Tasmania: Homes Tasmania Act 2022 (Tas)

Homes Tasmania Act 2022 An Act to establish Homes Tasmania, to promote the development of affordable housing, to enable the provision of housing assistance to, and improve the housing conditions of, eligible persons, to support the provision of affordable housing, housing support services and community support services to persons who require such housing or services, to assist in the formation of policy in relation to housing, and for related purposes [Royal Assent 17 October 2022] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Homes Tasmania Act 2022 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Purposes of Act The purposes of this Act are as follows: (a) to assist in reducing the incidence of housing stress and homelessness in Tasmania; (b) recognising that housing is a fundamental human right, increase the opportunities for eligible persons, and persons on low or moderate incomes, to live in safe, secure appropriate and affordable housing; (c) to – (i) enable the provision of housing assistance and housing support services; and (ii) facilitate the provision of community support services; (d) to encourage the development and implementation of short-term, medium-term and long term strategies to increase the opportunities for eligible persons, and persons on low or moderate incomes, to live in safe, secure, appropriate and affordable housing; (e) to facilitate the ownership, leasehold, or occupation, of residential premises by eligible persons and persons on low or moderate incomes; (f) to encourage the development of flexible and innovative financial arrangements that facilitate the ownership, leasehold, or occupation, of residential premises by eligible persons and persons on low or moderate incomes; (g) to enable the strategic acquisition of land, and land and premises, primarily for the development of housing for, or the provision of housing to, eligible persons and persons on low or moderate incomes and to promote the planning of the development of such housing having regard to the desirability of ensuring integrated, liveable communities; (h) to promote an efficient and effective system of administration of housing services, housing support services and community support services; (i) to ensure the existence of viable, diverse and accessible – (i) services for the provision of housing assistance; and (ii) housing support services; and (iii) services related to homelessness; (j) to ensure appropriate transparency, scrutiny and direction of the performance and exercise of the functions and powers of Homes Tasmania. 4. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. PART 2 - Interpretation 5. Interpretation In this Act, unless the contrary intention appears – accounting standards means the accounting standards, and other requirements, issued by the Australian Accounting Standards Board continued in existence under the Australian Securities and Investments Commission Act 2001 of the Commonwealth; advance means an advance under Part 12 ; ancillary features, in relation to movable residential premises, has the meaning it has in section 8 ; annual report in relation to a financial year, means the annual report of Homes Tasmania prepared under section 26 in respect of the financial year; applicant means – (a) a person who has made an application for an advance; and (b) a person who has made an application under section 56(2) for an advance or for the sale and transfer of residential premises; Board means the Homes Tasmania Board established under section 14 ; borrower means a person who has obtained an advance; building works includes – (a) the construction, structural alteration, repair, demolition or maintenance (including the re-pointing, re-decoration and external cleaning) of a building or structure; and (b) the preparation for, and laying of, the foundations of a proposed building or structure; capital cost, in relation to residential premises, includes – (a) a sum that Homes Tasmania determines to cover the cost, if any, of survey and subdivision, and the development, of the land on which the residential premises is erected (including the construction of streets); and (b) any other costs incidental to the acquisition, subdivision and development of the land and the erection of the residential premises; and (c) interest on all expenditure in connection with the land and residential premises up to the time of the completion of the residential premises; community support services means services or facilities provided for the benefit of members of the community and includes, but is not limited to including, the following services and facilities: (a) counselling services; (b) health services and mental health services; (c) premises in which socially isolated persons may socialise with other persons; (d) any prescribed services or facilities that are for the benefit of the community; community support provider means a person, or body, who or that – (a) is established solely or substantially for the purposes of providing community support services; and (b) provides community support services otherwise than for the purposes of profit; contract of sale means a contract for the sale by Homes Tasmania of land or of residential premises and land; corporate plan means the corporate plan approved under section 25(4)(a) and in force; eligible person means a person – (a) who is determined under section 6 to be an eligible person or who is within a class of persons determined under that section; or (b) who is a member of a class of persons that is prescribed for the purposes of this definition; fixed rate, in relation to a purchase or advance, means the rate fixed under section 85 in relation to a purchase or advance, respectively, that is in force at the time when the purchase or advance is made; fixed table means a table that is fixed under section 85 ; hiring agreement means an agreement entered into under section 97 ; holding means land of which an applicant or borrower is the beneficial owner in fee simple in possession; home purchase assistance scheme recipient means a person who is within a class of persons