Housing Act 2001 No 52

This Act is the Housing Act 2001.

This Act commences, or is taken to have commenced, on 1 July 2001.

In this Act—

building includes any part of a building and any appurtenance to a building, any fence, wall and any other structure or a part of a structure and any provision for lighting, heating, refrigeration, water supply, drainage or sewerage.

Commonwealth State agreement includes any agreement to which the Commonwealth and the State are parties, whether or not other persons or bodies are also parties to the agreement.

Corporation means the New South Wales Land and Housing Corporation constituted by this Act.

council has the same meaning as it has in the Local Government Act 1993.

Department means the Department of Communities and Justice.

exercise a function includes perform a duty.

function includes a power, duty or authority.

Home Purchase Assistance Fund means the fund established under the trust deed entitled “Trust Deed establishing the Home Purchase Assistance Fund”, being an agreement entered into on 14 February 1989 between the State, the Department of Housing, the Treasury, Permanent Custodians Limited and Permanent Trustee Company Limited.

house or housing means any kind of dwelling.

Housing Account means the account established under section 63.

housing area means a housing area constituted under section 36.

Housing Reserve Fund means the Housing Reserve Fund established under section 66.

proprietor in relation to land means the proprietor of a legal or equitable estate of fee simple in the land.

public authority means any public or local authority constituted by or under an Act other than this Act.

public housing means housing owned or leased by the Corporation, and managed by the Department, that is leased to members of the public that meet the Department’s or the Corporation’s eligibility criteria, but does not include housing leased to a person in accordance with the HomeFund Restructuring Act 1993 or that is substituted for housing leased in accordance with that Act or housing subject to a concurrent lease to a registered community housing provider.

registered community housing provider has the same meaning as it has in the Community Housing Providers National Law (NSW).

Secretary means the Secretary of the Department.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

s 3: Am 2007 No 48, Sch 1 [1]; 2010 No 3, Sch 1 [1]; 2012 No 59, Sch 2.1 [1]; 2015 No 58, Sch 3.44 [1]; 2016 No 53, Sch 1 [1] [2]; 2020 No 30, Sch 3.21[1].

Notes included in this Act are explanatory notes and do not form part of this Act.

Note—

For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of other Acts that are the subject of repeal by this Act.

(1)  The objects of this Act are as follows—

(a)  to maximise the opportunities for all people in New South Wales to have access to secure, appropriate and affordable housing,

(b)  to ensure that housing opportunities and assistance are available to all sections of the community with housing needs,

(c)  to ensure that public housing is developed as a viable and diversified form of housing choice,

(d)  to ensure that public housing and community housing reflects the housing standards of the general community and is designed to cater for the ongoing needs of consumers,

(e)  to maximise the opportunities for tenants of public and community housing programs to participate in the management of their housing and in the development of public and community housing policies,

(f)  to ensure that the public housing system focuses on housing people who are most in need,

(f1)  to ensure that the available supply of public housing is shared equitably among people who are most in need,

(g)  to promote equity between levels of assistance provided to people living in public housing, community housing, private rental housing and those who own or are purchasing their homes,

(h)  to maintain an efficient housing administration to ensure the effective co-ordination and provision of all housing services,

(i)  to encourage social mix and the integration of different housing forms in existing and new communities,

(j)  to ensure that registered community housing is developed as a viable and diversified component of the New South Wales social housing sector,

(k)  to support the provision of registered community housing for people on a very low, low or moderate income,

(l)  to facilitate the provision of assistance to home purchasers on low to moderate incomes,

(m)  to provide for the management of such existing and future home purchase assistance schemes (including the portfolio of loans under HomeFund schemes) as the Minister directs,

(n)  to provide for the funding of such other rental and home purchase assistance schemes as the Minister directs,

(o)  to encourage the development of flexible and innovative financial arrangements to facilitate access to home ownership for persons in receipt of low and moderate incomes,

(p)  to ensure appropriate mechanisms and forums are established to allow input into housing policy by representative community organisations and non-government agencies involved in housing policy and provision,

(q)  to attract investment in public housing, including related activities such as tenant employment and the provision of integrated services,

(r)  to enable the provision under this Act of corporate, technical and information technology services, in or outside New South Wales, to government and non-government agencies.

