purchase assistance in accordance
with this agreement; and
(b) funds from any other source which the State decides to
apply on home purchase assistance under this agreement.
(2) The Account shall also be credited with moneys received in
the course of home purchase assistance operations provided for
by this Part and shall be debited with management costs and
other outgoings in respect of those operations.
26. (1) A State may use moneys in accordance with Recital (D)
standing to the credit of the Account of the State for -
(a) making repayments of principal and payments of interest in
respect of loan assistance under this agreement or, where
accounts under previous housing arrangements have been combined
into the Account, repayments of principal and payments of
interest in respect of loan assistance by the Commonwealth to
the State which have been allocated for home purchase
assistance under those arrangements;
(b) making repayments of principal and payments of interest in
respect of any State funds allocated for home purchase
assistance in accordance with paragraph (b) of sub-clause 25
(1);
(c) meeting expenditure by the State in providing and
administering home purchase assistance;
(d) making loans and grants to -
(i) terminating building societies or co-operative housing
societies;
(ii) a lending authority of the State approved by the State
Minister;
(iii) registered co-operative organisations including permanent
building societies approved by the State Minister; and
(iv) such other class or classes of bodies or organisations as
are from time to time agreed upon between the Minister and the
State Minister,
for the provision of home purchase assistance;
(e) providing in implementation of clause 27 a subsidy to a
class or classes of home purchasers and such lending
institutions as are from time to time agreed upon by the
Minister and the State Minister to reduce the cost to home
purchasers of interest;
(f) financing the construction and purchase of dwellings,
including the purchase of dwellings from home purchasers, and
financing purchases by home purchasers who are borrowers;
(g) purchasing housing, including private housing, for sale to
rental purchasers and financing such sales;
(h) the acquisition by the State of replacement housing of a
value equal to the amount for which the State sells rental
housing to home purchasers;
(i) urban renewal, housing advisory services and research and
policy development in relation to matters not funded by the
Australian Housing Research Council;
(j) expenditure in accordance with Part XI; and
(k) such other purposes as are from time to time agreed upon by
the Minister and the State Minister.
(2) In this clause references to societies are to societies
registered as societies referred to under the relevant
legislation of the State.
27. (1) The State shall ensure that -
(a) the rate of interest that is charged in respect of so much
as is for the time being outstanding on a loan or under a terms
contract of sale, as the case may be, to a home purchaser shall
be the rate that is from time to time agreed between the
Minister and the State Minister having regard to the then
ruling minimum Commonwealth Savings Bank market rate for
housing loans and other factors as are for this purpose from
time to time agreed;
(b) the minimum amount in annual repayments or payments,
repayable or payable on a loan or rental purchase, as the case
may be, shall be the lesser of -
(i) the annual amount that would be payable under a credit
foncier loan with a term of twenty-five years and at the
interest rate referred to in paragraph (a); or
(ii) twenty per centum of the gross annual income of the home
purchaser and, if applicable, the husband or wife of the home
purchaser or of a person living with the home purchaser as his
or her spouse on a bona fide domestic basis although not
legally married to him or her;
(c) for the purpose of paragraph (b), a review of gross income
of home purchasers is undertaken triennially or at intervals as
agreed between the Minister and State Minister and that
repayments are also adjusted at least annually over the life of
the loan or rental purchase by an amount or amounts, unless
otherwise agreed, not less than the proportional change or
changes in the Consumer Price Index or other economic index
agreed from time to time between the Minister and the State
Minister;
(d) subject to sub-clause (3) there is recovered from the home
purchaser the amount by which in a year interest accruing in
respect of the year at the rate referred to in this clause on
the outstanding amount of the loan or rental purchase exceeds
the amount of interest paid in that year;
(e) in relation to assistance under the First Home Owners Act
1983 payable by instalments to a home purchaser -
(i) the home purchaser requests that those instalments be paid
to the lender or
vendor, as the case may be; and
(ii) regard not be had to receipt by the vendor or lender of
those instalments for the purpose of causing the amount of
annual payments or repayments to fall below that for which this
clause provides; and
(f) the provisions of this sub-clause and of sub-clause (2) are
made applicable to any assistance for which this Part provides
and which is made available on or after the first day of July
1985 unless prior to that date another date is agreed between
the Minister and the State Minister.