that is approved by the Treasurer under section 76(2) ; Homes Tasmania means Homes Tasmania established by section 9(1) ; Homes Tasmania Board means the board of directors appointed under section 14(1) ; Homes Tasmania CEO means the person appointed as chief executive officer of Homes Tasmania under section 19 ; Homes Tasmania Board chair means the Homes Tasmania director appointed to be the chair of the Homes Tasmania Board under section 14(3) ; Homes Tasmania director includes – (a) a person appointed as a director of the Homes Tasmania Board under section 14(1) ; and (b) a person appointed under section 16 to act as a Homes Tasmania director; Homes Tasmania employee means a person who is appointed or employed, or who is made available to Homes Tasmania, under section 22 ; housing assistance means – (a) the provision to an eligible person of accommodation in residential premises in the short, medium or long term; or (b) the sale of residential premises to an eligible person; or (c) the lease, or sublease, of residential premises to an eligible person; or (d) the provision of financial assistance to, or on behalf of, an eligible person to enable the person to pay all or part of a bond or rent, or both, in relation to residential premises; or (e) the provision of financial assistance to an eligible person to enable the person to purchase, construct, alter, enlarge, repair or improve residential premises; or (f) the provision of financial assistance to an eligible person to assist the person to meet reasonable costs related to – (i) moving to or from residential accommodation; or (ii) homelessness; or (iii) obtaining essential goods and services; or (iv) other prescribed matters; housing provider has the meaning it has in section 7 ; housing support provider means a person or body that provides housing support services to eligible persons, whether or not that person or body also provides housing support services to persons who are not eligible persons; housing support services means – (a) services, approved by Homes Tasmania – (i) that may enable or assist persons, including eligible persons, to obtain or remain in residential premises; or (ii) that coordinate the provision to persons, including eligible persons, of services that may enable or assist persons to obtain or remain in residential premises; and (b) any class of services that is prescribed for the purposes of this definition; land includes – (a) any residential premises, or other structure, situated on land; and (b) vacant land; and (c) in relation to any remedy given to Homes Tasmania under this Act against or with respect to land – all improvements to the land; material personal interest, in relation to a person, includes, but is not limited to including – (a) a direct or indirect interest of the person; and (b) a pecuniary or non-pecuniary interest of the person; and (c) an interest of a relative of the person; and (d) an interest, of the person, in a business or in a corporation, within the meaning of the Corporations Act 2001 of the Commonwealth; and (e) the employment of the person by another person with a direct or indirect interest in Homes Tasmania; and (f) the holding by the person of an office where there arises or may arise a conflict between the person's duties in that office and the person's duties under this Act; and (g) the holding by the person of the office of member in another statutory authority or in the governing authority of another statutory authority; and (h) any other interest of the person that does, or may, give rise to a conflict of interest; Ministerial direction means a direction of the Minister that is in force under section 24(1) ; movable residential premises – see section 8 ; plant includes any machine, tool, appliance, equipment, and building materials, used, or designed for use, in or in connection with the carrying out of building works; purchaser means a person who has purchased from Homes Tasmania land or land and residential premises; Register has the same meaning as it has in the Land Titles Act 1980 ; regulations means the regulations made under this Act; relative, in relation to a person, means – (a) a spouse, de facto spouse, or partner of the person; and (b) a parent, grandparent, child, brother, sister or cousin of the person; and (c) a person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with the person; repealed Act means the Homes Act 1935 , as in force immediately before the day on which it is repealed by the Homes Tasmania (Consequential Amendments) Act 2022; residential premises includes – (a) a house and its appurtenances, necessary outbuildings, fences, and any facilities that enable electricity, telecommunications, gas, water-supply, drainage, or sewerage, services to be provided to the house; and (b) any unit, or apartment, that is used for the provision of residential accommodation, whether on a temporary basis or otherwise and any facilities that enable electricity, telecommunications, gas, water-supply, drainage, or sewerage, services to be provided to the unit or apartment; and (c) any land on which such a house, unit or apartment is situated and any common property, within the meaning of the Strata Titles Act 1998 , in relation to such a unit or apartment; spouse, in relation to a person, includes a person with whom the person is in a significant relationship, within the meaning of the Relationships Act 2003 ; statement of expectations means a statement of expectations provided to the Homes Tasmania Board by the Minister under section 23(1) and in force; statutory authority means an incorporated or unincorporated body that – (a) is established, appointed or constituted by or under an Act or under the royal prerogative; and (b) is a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority, including a Government Business Enterprise under the Government Business Enterprises Act 1995 . 