Defence Housing Australia Act 1987

In this Act, unless the contrary intention appears:

is designated, in writing, by the Minister for the purposes of section 60; and

is occupied by an SES employee or acting SES employee.

the government of the foreign country or of part of the foreign country; or

an authority of the government of the foreign country; or

an authority of the government of part of the foreign country; or

a local government body or regional government body of the foreign country; or

a public enterprise of the foreign country.

any building or part of a building that is used or intended to be used, in whole or in substantial part, for residential accommodation, whether consisting of:

a single unit of accommodation;

2 or more attached units of accommodation; or

multi‑storey units of accommodation; and

outbuildings, fences, walls, permanent provision for lighting, for heating, for water supply, for drainage and for sewerage, and other appurtenances of a house (including a building or part of a building referred to in paragraph (a)).

The question whether a company is a subsidiary of DHA shall be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Corporations Act 2001.

A reference in this Act to dealing with securities includes a reference to:

creating, executing, entering into, drawing, making, accepting, indorsing, issuing, discounting, selling, purchasing and reselling securities;

creating, selling, purchasing and reselling rights and options in relation to securities; and

entering into agreements and other arrangements in relation to securities.

The main function of DHA is to provide adequate and suitable housing for, and housing‑related services to:

members of the Defence Force and their families; and

officers and employees of the Department and their families; and

persons who provide goods or services to the Defence Force, and their families; and

persons who provide goods or services to the Department, and their families; and

persons for whom the provision of such housing or services would facilitate engagement in activities with or for the Defence Force, and their families; and

members of a military organisation of a foreign country and their families; and

officials and employees of a government body of a foreign country and their families; and

contractors engaged by:

a military organisation of a foreign country; or

a government body of a foreign country; or

a contractor to which this paragraph applies (other than because of this subparagraph);

accredited representatives of registered charities and their families; and

persons in a class of persons covered by a determination under subsection (3) and their families;

DHA shall provide such housing and housing‑related services as the Minister, by notice in writing given to DHA, directs is necessary for DHA to provide in order to meet the operational needs of the Defence Force and the requirements of the Department.

The Minister may, by legislative instrument, determine classes of persons for the purposes of paragraph (1)(j).

The first additional function of DHA is to provide adequate and suitable housing for, and housing‑related services to:

officials of a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) other than the Department, and their families; and

persons contracted to provide goods or services to a non‑corporate Commonwealth entity (within the meaning of that Act) other than the Department, and their families;

The second additional function of DHA is to provide services ancillary to the services mentioned in subsection (1) and in subsection 5(1), to persons mentioned in those subsections, in order to meet the requirements of a non‑corporate Commonwealth entity (within the meaning of that Act).

DHA may perform a function mentioned in subsection (1) or (2) only to the extent mentioned in a determination under subsection (4).

The Minister may determine, in writing, the extent to which DHA may perform the function in relation to any of the following:

the persons to whom services can be provided;

the kinds of services that can be provided;

any other matter.

A determination made under subsection (4) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.

Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

DHA’s gross revenue from the performance of all of the following functions for a financial year must not exceed the amount mentioned in subsection (7):

the function mentioned in subsection (1);

the function mentioned in subsection (2), to the extent that it relates to the function mentioned in subsection (1).

The amount is DHA’s total gross revenue for the financial year multiplied by:

if a percentage under 25% is prescribed by the regulations for the purposes of this subsection—that percentage; or

otherwise—25%.

For the purposes of subsections (6) and (7), DHA’s gross revenue and total gross revenue for the financial year are to be determined from its audited annual accounts.

DHA has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions and, in particular, may:

purchase and otherwise acquire, and sell and otherwise dispose of:

land and any interest in land; and

houses;

develop land;

build, demolish, alter, renovate, maintain, repair and improve houses;

convert buildings and other structures that are not houses into houses;

rent out, and generally manage and control:

land and houses acquired by it; and

land and houses that are:

owned or held under lease by the Commonwealth or a State or Territory; and

made available to it;

determine and collect rents, fees and charges in relation to land and houses rented out by it;

evict tenants and otherwise recover possession of land and houses referred to in paragraph (e);

provide and improve amenities, facilities and services for persons living in houses rented out by it;

purchase and take on hire, and dispose of, plant, machinery, equipment and other goods;

hire out plant, machinery, equipment and other goods not immediately required by it;

make charges for work done, and services rendered, by it;

provide transport, accommodation, amenities, facilities and services for members of the staff of DHA and their families;

enter into contracts;

appoint agents and attorneys and act as an agent for other persons;

engage consultants;

form, and participate in the formation of, companies;

enter into partnerships;

participate in joint ventures;

accept gifts, grants, bequests and devises made to it and act as trustee of money and other property vested in it on trust; and

do anything incidental to any of its powers.

DHA shall not, except with the written approval of the Minister, enter into a contract involving the payment by it of an amount exceeding $6,000,000, or a greater amount specified in a determination under subsection (3).

The Minister may determine, in writing, an amount for the purposes of subsection (2).

A determination made under subsection (3) is not a legislative instrument.

DHA:

is a body corporate; and

is to have a seal; and

may acquire, hold and dispose of real and personal property; and

may sue and be sued.

The Public Governance, Performance and Accountability Act 2013 applies to DHA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

The seal of DHA shall be kept in such custody as the Board directs and shall not be used except as authorised by the Board.

All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of DHA appearing on a document and shall presume that it was duly affixed.

The functions of the Board are to ensure the proper and efficient performance of the functions of DHA and, subject to the provisions mentioned in subsection (2), to determine the policy of DHA with respect to any matter.

The provisions are as follows:

subsection 5(2);

section 31;

section 60;

section 63A;

section 66A.

The Board consists of the following members:

the Chairperson;

a current or former APS employee or Agency Head (within the meaning of the Public Service Act 1999), with a background in Defence, nominated by the Secretary of the Department;

a current or former member of the Defence Force nominated by the Chief of the Defence Force;

a person nominated by the Finance Secretary;

the Managing Director;

4 commercial members.

The performance of the functions, and the exercise of the powers, of DHA are not affected by reason only of vacancies in the membership of the Board.

The Chairperson and the other appointed members, other than the appointed member referred to in paragraph 12(1)(d), are to be appointed by the Minister by written instrument.

The appointed member referred to in paragraph 12(1)(d) is to be appointed by the Finance Minister by written instrument.

A person is not eligible for appointment as a member referred to in paragraph 12(1)(f) unless the person appears to the Minister to be suitably qualified for appointment by virtue of expertise in one or more of the following fields:

housing operations;

property development or management;

business management;

real estate management;

finance;

building or construction management;

social planning.

The appointment of a person as an appointed member is not invalid because of a defect or irregularity in connection with the person’s appointment.