(2) In accordance with Recital (D) the State may require that
the minimum amount in annual repayments or payments be greater
than that specified in paragraph (b) of sub-clause (1).
(3) The State Minister is to determine guidelines setting out
circumstances in which recovery referred to in paragraph (d) of
sub-clause (1) shall not be required. In so determining regard
shall be had to movements in housing prices and in the income
of home purchasers.
(4) The State may cause the provisions of any of the preceding
sub-clauses except paragraph (f) of sub-clause (1) to be
reflected in the terms of loans made under prior arrangements.
28. (1) Subject to clause 27, it shall be a matter for the
State -
(a) to determine in accordance with Recital (D) eligibility and
the amounts and conditions that are to apply, in respect of
loans or rental purchase to persons who are to receive home
purchase assistance under this agreement and under previous
housing arrangements but in this connexion regard shall be had
to family income, assets of the borrower, size and standard of
the housing and its location; and
(b) to adopt other lending practices including capital indexed
loans, high start loans and second mortgage lending which are
best suited to achieve the principles of this agreement.
(2) The conditions of eligibility shall be such that assistance
is provided to those persons who are not able to obtain
mortgage finance assistance in the open market or
from other sources.
(3) The State may reschedule repayments by borrowers or rental
purchasers in the event of hardship.

PART X - RENTAL HOUSING ASSISTANCE
29. Funds available to a State during any year for its rental
housing assistance program (for the purposes of this Part
referred to as "rental housing assistance funds") shall consist
of
(a) in respect of a year of this agreement, payments of loan
assistance and grants that are made under this agreement for
rental housing assistance; and
(b) in respect of any year -
(i) any surplus during the year of revenue, after allowing for
rent forgone, over outgoings incurred or provided for, arising
directly from rental housing operations of the State under this
agreement or previous housing arrangements and to which this
agreement applies;
(ii) net proceeds from sale of rental housing and land acquired
under previous housing arrangements or this agreement; and
(iii) any other funds which the State allocates for rental
housing assistance under this agreement.
30. Without by this clause conveying any implication that funds
are to be made available by the Commonwealth for, or are to be
applied by a State for, any particular purpose or in order of
priority, the purposes for which rental housing assistance
funds may be used by the State in accordance with Recital (D)
include the following -
(a) to meet the costs of and associated with the acquisition,
planning and development of land primarily for residential
development;
(b) to pay for the construction or acquisition of housing;
(c) to repay the principal of and pay interest on loan
assistance to the State for rental housing assistance;
(d) to provide funds to such voluntary, non-profit, charitable
bodies, rental housing co-operatives and other housing
management bodies or groups as are approved by the State
Minister;
(e) to enable housing to be let to such charitable bodies,
rental housing co-operatives and other organisations as are
approved by the State Minister;
(f) to engage in urban renewal activities related to public
housing;
(g) to allocate funds to local government bodies for the
provision of rental housing where the State Minister considers
that it would be more appropriate for such rental housing
assistance to be carried out by those bodies;
(h) to make payments for, or provide bridging finance for, the
provision of open space, landscaping, community facilities and
for costs associated with land development, including
contributions to headworks and reticulation of services;
(i) to undertake research and policy development in relation to
matters not funded by the Australian Housing Research Council;
(j) to undertake and participate in joint ventures,
co-operative enterprises or
similar arrangements in order that public housing developments
may be integrated with private housing and to achieve a
desirable socio-economic mixture of housing;
(k) to lease housing from the private housing sector;
(l) to provide housing advisory services related to public
housing;
(m) to provide rental subsidy for eligible persons renting
private housing;
(n) noting that the Commonwealth assists pensioners and other
beneficiaries in the private rental market, to supplement, up
to an amount determined in writing by the Minister in respect
of each year, rental revenue reduced by the operation of clause
33 in respect of pensioners and other beneficiaries under the
Social Security Act 1947;
(o) expenditure in accordance with Part XI; and
(p) any other purposes agreed upon between the Minister and the
State Minister.