(2)  In the administration of this Act, regard is to be had to the objects of this Act to the maximum extent possible taking into consideration the needs of the State and available resources, and subject to any directions of the Minister.

s 5: Am 2001 No 129, Sch 3.2 [1]; 2005 No 79, Sch 2.2; 2007 No 48, Sch 1 [2]–[4].

(1)  The Minister may recommend to the Governor that any area should be constituted a housing area and any such recommendation must be accompanied by a plan indicating the area proposed to be constituted a housing area.

(2)  If the Minister has made a recommendation with respect to any area, the Governor may by notification published in the Gazette and in a newspaper circulating in the area concerned declare the area to be a housing area and on the publication of the notification in the Gazette the area is constituted a housing area.

(3)  The Governor may revoke any such notification on a similar recommendation and in a similar manner.

(4)  The Corporation must cause a plan of the housing area to be lodged with—

(a)  the Registrar-General, and

(b)  the Valuer-General, and

(c)  the council of the area within which the housing area is situated.

(1)  During any period within which any notification is in force in respect of any housing area under this Part, the owner of, and any other person having an interest in, the land within the housing area must not, without the consent of the Corporation—

(a)  construct, build, place, reconstruct, rebuild, demolish, damage, replace or repair any building or work or part of a building or work on the land, or

(b)  sell the land or any part of the land or any interest in the land, or

(c)  lease the land or any part of the land for a term exceeding one year.

Maximum penalty—10 penalty units.

(2)  On the acquisition for the purposes of this Act of any land within a housing area, no compensation is payable in respect of any improvements made in contravention of subsection (1).

(3)  If any transaction is entered into in contravention of subsection (1) (b) or (c), the transaction is not invalid, and the rights, powers and remedies of any person under the transaction are the same as if this section had not been enacted.

This Part applies to tenants—

(a)  who are renting public housing, or

(b)  who are renting housing leased in accordance with the HomeFund Restructuring Act 1993 or that is substituted for housing leased in accordance with that Act, or

(c)  who belong to such class or classes of tenant as may be prescribed by the regulations.

A tenant to whom this Part applies may make an application to the Corporation in a form approved by the Corporation for a weekly rebate of rental.

(1)  The Corporation may, after making an investigation under section 58, grant to an applicant a weekly rebate of rental.

(2)  The amount of rebate is to be determined by the Corporation in accordance with guidelines approved by the Minister.

(1)  The Corporation may, after conducting an investigation under section 58, vary or cancel any rental rebate granted under this Part.

(2)  The Corporation is to determine the date (being a date occurring before, on or after the making of the determination) on which the variation or cancellation has effect or is taken to have effect.

(3)  The Corporation is to give notice in writing to a tenant of any decision to vary or cancel any rental rebate being received by the tenant and is to include in the notice the date on which the variation or cancellation takes effect or is taken to have effect.

(4)  If the Corporation reduces or cancels a tenant’s rental rebate under this Part with effect from a preceding date, the Corporation may, by notice in writing to the tenant, require the tenant to pay to the Corporation—

(a)  an amount equal to any rental rebate or part of a rental rebate received by the tenant on or after the date that the variation or cancellation took effect to which, because of the variation or cancellation, the tenant was not entitled, and

(b)  interest (at the rate prescribed under section 101 of the Civil Procedure Act 2005 in respect of unpaid judgments) on any outstanding amount under paragraph (a) from a date specified in the notice, being a date not earlier than the date on which the notice is issued to the tenant.

(5)  Any amount (together with interest) referred to in subsection (4) that is unpaid may be recovered by the Corporation as a debt in any court of competent jurisdiction.

s 57: Am 2008 No 62, Sch 2.29.

(1)  The Corporation may make an investigation to determine the weekly income of—

(a)  a person who is an applicant for, or a recipient of, a rental rebate under this Part, and

(b)  any other resident of the house in which that person resides.

(2)  The Corporation may require a person who is an applicant for, or a recipient of, a rental rebate under this Part to produce such evidence as the Corporation thinks fit of the person’s weekly income and of the weekly income of any other resident of the house in which that person resides.

