Housing Australia’s money
Division 2 Housing Australia’s money
59 Sections 48 and 48A
Omit “the NHFIC” (wherever occurring), substitute “Housing Australia”.
60 Subsections 49(1), (2) and (3)
Omit “the NHFIC” (wherever occurring), substitute “Housing Australia”.
61 Subsection 49(4)
Omit “The NHFIC’s”, substitute “Housing Australia’s”.
62 Subsection 49(5)
Omit “the NHFIC”, substitute “Housing Australia”.
63 Subsection 50(1)
Omit “the NHFIC”, substitute “Housing Australia”.
64 Subsection 50(2)
Omit “The NHFIC”, substitute “Housing Australia”.
65 Subsection 50(3)
Omit “the NHFIC”, substitute “Housing Australia”.
66 Subsection 50(4)
Omit “The NHFIC”, substitute “Housing Australia”.
67 Paragraphs 50(4)(a) and (b)
Omit “the NHFIC” (wherever occurring), substitute “Housing Australia”.
68 Subsection 50(5)
Omit “The NHFIC”, substitute “Housing Australia”.
69 Subsection 51(1)
Omit “the NHFIC” (wherever occurring), substitute “Housing Australia”.
70 Subsection 52(1)
Omit “the NHFIC”, substitute “Housing Australia”.
71 Subsection 52(1) (note)
Omit “the NHFIC”, substitute “Housing Australia”.
72 Subsection 52(2)
Omit “The NHFIC”, substitute “Housing Australia”.
73 Section 53 (heading)
Omit “NHFIC”, substitute “Housing Australia”.
74 Subsection 53(1)
Omit “The NHFIC”, substitute “Housing Australia”.
75 Subsection 53(2)
Omit “the NHFIC”, substitute “Housing Australia”.
76 Subsection 55(2)
Omit “the NHFIC”, substitute “Housing Australia”.
77 Paragraphs 56(a) and (b)
Omit “the NHFIC”, substitute “Housing Australia”.
78 Paragraph 56(c)
Omit “the NHFIC’s”, substitute “Housing Australia’s”.
79 Subsection 57A(1)
Omit “the National Housing Finance and Investment Corporation’s”, substitute “Housing Australia’s”.
80 Paragraph 57A(1)(a)
After “is issued”, insert “by the NHFIC”.
Part 2—Consequential amendments
Administrative Decisions (Judicial Review) Act 1977
81 Paragraph (zd) of Schedule 2
Repeal the paragraph, substitute:
decisions relating to the activities of Housing Australia under the Housing Australia Act 2018.
Freedom of Information Act 1982
82 Division 1 of Part II of Schedule 2 (item dealing with the National Housing Finance and Investment Corporation)
Omit “National Housing Finance and Investment Corporation”, substitute “Housing Australia”.
Part 3—Saving provision
83 Saving of appointments
This Schedule does not affect an appointment of the Chair of the Board, a member of the Board, or the Chief Executive Officer under the National Housing Finance and Investment Corporation Act 2018 that is in force immediately before the commencement of this item.
Subitem (1) does not prevent the termination of an appointment.
Subitem (1) does not limit section 25B of the Acts Interpretation Act 1901.
Schedule 2—Housing Australia functions
Part 1—Main amendments
Housing Australia Act 2018
1 Paragraph 3(c)
Omit “finance, grants or investments”, substitute “finance or grants”.
2 Section 4
Omit “loans, investments and grants”, substitute “loans and grants”.
3 Section 5
Insert:
capacity building function: see subsection 8(1C).
company means a body corporate.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
entity includes:
a company; and
a trust; and
a partnership.
financing function: see subsection 8(1A).
guarantee function: see subsection 8(1B).
4 Paragraphs 8(1)(a) to (cb)
Repeal the paragraphs, substitute:
the financing function; and
the guarantee function; and
the capacity building function; and
5 After subsection 8(1)
Insert:
Financing function
Housing Australia’s financing function is to make loans and grants to:
constitutional corporations, where this:
is for the purpose of improving, directly or indirectly, housing outcomes; and
assists the constitutional corporation in the performance or development of its activities, functions, relationships or business; and
States and Territories, where this:
is for the purpose of improving, directly or indirectly, housing outcomes; and
is provided by way of a grant of financial assistance to the State or Territory; and
entities, where this is for the purpose of improving, directly or indirectly, housing outcomes:
in a Territory; or
for Aboriginal or Torres Strait Islander people; or
for members of the Australian Defence Force; or
for aliens (within the meaning of paragraph 51(xix) of the Constitution).
Guarantee function
Housing Australia’s guarantee function is to issue guarantees to constitutional corporations, where this:
is for the purpose of improving housing outcomes; and
assists the constitutional corporation in the performance or development of its activities, functions, relationships or business.
Capacity building function
Housing Australia’s capacity building function is to provide business advisory services and other assistance in capacity building to:
registered community housing providers that are constitutional corporations, where this:
is for the purpose of improving housing outcomes; and
assists the registered community housing provider in the performance or development of its activities, functions, relationships or business; and
registered community housing providers, where this is for the purpose of improving housing outcomes:
in a Territory; or
for Aboriginal or Torres Strait Islander people; or
for members of the Australian Defence Force; or
for aliens (within the meaning of paragraph 51(xix) of the Constitution).
6 Subsection 8(2)
Repeal the subsection.
7 Before subsection 8(3)
Insert:
Obligation to act properly, efficiently and effectively
8 Section 10
Repeal the section, substitute:
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