31. The conditions of eligibility of persons for rental housing
assistance shall be determined by the State in accordance with
Recital (D) and so that priority in granting assistance is
determined by the need for assistance.
32. (1) Subject to sub-clause (2) and clause 33, the State will
in respect of its rental housing apply a policy of fixing rents
at a level not less than that which would result from an
application of the formula set out in the Second Schedule, and
also review those rents at least annually.
(2) If the State wishes, it may phase in the said policy over a
period of three years or
other period which takes into account the level of rents
prevailing in the private rental market and is agreed to
between the Minister and the State Minister.
33. The State shall forego the collection of so much of rents
fixed in accordance with clause 32 as it considers that tenants
having regard primarily to their income are not able to afford
to pay.
34. (1) A State may sell rental housing but such sales, if any,
shall be in accordance with Recital (D) and subject to the
following conditions -
(a) all sales of housing shall be at market value or
replacement cost at the time of the sale but not so as to
preclude the State, if it so wishes, from providing a credit to
the tenant in recognition of improvements that the tenant has
made to the housing except that, in the case of any body,
co-operative, group or other organisation which makes available
rental housing provided under this agreement and in respect of
which it is agreed between the Minister and State Minister,
sales need not be at that value or cost;
(b) in all sales of rental housing, the vendor is, at or prior
to the date of the sale, to have received an amount calculated
in accordance with paragraph (a);
(c) in the case of a rental purchase, home purchase assistance
funds are to be used to enable the vendor to receive an amount
referred to in paragraph (b); and
(d) net proceeds from sales of housing shall be applied to
construct or purchase replacement housing which is to be
included in rental housing for the purpose of this agreement.
(2) The State will ensure that if any body, co-operative, group
or other organisation which acquires housing with rental
housing assistance funds or acquires at other than market value
or replacement cost, rental housing from the State, sells,
otherwise disposes of, or uses that housing for a purpose other
than rental housing as provided for under this Part, it shall
repay to the State an amount equal to the net proceeds from the
sale, at market value or replacement cost, of that housing.
PART XI - SPECIFIC HOUSING ASSISTANCE
35. The Minister may, in writing under his hand authorize,
subject to guidelines made consistently with this agreement and
agreed between the Minister and State Minister relating to the
following programs including guidelines as to the provision of
any funds by the State in relation to each program, grants to
the State for expenditure on -
(i) rental housing assistance for pensioners;
(ii) rental housing assistance for Aboriginals;
(iii) mortgage and rent relief;
(iv) crisis accommodation;
(v) local government and community housing;
(vi) any other program determined by the Minister following
consultation with the States.
36. (1) Rental housing provided with grants for specific
housing assistance may be sold by a State subject to and in
accordance with the provisions of clause 34.
(2) Unless otherwise agreed by the Minister the net proceeds of
sale of rental housing provided for a specific purpose or
program with grants under this Part shall only be applied to
provide rental housing for the same purpose or program.
(3) This clause shall apply to rental housing that has been
provided from grants made by the Commonwealth to a State under
Part III of the Housing Assistance Act 1978 or under Part XI of
the agreement referred to in Recital (B).
PART XII - SUPERSESSION OF PREVIOUS HOUSING ARRANGEMENTS
37. The provisions of this agreement with respect to rental
housing and home purchase assistance shall, except as provided
herein, supersede the provisions of the existing Housing
Agreements to the intent that this agreement will provide the
arrangements between the Commonwealth and each State in
relation to the provision of rental housing, including the sale
of housing so provided, and to the provision of assistance for
home purchasers under the previous housing arrangements and
this agreement.
PART XIII - OBSERVANCE OF AGREEMENT
38. The Commonwealth shall provide for or secure the
performance by it and its authorities of the obligations of the
Commonwealth under this agreement and each of the States shall
provide for or secure the performance by the State and its
authorities of the obligations of the State under this
agreement.