In this Part—

approved community housing provider means a registered community housing provider approved by the Minister for the purposes of this Part.

registrable person has the meaning that it has in the Child Protection (Offenders Registration) Act 2000, and includes a corresponding registrable person within the meaning of that Act.

relevant authority means—

(a)  in the case of a tenant renting public housing—the Secretary, or

(b)  in the case of a tenant renting housing subject to a concurrent lease to an approved community housing provider—the approved community housing provider.

termination of a lease includes the termination of any right of a tenant to hold over (however arising) after the expiry of the period of the lease.

s 58A: Ins 2009 No 64, Sch 1 [1]. Am 2018 No 45, Sch 2 [1].

(1)  The Secretary may, on the recommendation of the Commissioner of Police, by written order terminate the lease of a tenant who is renting public housing and who is a registrable person.

(1A)  An approved community housing provider may, on the recommendation of the Commissioner of Police, by written order terminate the lease of a tenant who is renting housing subject to a concurrent lease to the approved community housing provider and who is a registrable person.

(1B)  An approved community housing provider may make an order under this section only with the approval of the Secretary.

(2)  The Commissioner of Police may make a recommendation under this section only if the Commissioner considers that the presence of the tenant at the housing places any neighbours in the locality or the tenant at risk of being physically harmed or injured.

(3)  On termination of the lease, the tenant must vacate the housing the subject of the lease.

(4)  An order under this section terminating a lease operates—

(a)  to give the New South Wales Land and Housing Corporation or the approved community housing provider (as the case requires) an immediate right to exclusive possession of the premises concerned, and

(b)  to authorise any police officer, using such force as is reasonably necessary, to enter the premises concerned and take such steps as are reasonably necessary in order to give the Corporation or the approved community housing provider (as the case requires) possession of the premises.

(5)  This section extends to a lease entered into before the commencement of this Part.

s 58B: Ins 2009 No 64, Sch 1 [1]. Am 2015 No 58, Sch 3.44 [2]; 2018 No 45, Sch 2 [2]–[5].

(1)  On termination of a lease under this Part, the relevant authority must ensure alternative housing (whether or not public housing or housing subject to a concurrent lease) is made available to the tenant.

(2)  The relevant authority is required to ensure that alternative housing continues to be made available to the registrable person for so long as the person would have been a tenant under the terminated lease (subject to compliance by the registrable person with the terms and conditions under which the alternative housing is provided).

s 58C: Ins 2009 No 64, Sch 1 [1]. Am 2015 No 58, Sch 3.44 [2]; 2018 No 45, Sch 2 [6] [7].

(1)  No act or omission of a person in good faith in purported administration or execution of this Part gives rise to any civil liability against—

(a)  the person, or

(b)  the State or an authority of the State.

(2)  However, the relevant authority must ensure that the tenant is repaid any rent, fee or charges for occupying the housing referable to a period after termination of the lease under this Part.

s 58D: Ins 2009 No 64, Sch 1 [1]. Am 2015 No 58, Sch 3.44 [2]; 2018 No 45, Sch 2 [3] [8].

Parts 5–7 of the Residential Tenancies Act 2010 do not apply to or in respect of the termination of a lease under this Part.

s 58E: Ins 2009 No 64, Sch 1 [1]. Am 2010 No 42, Sch 3.6.

(1)  This section applies to a function (a protected function) conferred or imposed on any of the following persons (protected persons) by or under this Part—

(a)  the Secretary (including a delegate of the Secretary),

(b)  the Commissioner of Police (including a delegate of the Commissioner),

(c)  an approved community housing provider.

(2)  The exercise by any protected person of any protected function may not be—

(a)  challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or

(b)  restrained, removed or otherwise affected by any proceedings.

(3)  Without limiting subsection (2), that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by a protected person, with the provisions of this Act or the rules of natural justice (procedural fairness).

(4)  Accordingly, no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by the protected person, with those provisions or with those rules so far as they apply to the exercise of any protected function.

(5)  This section has effect despite any provision of this Act or other legislation or any other law (whether written or unwritten).

(6)  In this section—

exercise of functions includes—

(a)  the purported exercise of functions, and

(b)  the non-exercise or improper exercise of functions, and

(c)  the proposed, apprehended or threatened exercise of functions.

proceedings includes—

(a)  proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and

(b)  without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970,

but does not include any investigation or proceedings under the Independent Commission Against Corruption Act 1988.

s 58F: Ins 2009 No 64, Sch 1 [1]. Am 2015 No 58, Sch 3.44 [2]; 2018 No 45, Sch 2 [9].

