Housing Act 1982

This Act may be cited as the Housing Act 1982.

This Act shall come into operation on a date to be fixed by the

Administrator by notice in the Gazette.

The Acts specified in the Schedule are repealed.

This Act binds the Crown in right of the Territory.

In this Act:

acceptable behaviour agreement , see section 28B.

affected person, for Part 6, see section 28J(1).

antisocial behaviour , see section 28A.

appoint includes reappoint.

authorised officer means a person appointed to be an authorised officer under section 28Q.

CEO is an acronym for the Chief Executive Officer.

CHP premises, see section 28YB(1).

common property means:

(a) common property, as defined in section 4 of the Unit Titles Act 1975; or

(b) common property of a scheme, as defined in section 33(1) of the Unit Title Schemes Act 2009.

community housing provider means a registered community housing provider as defined in section 4(1) of the Community Housing Providers National Law (NT).

dangerous article means anything designed, or capable of being used, to inflict harm on a person.

dwelling means a house built or otherwise acquired, and retained, by the Chief Executive Officer (Housing) or a house in the control of the Chief Executive Officer (Housing) as agent for the purpose of section 16(2)(h).

eligible person means a person who meets the social housing eligibility criteria as determined from time to time.

equipment, in relation to a dwelling, includes any furnishings, fitments and appliances provided in the dwelling by the Chief Executive Officer (Housing) for the better use of the dwelling as a residence.

former Act means the Housing Act 1959 as in force immediately before the commencement of this Act.

former Commission means the Northern Territory Housing Commission established by the former Act.

Home Finance Trustee means the Home Finance Trustee within the meaning of section 4 of the Housing Loans Act 1949.

house means a residence of any kind and includes:

(a) an apartment, flat, hostel, townhouse, transportable home or unit; and

(b) accommodation declared by the Minister, by Gazette notice, to be a house for the purposes of this Act; and

(c) the appurtenances, out-buildings, fences and permanent provision for lighting, water supply, drainage and sewerage provided in connection with a house,

and, in relation to letting, vacating, evicting or selling, also includes the land on which a house is situated, but does not otherwise include any land.

information sharing entity, for Part 8, Division 1A, see section 35A.

let, in relation to a dwelling, includes sub-let and also includes lease or sub-lease the land on which the dwelling is situated.

liquor, see section 4(1) of the Liquor Act 2019.

maintain means repair, alter, extend, renovate, equip, furnish or otherwise affect premises.

market value, in relation to a dwelling, means the highest amount that, in the opinion of the Valuer-General, the dwelling, including the land on which the dwelling is situated, could be sold for if offered for sale by private treaty.

on, in relation to a place (however described), includes at or in the place.

original decision, see section 28H.

premises means a house and includes the land upon which a house is built.

prescribed housing scheme means a housing scheme prescribed by regulation for section 22.

prescribed offence means an offence against any of the following:

(a) section 241 of the Criminal Code 1983 or any other provision of the Code if assault is an element of the offence;

(d) section 13(1) or (2), 14(1), 15(1) or (2), 16(1) or 17(2) of the Trespass Act 2023.

public housing development means a building development consisting of:

(a) units for which the Chief Executive Officer (Housing) is the registered proprietor, or lessee, of all units in the development; or

(b) apartments, flats or townhouses (but not units) for which the Chief Executive Officer (Housing) is the registered proprietor or lessee of the lot on which the building development is situated.

public housing premises means:

(a) premises that are owned or leased by the Chief Executive Officer (Housing) or the Territory for the purpose of being let to eligible persons by the Chief Executive Officer (Housing) or the Territory under a prescribed housing scheme, whether or not the premises have been let; and

(i) a unit in a public housing development – any common property in the development; or

(ii) an apartment, flat or townhouse in a public housing development – any common areas in the development.

reasonably believes means believes on grounds that are reasonable in the circumstances.

recognised occupier, of premises, means someone whom the tenant of the premises has notified the Chief Executive Officer (Housing), in writing, is or will be occupying the premises and the Chief Executive Officer (Housing) has made a notation in relation to the lease about the occupancy.

reconsidered decision, for Part 6, see section 28K(1).

social housing eligibility criteria, see section 20A(1).

social housing lease, see section 5AA.

tenant of public housing premises means the person specified in the lease for the public housing premises as the tenant of those premises.

unit means:

(a) a unit, as defined in section 4 of the Unit Titles Act 1975; or

(b) a unit of a scheme, as defined in section 37 of the Unit Title Schemes Act 2009.

A social housing lease is:

Note for section

5AA

A social housing lease is a tenancy agreement under the Residential Tenancies Act 1999.

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note for section 5A

Part IIAA of the Criminal

Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

(1) There is established an entity by the name of the Chief Executive Officer (Housing).

(c) is capable, in its corporate name, of acquiring, holding and disposing of real, leasehold and personal property and of suing and being sued.

(3) All courts, judges and persons acting judicially must take judicial notice of the seal of the Chief Executive (Housing) affixed to a document and must presume that it was duly affixed.

The Chief Executive Officer (Housing) is constituted by the Chief

Executive Officer, as defined in section 3 of the Public Sector

Employment and Management Act 1993, of the Agency responsible under the Minister for the administration of this Act.

Officer (Housing), the CEO must, as soon as practicable after he or she becomes aware of a potential conflict of interest because of that pecuniary interest, disclose the nature of it to the Minister, and the Chief Executive Officer (Housing) must, subject to subsection (2), refrain from further consideration of, or from considering, that matter.

The functions of the Chief Executive Officer (Housing) are:

(Housing) under this or any other Act.