39. A State shall determine an agency or agencies (including
bodies or organisations that are not authorities of the State)
for the performance of this agreement on behalf of the State
and acts and things that are done by or with respect to the
agency or agencies so determined shall, for the purposes of
this agreement, be deemed to have been done by or with respect
to the State.
40. If the Minister, in writing under his hand, informs the
Treasurer of a State he is satisfied that the State has failed
to ensure that an amount of financial assistance provided to
the State has been applied for the purposes and in the manner
provided for by this agreement with respect to that financial
assistance, the State will repay that amount, or such part of
that amount as the Minister thinks reasonable, to the
Commonwealth.
41. If a State fails for any reason to meet the requirement for
the provision by it of matching funds in accordance with Part
VI or Part XI with respect to any financial assistance that has
been provided to it, the State will upon request by the
Minister, in writing under his hand, repay to the Commonwealth
the amount of that financial assistance or so much of that
amount as is specified in the request.
PART XIV - TRIENNIAL EVALUATION
42. In accordance with the arrangements to be agreed upon
between the Minister and the State Minister the operation of
the agreement is to be evaluated triennially.
PART XV - SUPPLY OF INFORMATION
43. (1) A State will furnish in respect of each year to the
Commonwealth by the thirtieth day of November next occurring
after that year and in a reasonable form to be determined by
the Minister after consultation with the State Minister -
(a) statements which set out particulars of the expenditure
during the year by the State of -
(i) matching funds on programs agreed upon by the Minister and
the State Minister; and
(ii) grants for specific housing assistance;
(b) statements in respect of the operation of -
(i) the Home Purchase Assistance Account; and
(ii) the rental housing assistance program, which show the
origin of funds received, and the manner in which funds were
applied; and
(c) statements which set out -
(i) the manner in which the State has fixed rents in accordance
with clause 32;
(ii) the total of the amount forgone by the State in accordance
with clause 33 for that year and the basis thereof;
(iii) the excess of the amounts that are received into the Home
Purchase Account over payments that are made from that Account
in accordance with sub-clause 25 (2);
(iv) the guidelines determined pursuant to sub-clause 27 (3)
and the number of cases and amount forgone as a result of
application of the guidelines;
(v) any surplus of revenue over outgoings, after allowing for
rent forgone, arising from rental housing operations; and
(vi)all proceeds of sale in that year of rental housing.
(2) A statement furnished pursuant to sub-clause (1) is to be
certified as to its correctness by a person appointed by the
State Minister for that purpose.
(3) A State Minister will, upon request by the Minister, supply
to the Minister such information relevant to the operation of
this agreement in respect of the State and other information
relating to expenditure by the State on housing assistance
generally as is reasonably so requested.
PART XVI - VARIATION OF AGREEMENT
44. (1) The provisions of this agreement other than Part IV may
be varied as between the Commonwealth and a State by agreement
in writing between the Minister and the State Minister but only
after consultations between the Minister and other State
Ministers.
(2) A copy of an agreement or copies of the documents which
constitute an agreement under sub-clause (1) shall be tabled in
the Parliaments of the Commonwealth and of the State within 15
sitting days of respective Parliaments from the date upon which
the agreement is made.
(3) An agreement under sub-clause (1) shall not affect the
operation of this agreement as between the Commonwealth and the
States other than that with which the agreement has been made.
PART XVII - REPRESENTATION AND COMMUNICATIONS
45. (1) The Commonwealth shall, subject to sub-clause (2), be
represented for the purposes of this agreement by the
Department of Housing and Construction and the Minister shall
notify the State Minister of the address of that Department and
of any change at any time of that address.
(2) In the event that the administration of this agreement for
the Commonwealth is allocated to a Minister other than the
Minister for Housing and Construction, the Commonwealth shall
be represented by the Department administered by that other
Minister and that Minister shall notify the State Minister of
the address of that Department.