In this Part—

joint venture has the same meaning as in the Government Sector Finance Act 2018.

private corporation means a corporation within the meaning of the Corporations Law, whether formed in or outside New South Wales.

subsidiary corporation means a private corporation in which the Corporation has a controlling interest.

s 59: Am 2018 No 70, Sch 3.33 [2].

(1)  The Corporation may, with the approval of the Minister, enter into a joint venture with other persons or bodies for any of the following purposes—

(a)  the acquisition, development, management or disposal of land for residential, business, public or other purposes,

(b)  the provision of services and products in relation to the provision of housing or to the housing industry,

(c)  implementing the objects of this Act.

(2)  The Corporation must not enter into a joint venture with a public authority constituted by or under an Act without the concurrence of the Minister administering that Act and the approval of the Treasurer.

(3)  The Treasurer may require the Minister and the Corporation to provide information to enable the Treasurer to determine whether to give a financial arrangement approval under the Government Sector Finance Act 2018 in relation to the joint venture or to grant concurrence under subsection (2).

(4)  The Corporation is to comply with any conditions to which the approval or concurrence of the Treasurer is subject.

(5)  Despite anything in any other Act, any public authority constituted by or under an Act is authorised and has power to enter into a joint venture referred to in this section and may do or suffer anything necessary or convenient for, or incidental to, carrying out the joint venture.

Note—

Part 6 of the Government Sector Finance Act 2018 requires a GSF agency under that Act, before entering into a joint venture arrangement, to obtain a financial arrangement approval for the arrangement unless the arrangement is authorised by a provision of that Act or the regulations or Treasurer’s directions under that Act.

s 60: Am 2018 No 70, Sch 3.33 [3] [4].

(1)  The Corporation, with the approval of the Minister and for the purpose of furthering the objects of this Act—

(a)  may form, or participate in the formation of, private corporations, and

(b)  may acquire interests in private corporations, and

(c)  may sell or otherwise dispose of interests in private corporations.

(2)  The Minister must not give such an approval except with the concurrence of the Treasurer.

(3)  The concurrence of the Treasurer may be given unconditionally or subject to conditions.

(4)  The regulations may make provision for or with respect to requirements to be met before the concurrence of the Treasurer is given. Such a regulation may be made only on the recommendation of the Treasurer.

(5)  The Treasurer may require the Minister and the Corporation to provide information to enable the Treasurer to determine whether to give concurrence under this section.

(6)  The Corporation is to comply with any conditions to which the concurrence of the Treasurer is subject and is to ensure that any subsidiary corporation to which the concurrence relates complies with any such condition.

(7)  A subsidiary corporation is not, and does not represent, the Crown.

(8)  Schedule 2 has effect.

The Corporation may, but only with the approval of the Minister and the Treasurer, form or join in forming a trust for any of the purposes referred to in section 60 (1).

(1)  There is to be established a Housing Account in the Special Deposits Account.

(2)  The Housing Account is to consist of—

(a)  all money advanced to the Corporation by the Treasurer or appropriated by Parliament for the purposes of the Corporation, and

(b)  all money received in respect of land sold or leased by the Corporation under this Act, and

(c)  all money directed or authorised to be paid into the Housing Account by or under this or any other Act, and

(d)  all money received by the Corporation from any other source (other than money required to be paid into the Housing Reserve Fund).

(3)  The Housing Account is to be applied for the purpose of enabling the Corporation to exercise its functions.

(4)  All expenditure incurred by the Corporation, including salaries, is to be met from the Housing Account.

(5)  The Corporation is to keep a separate account within the Housing Account in respect of the following—

(a)  money transferred to the Corporation by the operation of Schedule 3 that was, immediately before the transfer, held by the Home Purchase Assistance Authority and provided to the Authority under a Commonwealth State agreement to be used for the purposes of mortgage assistance,

(b)  all money made available to the Corporation under section 64.

s 63: Am 2019 No 14, Sch 1.10[1]–[3].

