Australian Capital Territory Numbered Acts

RESIDENTIAL TENANCIES LEGISLATION AMENDMENT ACT 2023 (NO. 5 OF 2023) - SCHEDULE 1

Schedule 1     Housing Assistance Act 2007—Other amendments

(see s 3)

[1.1]     Sections 20 and 21

substitute

20     Approved housing assistance programs—determinations

    (1)     The housing commissioner may make a determination for an approved housing assistance program.

    (2)     A determination is—

        (a)     for a determination that deals with a relevant matter—a disallowable instrument; or

        (b)     for any other determination—a notifiable instrument.

    (3)     In this section:

"relevant matter" means—

        (a)     the review of a person's entitlement to housing assistance; or

        (b)     requiring a person receiving housing assistance to move to alternate premises; or

        (c)     eligibility for temporary housing assistance.

21     Approved housing assistance programs—operational guidelines

    (1)     The housing commissioner may make guidelines for the management or operation of an approved housing assistance program.

    (2)     A guideline is—

        (a)     for a guideline that deals with a relevant matter—a disallowable instrument; or

        (b)     for any other guideline—a notifiable instrument.

    (3)     In this section:

"relevant matter"—see section 20 (3).

[1.2]     New section 22 (2A) and (2B)

insert

    (2A)     Subsection (2B) applies if—

        (a)     an entity is currently being charged less than the market rent for the housing (disregarding any rent rebate); and

        (b)     if the housing commissioner were to increase the rent to market rent—the increase would be more than the amount prescribed by regulation for the Residential Tenancies Act 1997

, section 64B (Limitation on rent increases).

    (2B)     Despite subsection (1), the housing commissioner may decide to only increase the rent by an amount up to the prescribed amount.

[1.3]     New part 11

insert

Part 11     Transitional—Residential Tenancies Legislation Amendment Act 2023

111     Meaning of commencement day —pt 11

In this part:

"commencement day" means the day the Residential Tenancies Legislation Amendment Act 2023 , schedule 1, amendment 1.1 commences.

112     Housing assistance program determinations

    (1)     The Housing Assistance Public Rental Housing Assistance Program (Review of Entitlement to Housing Assistance) Determination 2020 (No 1)

(NI2020-658), as in force immediately before the commencement day, is taken to be a disallowable instrument made under section 20.

    (2)     The Legislation Act

, chapter 7 (Presentation, amendment and disallowance of subordinate laws and disallowable instruments) does not apply to the instrument mentioned in subsection (1).

    (3)     The following determinations, as in force immediately before the commencement day, are taken to be notifiable instruments made under section 20:

              •     Housing Assistance Public Rental Housing Assistance Program (Community Rental Housing Assistance – Modified Eligibility Criteria) Determination 2012 (No 1)

(NI2012-254)

              •     Housing Assistance Public Rental Housing Assistance Program (Exempt Income and Assets) Determination 2020 (No 1)

(NI2020-113)

              •     Housing Assistance Public Rental Housing Assistance Program (Exempt Income and Assets) Determination 2020 (No 2)

(NI2020-173)

              •     Housing Assistance Public Rental Housing Assistance Program (Housing Needs Categories) Determination 2011 (No 2)

(NI2011-507)

              •     Housing Assistance Public Rental Housing Assistance Program (Residency Time Limits—Exemptions) Determination 2020 (No 1)

(NI2020-521)

              •     Housing Assistance Public Rental Housing Assistance Program (Special Needs Applicants and Dwellings) Determination 2012 (No 1)

(NI2012-358).

113     Operational guidelines

All guidelines (other than NI2013-534) made under section 21, as in force immediately before the commencement day, are taken to continue in force.

Note     The Residential Tenancies Legislation Amendment Act 2023 , s 4 repealed NI2013-534.

114     Expiry—pt 11

This part expires 1 year after the commencement day.

Note     A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).

[1.4]     Dictionary, notes 1 and 2

substitute

Note     The Legislation Act

contains definitions relevant to this Act. For example:

              •     ACAT

              •     director-general (see s 163)

              •     entity

              •     exercise

              •     function

              •     planning and land authority

              •     reviewable decision notice

              •     territory land

              •     year.

[1.5]     Dictionary, new definition of temporary housing assistance

insert

"temporary housing assistance" means housing assistance identified as temporary housing assistance in an approved housing assistance program.