Homes Tasmania Act 2022

On the commencement day –

the appointment of a person under the repealed Act as the Director of Housing is terminated; and

the State Service Act 2000 ceases to apply to the person referred to in paragraph (a) in respect of the person's appointment under the repealed Act as the Homes Tasmania chief executive officer.

The termination of a person’s appointment as the Director of Housing under this clause does not entitle the person to compensation, or another form of consideration or payment, solely due to the termination of appointment under this clause.

For the avoidance of doubt, legal proceedings may be continued against Homes Tasmania on and after the commencement day if the proceedings –

are instituted by or against –

are pending or on foot on the commencement day.

For the avoidance of doubt, legal proceedings may be instigated by or against Homes Tasmania on and after the commencement day if the proceedings –

relate to a right or liability that had accrued, and was in existence, immediately before the commencement day; and

if this Act had not commenced, could have been instituted by or against –

For the avoidance of doubt, a judgement or order of a court obtained by or against the former Director of Housing may, on and after the commencement day, be enforced by or against Homes Tasmania.

A reference to the Director of Housing in any contract, instrument, security, guarantee, indemnity, loan, mortgage, lease, notice, or other document, that was, before the commencement day, entered into, issued, given or created, under or for the purposes of the repealed Act and that is in effect immediately before the commencement day, is to be taken to be a reference to Homes Tasmania.

A reference in any register, including the register kept under the Land Titles Act 1980, or any document issued under or for the purposes of that Act, to the Director of Housing is to be taken to be a reference to Homes Tasmania.

An approval, determination, delegation, or other decision, that –

is made or given, by or on behalf of the Director of Housing, under or for the purposes of a provision of the repealed Act; and

is in effect immediately before the commencement day –

A reference, in an order made under section 12 of the Crown Lands Act 1976, to the Director of Housing or the Homes Act 1935 is to be taken to be a reference to Homes Tasmania and this Act, respectively.

Any guidelines issued by the Treasurer under section 8B of the repealed Act and in effect immediately before the commencement day are to be taken to be, after the commencement day, guidelines, issued by the Treasurer under section 31 of this Act, that apply to the provisions of this Act that most closely approximate the provisions to which the guidelines relate.

Nothing in subclause (1) is to be taken to prevent the amendment or revocation, under section 31 of this Act, of the guidelines to which that subclause relates.

A direction that was given under section 18AC of the repealed Act by the Minister and that is in effect immediately before the commencement day is to be taken, after the commencement day, to be a direction given under section 67(4) of this Act to Homes Tasmania.

Nothing in subclause (1) is to be taken to prevent the amendment or revocation, under section 67(4) of this Act, of a direction to which subclause (1) relates.

A notice that was, under a provision of the repealed Act, published in the Gazette and that was in effect immediately before the commencement day is to be taken to be a notice so published for the purposes of the provision of this Act that most closely approximates the provision of the repealed Act.

Nothing in subclause (1) is to be taken to prevent the amendment or revocation, under a provision of this Act, of a notice to which that subclause relates.

A record, statement or other document required to be kept by the former Director of Housing under the repealed Act is to be taken to be, on and after the commencement day –

a record, statement or document in relation to Homes Tasmania; and

a record, statement or document required to be kept under the equivalent provision of this Act in respect of Homes Tasmania.

A register or list kept for the purposes of section 41 of the repealed Act is to be taken, after the commencement day, to be a register, or list, respectively, kept for the purposes of section 103.

A reference, in a notification that is lodged with the Recorder under section 18B of the repealed Act and registered in accordance with that section, to land being subject to that section, is to be taken, after the commencement day, to be a reference to the land being subject to section 70.