(1)  Except as otherwise determined by the Treasurer of the State, any money received by the State from the Treasurer of the Commonwealth in pursuance of any enactment of the Commonwealth passed either before or after the commencement of this Act under which money is granted to the States to be applied by the States for purposes contemplated by this Act, is to be paid by the Treasurer of the State to a special account in the Treasury.

(2)  From a special account referred to in subsection (1) the Treasurer of the State, on the recommendation of the Minister, is from time to time to make available to the Corporation money to meet expenditure incurred or to be incurred in carrying out the purposes for which the money was granted by the Commonwealth.

(3)  This section does not apply in respect of any money received by the State that is to be applied for the purposes of the Aboriginal Housing Act 1998.

The net proceeds of the sale of any land vested in the Corporation and of a class or description for the time being determined by the Treasurer, with the concurrence of the Minister, is to be paid from the Housing Account to the Consolidated Fund in accordance with arrangements determined from time to time by the Treasurer.

(1)  The Corporation is to establish a Housing Reserve Fund.

(2)  The following amounts must be paid into the Housing Reserve Fund—

(a)  contributions to the Home Purchase Assistance Fund,

(b)  money that is appropriated by Parliament for the purposes of the Fund,

(c)  money that is authorised or required, by or under this or any other Act or law, to be paid into the Fund,

(d)  interest and any other amounts from time to time accruing from the investment of the Fund.

(3)  Money may be paid out of the Housing Reserve Fund only for any of the following purposes—

(a)  contributing to the funding of any mortgage and rent relief program conducted by the State in accordance with any relevant Commonwealth State agreement,

(b)  contributing to the funding of rental housing and home purchase assistance programs in accordance with the State’s obligations to provide matching funds under any relevant Commonwealth State agreement,

(c)  contributing to the funding of any other housing program conducted or approved by the Minister, including any program for the restructuring of a HomeFund scheme.

(1)  The financial year of the Corporation is the same as the annual reporting period for the Department under the Government Sector Finance Act 2018.

(2)  Nothing in this Part affects the operation of the Government Sector Finance Act 2018.

s 67: Subst 2018 No 70, Sch 4.53[2].

(1)  The Corporation may, and whenever required by the Minister must, conduct investigations as to the methods that should be adopted to ensure the provision in the State of adequate housing accommodation on reasonable terms or at reasonable rentals.

(2)  The Corporation must furnish the Minister with a report setting out the results of any investigation made under this section.

(1)  A person is guilty of an offence if the person—

(a)  makes a statement (whether orally, in a document or in any other way) knowing that the statement—

(i)  is false or misleading, or

(ii)  omits any matter or thing without which the statement is misleading, and

(b)  the statement is made to—

(i)  obtain or claim a benefit from the Corporation or the Secretary, or

(ii)  deceive any member of staff of the Corporation or the Department in relation to obtaining a benefit from the Corporation or the Secretary, or

(iii)  affect the rate or amount of benefit from the Corporation or the Secretary.

Maximum penalty—3 months imprisonment or 20 penalty units, or both.

(2)  A person must not by means of personation or any other fraudulent device obtain or claim a benefit from the Corporation or the Secretary.

Maximum penalty—3 months imprisonment or 20 penalty units, or both.

(3)  A person—

(a)  who causes the commission of an offence against this section, or

(b)  by whose order or direction such an offence is committed, or

(c)  who aids, abets, counsels or procures or by act or omission is directly or indirectly concerned in the commission of such an offence,

is guilty in the same degree and liable to the same penalty as the principal offender.

(4)  In this section—

benefit means any accommodation, rental rebate, rental subsidy or any other advantage or concession.

s 69: Am 2008 No 7, Sch 1 [1]; 2015 No 58, Sch 3.44 [8]; 2018 No 45, Sch 2 [10]–[12].

(1)  A person must not, with the intention of retaining or continuing to obtain a benefit to which the person knows that he or she is not entitled, fail to notify the appropriate body of any relevant change of circumstances within the time specified in subsection (2).

Maximum penalty—3 months imprisonment or 20 penalty units, or both.

(2)  The appropriate body must be notified under subsection (1) within 28 days after the person first becomes aware of the relevant change of circumstances.

