Housing Act 2001 (NSW)

Housing Act 2001 No 52

An Act to consolidate certain legislation relating to housing; to repeal the Housing Act 1912, the Housing Act 1976, the Housing Act 1985 and the Home Purchase Assistance Authority Act 1993; to amend various Acts consequentially; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Housing Act 2001.

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

3 Definitions 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 in which this Act is administered. 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 or Minister, 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.