Aboriginal Housing Act 1998

If an order under this Part transfers the assets, rights and liabilities of the State in connection with an existing housing agreement (as referred to in clause 4) to the Aboriginal Housing Office, and a person or body who is a party to that agreement is or becomes a registered Aboriginal housing organisation under this Act, the agreement is taken, unless the AHO otherwise directs, to be an AHO housing agreement under this Act.

The AHO is taken, for the purposes of section 18, to have an interest in land of the registered Aboriginal housing organisation, even if the land was acquired by the organisation before the commencement of this clause, if in connection with the existing housing agreement—

the land was transferred to the registered Aboriginal housing organisation by or on behalf of the State, or

the land was acquired by the registered Aboriginal housing organisation with funding provided by or on behalf of the State, or

housing was constructed on the land, or other improvements were made to it, by or on behalf of the State.

Section 21 applies in relation to that land.

Despite subclause (3), section 21 (1) is taken not to apply to any transfer or other dealing in relation to that land that is lodged with the Registrar-General before the Registrar-General makes a recording in respect of the land on the application of the AHO (as provided for by section 21 (2)). Accordingly, section 21 (4) does not prevent the registration of such a transfer or dealing.

This clause does not prevent an existing housing agreement being varied or replaced by further agreement between the AHO and the registered Aboriginal housing organisation concerned.