(3)  In this section—

appropriate body means—

(a)  in the case of a benefit from the Corporation—the Corporation, or

(b)  in the case of a benefit from the Secretary—the Secretary.

benefit has the same meaning as it has in section 69.

relevant change of circumstances means a change in the person’s circumstances that will remove or reduce the person’s entitlement to a benefit.

s 69A: Ins 2008 No 7, Sch 1 [2]. Am 2018 No 45, Sch 2 [13]–[15].

(1)  For the purposes of preventing or investigating fraud against the Corporation or the Secretary, or prosecuting a person for any such fraud, the Corporation or the Secretary (as the case requires) may request, collect, use and disclose information from any one or more of the following registers—

(a)  the NSW driver licence register within the meaning of the Road Transport Act 2013,

(b)  the NSW registrable vehicles register within the meaning of the Road Transport Act 2013,

(c)    (Repealed)

(d)  the Register maintained under section 31B of the Real Property Act 1900,

(e)    (Repealed)

(f)  any register maintained under the Maritime Services Act 1935 or the Marine Safety Act 1998 with respect to State registrable vessels.

(2)  A person or body who maintains a register referred to in subsection (1) is, on receipt of a written request from the Corporation or the Secretary, to disclose to the Corporation or the Secretary any information held on the register that relates to the person or property in respect of which the request is made.

(3)  The Corporation or the Secretary may, in relation to a request under this section for information about a person or property, disclose information about that person or property to the person or body to whom the request is being made.

(4)  In this section, information includes personal information within the meaning of the Privacy and Personal Information Protection Act 1998.

s 69B: Ins 2008 No 7, Sch 1 [2]. Am 2010 No 57, Sch 1.11; 2011 No 44, Sch 3.9; 2012 No 90, Sch 2.4; 2013 No 19, Sch 4.31; 2018 No 45, Sch 2 [16]–[18].

(1)  For the purposes of preventing or investigating fraud against the Corporation or the Secretary, the Corporation or the Secretary (as the case requires) may, by written notice, require a person to provide information, produce documents or appear before a person to give evidence and produce documents, as specified in the notice.

(2)  The Corporation or the Secretary is not to make any such requirement if it appears to the Corporation or the Secretary that—

(a)  the person concerned does not consent to compliance with the requirement, and

(b)  the person would not, in court proceedings, be required to comply with a similar requirement on the grounds of public interest, privilege against self-incrimination or legal professional privilege.

(3)  A person who, without reasonable excuse, fails to comply with the terms of a notice given to the person under this section is guilty of an offence.

Maximum penalty—20 penalty units.

s 69C: Ins 2015 No 34, Sch 2 [1]. Am 2018 No 45, Sch 2 [19]–[21].

(1)  If, through his or her association with the Department or the Corporation, a person has knowledge of specific information relating to proposals made, or to be made, under or for the purposes of this Act in respect of the acquisition, use, development or disposal of land and that information is not generally known but, if generally known, might reasonably be expected to affect materially the market price of that land, that person contravenes this subsection if that person—

(a)  deals, directly or indirectly, in that or in any other land for the purpose of gaining a personal advantage by the use of that information, or

(b)  divulges that information for the purpose of enabling another person to gain an advantage by using that information to deal, directly or indirectly, in that or in any other land.

Maximum penalty—20 penalty units.

(2)  If, through his or her association with the Department or the Corporation, a person is in a position to influence proposals made, or to be made, under or for the purposes of this Act in respect of the acquisition, use, development or disposal of land and does influence the proposals by securing the inclusion or alteration of any matter in, or the exclusion or omission of any matter from, the proposals, that person contravenes this subsection if that person—

(a)  does so for the purpose of gaining a personal advantage, or

(b)  does so for the purpose of enabling another person to gain an advantage.

Maximum penalty—20 penalty units.

(3)  If—

(a)  a contravention of subsection (1) occurs and an advantage, referred to in that subsection, is gained from any dealing in land to which the contravention relates, or

(b)  a contravention of subsection (2) occurs and an advantage, referred to in that subsection, is gained from any dealing in land which would not have been gained if the proposals concerned had not been influenced,

any person who gained that advantage is, whether or not any person has been prosecuted for or convicted of an offence in respect of a contravention of subsection (1) or (2), liable to another person for the amount of any loss incurred by that other person by reason of the gaining of that advantage.