46. The State shall be represented for the purposes of this
agreement by the Department administered by the State Minister
or such other agency of the State as the State Minister shall
nominate (Agency) and the State Minister shall notify the
Minister of the address of that Department or Agency and of any
change at any time of the Department or Agency or of the
address.
47. (1) A notice or other communication under or in connexion
with this agreement shall be duly given if it is in writing
signed by, or on behalf of, or attributed to, the head of the
Department or Agency by which it is given and addressed to or
delivered at the address of the Department or Agency to which
it is directed.
(2) For the purposes of this clause writing includes a
teleprinter message and the address for such a message shall be
the teleprinter address of the receiving Department or
Agency.
(3) A notice or other communication shall be given under this
clause when it is received in the appropriate form by the
Department or Agency to which it is directed.
FIRST SCHEDULE
Clause 6
EXISTING HOUSING AGREEMENTS
1. The 1945 Agreement
Agreement made 19 November 1945 between the Commonwealth and
the State to which Tasmania is not now a party - Act No. 44 of
1945.
2. The 1955 Agreement
Supplemental Agreement made 16 April 1955 between the
Commonwealth and the States, other than Tasmania - Act No. 12
of 1955.
3. The 1956 Agreement
Agreement made 13 February 1957 between the Commonwealth and
the States - Act No. 43 of 1956.
4. The 1961 Agreement
Agreement made 4 October 1961 between the Commonwealth and the
States - Act No. 31 of 1961.
5. The 1966 Agreement
Agreement made 21 December 1966 between the Commonwealth and
the States - Act No. 24 of 1966.
6. The 1973 Agreement
Agreement made 17 October 1973 between the Commonwealth and the
States - Act No. 43 of 1973.
7. The 1974 Agreement
Supplemental Agreement made 20 December 1974 between the
Commonwealth and the States - Act No. 102 of 1974.
8. The 1978 Agreement
Agreement made 17 October 1978 between the Commonwealth and the
States - Act No. 79 of 1978.
9. The 1980 Northern Territory Agreement
Agreement made 11 March 1980 between the Commonwealth and the
Northern Territory.
10. The 1981 Agreement
Agreement made 23 December 1981 between the Commonwealth, the
States and the Northern Territory but in relation to the period
1 July 1981 to 30 June 1984 only.
SECOND SCHEDULE
Clause 32
COST RENT FORMULA
The following formula is to be used to determine real cost
rents for public rental accommodation. States are to charge
rents at least equal to those resulting from the use of this
formula. The formula is not to be applied to the costs of
individual dwellings but rather to the total cost pool of the
rental stock. In allocating the total cost rent pool to
individual tenancies States will have regard to variation in
housing standards and locations within the constraints of
available administrative arrangements for assessing these
variations.
1. Recovery of operating expenses
The costs to be recovered in this area are ordinarily listed in
the rental accounts of State housing authorities as yearly
expenditure items. These include:
(a) administration;
(b) rates;
(c) insurance;
(d) specific operating expenses associated with particular
types of units;
(e) annual maintenance;
(f) yearly allowance for rent arrears and debts written off;
(g) yearly allowance for vacancies;
(h) leasing expenses related to land and dwellings;
(i) operating expenses of community facilities;
(j) any other operating costs agreed between Federal and State
Housing Ministers.
2. Interest Charges
Interest payable on loan funds invested in public rental
housing.
3. Depreciation
(i) depreciation rate is to reflect a life of between 40-75
years of the capital improvements on the land;
(ii) the value of capital improvement will be based on the
estimated current capital improved value;
(iii) the minimum annual depreciation rate will be not less
than the rate resulting from a term of 75 years.
IN WITNESS WHEREOF etc.

HOUSING ASSISTANCE ACT 1984 - SCHEDULE 2

SCH

SCHEDULE 2 Sub-section 9 (2)
State $
New South Wales 160,461,000
Victoria 125,147,000
Queensland 58,720,000
Western Australia 44,192,000
South Australia 61,284,000
Tasmania 24,913,000
Northern Territory 20,283,000