Community Housing Providers National Law (NSW)

Community Housing Providers National Law (NSW) No 59a of 2012

Editorial note— The Co-operatives National Law is applied as a law of NSW by the NSW Community Housing Providers (Adoption of National Law) Act 2012. This version is the Law as it applies in NSW.

Part 1 Preliminary

1 Short title This Law may be cited as the Community Housing Providers National Law (NSW).

2 Commencement This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.

3 Object (1) The object of this Law is to provide for a national system of registration, monitoring and regulation of community housing providers: (a) to encourage the development, viability and quality of community housing, and (b) to promote confidence in the good governance of registered community housing providers so as to facilitate greater investment in that sector, and (c) to make it easier for community housing providers to operate in more than one participating jurisdiction. (2) A purpose of registration is to identify appropriate entities to which government funding for community housing might be provided under other legislation or policies of a jurisdiction.

4 Definitions (1) In this Law: binding instructions means instructions given under section 19. category of registration means a category of registration under this Law for which provision is made in the guidelines under section 10 (2). community housing means housing for people on a very low, low or moderate income or for people with additional needs that is delivered by non-government organisations. community housing asset of a community housing provider means: (a) land vested in the provider by or under the community housing legislation of a participating jurisdiction, or (b) land acquired by the provider wholly or partly with funding provided by a Housing Agency of a participating jurisdiction, or (c) land vested in the provider on which a Housing Agency of a participating jurisdiction has constructed housing or made other improvements, or (d) funds provided to the provider by a Housing Agency of a participating jurisdiction for the purposes of community housing, or (e) any other asset of the provider that is of a class of assets declared by the community housing legislation of a participating jurisdiction as community housing assets for the purposes of this Law. community housing legislation of a participating jurisdiction means: (a) this Law as it applies as a law of that jurisdiction by an Act of that jurisdiction (including provisions of that Act that relate to the application of this Law in that jurisdiction), or (b) so much of an Act of that jurisdiction that contains provisions that substantially correspond to the provisions of this Law, and includes any other legislation of that jurisdiction that the law of that jurisdiction declares to be community housing legislation. entity means the following: (a) a company limited by shares or guarantee under the Corporations Act 2001 of the Commonwealth, (b) an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth, (c) a body corporate, cooperative or incorporated association created under legislation of the Commonwealth or a State or Territory. function includes a power, authority or duty, and exercise a function includes perform a duty. Housing Agency of a participating jurisdiction, means a body or officer declared to be a Housing Agency of that jurisdiction by the community housing legislation for that jurisdiction for the purposes of the provision of this Law in which the expression occurs. National Register means the National Register of Community Housing Providers established by this Law. notice of intent to cancel registration—see section 20. notice of non-compliance—see section 18. participating jurisdiction means an Australian jurisdiction in which: (a) this Law applies as a law of the jurisdiction, or (b) a law that substantially corresponds to the provisions of this Law has been enacted. primary jurisdiction—see section 5. primary Registrar for an unregistered entity or registered community housing provider means the Registrar for the primary jurisdiction of the unregistered entity or registered community housing provider. registered community housing provider means an entity registered under this Law as a community housing provider. Registrar means a Registrar for a participating jurisdiction as referred to in section 9. registration means registration under this Law. relevant Minister means the Minister declared by the community housing legislation of this jurisdiction as the relevant Minister for the purposes of the provision of this Law in which the expression occurs. State means the Crown in right of a participating jurisdiction, and includes: (a) the Government of a participating jurisdiction, and (b) a Minister of the Crown in right of a participating jurisdiction, and (c) a statutory corporation, or other person, representing the Crown in right of a participating jurisdiction. statutory manager means a statutory manager appointed under section 21. (2) In this Law, a reference to registration or any other matter under this Law includes registration or any other act or matter under a law of a participating jurisdiction that substantially corresponds to the provisions of this Law. (3) This Law is to be interpreted in accordance with the Interpretation Act 1987 of New South Wales.