(4)  If a loss referred to in subsection (3) is incurred by reason of an advantage gained from a dealing in land, the amount of the loss is the difference between the price at which the dealing was effected and—

(a)  in the case of any dealing to which subsection (1) relates, the price that, in the opinion of the court before which it is sought to recover the amount of the loss, would have been the market price of the land at the time of the dealing if the specific information used to gain that advantage had been generally known at that time, or

(b)  in any case to which subsection (2) relates, the price that, in the opinion of the court before which it is sought to recover the amount of the loss, would have been the market price of the land at the time of the dealing if the proposals concerned had not been influenced.

(5)  An action to recover a loss, referred to in subsection (3), may not be brought more than 5 years after the dealing in land in relation to which the loss was incurred.

(6)  For the purposes of this section, a person is associated with the Department or the Corporation—

(a)  if the person is employed in the Department or a member of staff of the Corporation, or

(b)  if the person is an employee of the Department of Planning and Environment or a person who is a member of a committee or subcommittee established by or under the Environmental Planning and Assessment Act 1979, or

(c)  if the person is a councillor or an employee of a council, or

(d)  if the person acts or has acted as banker, Australian legal practitioner, auditor or professional adviser or in any other capacity for the Department, the Corporation, the Minister, the Department of Planning and Environment or a council, or

(e)  if the person is a director, manager or secretary of a body corporate associated by virtue of paragraph (d).

s 70: Am 2005 No 98, Sch 3.32; 2015 No 58, Sch 3.44 [9]–[11].

(1)  A person must not disclose any information obtained in connection with the administration or execution of this Act (or any other Act conferring or imposing functions on the Corporation) unless that disclosure is made—

(a)  with the consent of the person from whom the information was obtained, or

(b)  in connection with the administration or execution of this Act (or any such other Act), or

(c)  for the purposes of any legal proceedings arising out of this Act (or any such other Act) or of any report of any such proceedings, or

(d)  in accordance with a requirement imposed under the Ombudsman Act 1974, or

(d1)  to a law enforcement agency for the purposes of law enforcement (including in connection with the investigation of an offence) or ascertaining the whereabouts of an individual who has been reported to a police officer as a missing person, or

(e)  with other lawful excuse.

Maximum penalty—20 penalty units.

(2)  In this section—

law enforcement agency means any of the following—

(a)  the NSW Police Force, or the police force of another State or a Territory,

(b)  the New South Wales Crime Commission,

(c)  the Australian Federal Police,

(d)  the Australian Crime Commission,

(e)  the Director of Public Prosecutions of New South Wales, of another State or a Territory, or of the Commonwealth,

(f)  the Department of Communities and Justice,

(g)  the Office of the Sheriff of New South Wales,

(h)  a person or body prescribed by the regulations for the purposes of this definition.

s 71: Am 2019 No 20, Sch 1.13[1] [2].

(1)  A document may be served on the Corporation by leaving it at, or by sending it by post to—

(a)  the office of the Corporation, or

(b)  if it has more than one office, any one of its offices.

(2)  Nothing in subsection (1) affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the Corporation in a manner not provided for by subsection (1).

A person is jointly and severally liable with another person (the tenant) to pay to the Corporation any amount that the tenant is liable to pay to the Corporation if—

(a)  the person lives or has lived with the tenant, and

(b)  the tenant is liable to pay the amount to the Corporation because the tenant improperly obtained a rental rebate or any other advantage or concession to which the tenant was not entitled because of the person living with the tenant, and

(c)  the person was over 18 years of age at the time the tenant became liable to pay the amount and knew, or should reasonably have suspected, that the tenant was improperly obtaining the rental rebate or the other advantage or concession.

s 72A: Ins 2008 No 7, Sch 1 [3].

(1)  The Corporation may, after obtaining an order of a court in proceedings against a person for the recovery of money, apply to the Registrar-General for registration of the order in relation to any land owned by the person (including any land owned jointly with another person).

(2)  An application may not be made under this section unless—

(a)  the amount payable to the Corporation under the order (or the total amount payable under the orders) to which the application relates exceeds $1,000 or such other amount as is prescribed by the regulations, and

(b)  the amount, or part of the amount, is payable because the person improperly obtained a rental rebate or any other advantage or concession from the Corporation.

