Division 5 Provisions to protect Corporation’s interest in land

67Q   Director-General may require information from registered community housing provider

(1)  The Director-General may, by notice in writing, require a registered community housing provider or an officer of a registered community housing provider to do one or more of the following things:

(a)  provide, in accordance with directions in the notice, such information relating to the assets and liabilities of the community housing provider or any financial matter relating to the community housing provider as is specified in the notice,

(b)  produce, in accordance with directions in the notice, such records relating to the assets and liabilities of the community housing provider or any financial matter relating to the community housing provider as are specified in the notice and permit examination of the records, the taking of extracts from them and the making of copies of them,

(c)  authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),

(d)  furnish to the Director-General such authorisations and consents as the Director-General requires for the purpose of enabling the Director-General to obtain information (including financial and other confidential information) from other persons relating to the assets and liabilities of the community housing provider or any financial matter relating to the community housing provider.

(2)  A person who complies with a requirement of a notice under subsection (1) does not on that account incur a liability to another person.

(3)  A person who is the subject of a notice under subsection (1) must comply with a requirement of the Director-General contained in the notice.

Maximum penalty: 20 penalty units.

(4)  A reference in this section:

(a)  to an asset of a registered community housing provider extends to an asset that was previously owned by the community housing provider but has been disposed of, and

(b)  to a registered community housing provider includes a reference to a community housing provider whose registration has been cancelled.

67R   Instructions to community housing provider in relation to land in which Corporation has an interest

(1)  The Corporation may take action under this section in respect of a community housing provider that holds land in which the Corporation has an interest if:

(a)  the provider’s registration under this Part is cancelled, or

(b)  the provider has become insolvent, or

(c)  the land was vested in or transferred to the provider by order under this Part or in accordance with an instruction given under this Part and the provider failed to enter into a community housing agreement with the Corporation with respect to the land before the expiration of the period of 40 days after that vesting or transfer or the expiration of such other period as may be prescribed by the regulations.

(2)  The Corporation may give instructions to a community housing provider or an officer of a community housing provider requiring:

(a)  the transfer of land in which the Corporation has an interest so that it vests in the Corporation or in a specified registered community housing provider, or

(b)  that a term or condition of a community housing agreement that is binding on the community housing provider be complied with.

(3)  A community housing provider or officer of a community housing provider to whom an instruction is given under this section must comply with the instruction.

(4)  Before giving an instruction under this section, the Corporation is to have regard to the following matters:

(a)  the interests of any tenants of the community housing provider who may be affected,

(b)  the interests of any creditors of the community housing provider who may be affected.

(5)  This section applies to land in which the Corporation has an interest only if the interest has been recorded under section 67L (3).

67S   Displacement of Corporations Act 2001 (Cth) and other relevant legislation

(1)  Sections 67Q and 67R are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of that Act generally.

Note. Section 5G of the Corporations Act 2001 of the Commonwealth enables a State to displace the operation of the provisions of the Corporations legislation of the Commonwealth in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for the purposes of that section. See, in particular, section 5G (4), (5) and (11) of the Corporations Act 2001 of the Commonwealth in relation to the displacement effected by this section.

(2)  Sections 67Q and 67R prevail to the extent of any inconsistency with the Associations Incorporation Act 1984, the Associations Incorporation Act 2009 and the Co-operatives Act 1992.