(3)  An application under this section must define the land to which it relates.

(4)  The Registrar-General must, on application under this section and lodgment of the court order, register the order in relation to the land in such manner as the Registrar-General thinks fit.

(5)  There is created by force of this section, on the registration of the order, a charge on the land in relation to which the order is registered to secure the payment to the Corporation of the amount payable under the order.

(6)  Such a charge ceases to have effect in relation to the land—

(a)  if the Corporation certifies in writing that the amount payable under the order has been paid to the Corporation or that the Corporation has otherwise agreed to the cancellation of the charge—on registration of the cancellation of the charge by the Registrar-General, or

(b)  on the sale or other disposition of the property with the consent of the Corporation, or

(c)  on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,

whichever first occurs.

(7)  Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the order was registered and, in the case of land under the provisions of the Real Property Act 1900, is subject to every prior mortgage, lease or other interest recorded in the Register kept under that Act.

(8)  Such a charge is not affected by any change of ownership of the land, except as provided by subsection (6).

(9)  If—

(a)  such a charge is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and

(b)  the charge is so registered,

a person who purchases or otherwise acquires the land after the registration of the charge is, for the purposes of subsection (6), taken to have notice of the charge.

(10)  If such a charge relates to land under the provisions of the Real Property Act 1900, the charge has no effect until it is registered under that Act.

(11)  In this section, a reference to an order of a court includes a reference to a judgment of a court.

s 72B: Ins 2008 No 7, Sch 1 [3].

(1)  Any charge, fee or other money due to the Corporation may be recovered by the Corporation as a debt in a court of competent jurisdiction.

(2)  The Corporation may recover an amount awarded to it by a court in proceedings against a person for the recovery of money by reducing or cancelling, in accordance with Part 7, any rental rebate to which the person may otherwise be entitled.

(3)  The Secretary may, by written notice, require a person to repay an amount paid to the person (or on the person’s behalf) by the Secretary by way of a rental subsidy if the Secretary is satisfied that the person is not entitled to the amount because the person obtained the amount by fraud.

(4)  Any such amount is recoverable by the Secretary as a debt due to the Crown.

s 73: Am 2008 No 7, Sch 1 [4]; 2018 No 45, Sch 2 [22].

(1)  Proceedings for an offence against this Act or the regulations may be disposed of summarily before the Local Court.

(2)  A prosecution or proceeding in respect of an offence under this Act may only be instituted by or on behalf of the Corporation, except as provided for by subsection (2A).

(2A)  A prosecution or proceeding in respect of an offence against section 69, 69A or 69C that relates to a benefit from the Secretary or fraud against the Secretary may be instituted by or on behalf of the Secretary.

(3)  Proceedings for an offence against section 69 or 69A must be commenced not later than 12 months after evidence of the alleged offence first came to the attention of a member of the staff of the Corporation or the Department.

(4)  If proceedings for an offence against section 69 or 69A are commenced later than 12 months after the offence was alleged to have been committed, the court attendance notice or application must contain particulars of the date on which evidence of the offence first came to the attention of a member of the staff of the Corporation or the Department.

(5)  In proceedings for an offence against section 69 or 69A, the court attendance notice or application is proof, in the absence of proof to the contrary, of the date on which evidence of the offence first came to the attention of a member of the staff of the Corporation or the Department.

s 74: Am 2007 No 94, Sch 2; 2008 No 7, Sch 1 [5]; 2015 No 34, Sch 2 [2]; 2018 No 45, Sch 2 [23]–[25].

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)  In particular, the regulations may make provision for or with respect to any one or more of the following—

(a)    (Repealed)

(b)  fees in connection with any application under this Act.

(c), (d)    (Repealed)

(3)  A regulation may create an offence punishable by a penalty not exceeding 25 penalty units.

s 75: Am 2007 No 48, Sch 1 [8]; 2012 No 59, Sch 2.1 [4].

(1)  The Housing Act 1912 is repealed.

(2)  The Housing Act 1976 is repealed.

(3)  The Housing Act 1985 is repealed.

(4)  The Home Purchase Assistance Authority Act 1993 is repealed.

Schedule 3 has effect.

(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.