6. Meaning of eligible person (1) Homes Tasmania may determine – (a) that a person is an eligible person; or (b) a class of persons, the members of which are to be eligible persons by virtue of the determination. (2) Homes Tasmania may only make a determination under subsection (1) in relation to a person, or a class of persons, if Homes Tasmania is satisfied that the person, or a member of the class of persons, is, or will be, in need of housing assistance under this Act because of particular circumstances or characteristics of – (a) the person or member of the class of persons (in this section referred to as the assisted person); or (b) another person, or a member of another class of persons, (in this section referred to as the associated person) with whom the person or member of a class of persons resides or is to reside. (3) For the purposes of subsection (2) , Homes Tasmania must, in determining whether an assisted person is, or will be, in need of housing assistance, take into account the following: (a) whether the assisted person, or any associated person, is reasonably likely to be able to obtain accommodation that will meet the reasonable accommodation requirements of the assisted person or the associated person only if the housing assistance is provided to the assisted person; (b) the health needs, or mobility needs, of the assisted person or any associated person; (c) the safety of the assisted person or any associated person. (4) Nothing in subsection (3) is to be taken to limit the circumstances or characteristics, of a person or member of a class, that Homes Tasmania may take into account in deciding whether to make a determination under subsection (2) in relation to a person or a class of persons. (5) Homes Tasmania may, by notice to a person, require a person to provide to Homes Tasmania, within a period specified in the notice – (a) evidence as to whether the person is an eligible person; or (b) evidence, of a kind specified in the notice, as to whether the person is an eligible person. (6) If a person, after having been given a notice under subsection (5) , fails, within the period specified in the notice, to provide to Homes Tasmania the evidence that the person is required by the notice to provide, Homes Tasmania may, in its discretion, assume that the person is not an eligible person, unless there is evidence before Homes Tasmania that there were reasonable grounds for the failure. 7. Meaning of housing provider (1) For the purposes of this Act, a housing provider is a person or body – (a) that – (i) constructs, alters, enlarges, repairs or improves residential premises so that the residential premises may be sold or leased to, or used to provide residential accommodation to, eligible persons; or (ii) manages residential premises that are leased or subleased to, or used to provide residential accommodation to, eligible persons; and (b) that is a body corporate, a trust, or an entity of the Crown, the objects or purposes of which include – (i) the sale or lease of residential premises to, or the provision of residential accommodation to, eligible persons; or (ii) the management of residential premises that are leased or subleased to, or used to provide residential accommodation to, eligible persons. (2) For the purposes of determining whether a person or body is a housing provider for the purposes of subsection (1) , it is irrelevant whether or not – (a) the person or body also constructs, alters, enlarges, repairs or improves residential premises so that the residential premises may be sold or leased to, or used to provide residential accommodation to, persons who are not eligible persons; or (b) the person or body also manages residential premises that are leased or subleased to, or used to provide residential accommodation to, persons who are not eligible persons. (3) For the purposes of determining whether a body corporate, a trust, or an entity of the Crown, is a housing provider for the purposes of subsection (1) , it is irrelevant whether or not that body corporate, trust or entity also sells, leases, or subleases residential premises, or who provides residential accommodation to, persons who are not eligible persons. 8. Meaning of movable residential premises and ancillary features (1) For the purposes of this Act, movable residential premises are a structure – (a) that is designed for use as residential accommodation; and (b) is capable of being transferred from place to place reasonably easily. (2) In this Act, a reference to the ancillary features of movable residential premises is a reference to – (a) any component or other part of the movable residential premises; and (b) any fittings, equipment, or furniture, provided for use in connection with the movable residential premises; and (c) any foundations, footings, steps, or other works, required for the erection or use of the movable residential premises. PART 3 - Homes Tasmania Division 1 - Establishment of Homes Tasmania 9. Homes Tasmania established (1) Homes Tasmania is established. (2) Homes Tasmania – (a) is a body corporate with perpetual succession; and (b) may have a seal; and (c) may sue and be sued in its corporate name; and (d) is an instrumentality of the Crown. 10. Application of purposes of Act and housing principles (1) In performing a function, or exercising a power, under this Act, Homes Tasmania must take into account the purposes of this Act specified in section 3 . (2) In performing a function, or exercising a power, under this Act, Homes Tasmania must alsohave regard to the following principles: (a) that strategic planning and development of land for use primarily for residential purposes, and effective allocation of financial and other resources for those purposes, are necessary to ensure that the purposes of this Act can be achieved; (b) that housing is a fundamental human right and that it is desirable to ensure that housing assistance is, and that housing support services are able to be, provided – (i) to persons in need of such assistance and services, with priority being given to those persons most in need of such assistance and services; and (ii) for the period that such assistance and services are required to be provided to those persons; (c) that it is desirable to provide different housing options to address the differing needs and wishes of persons; (d) that it is desirable to encourage, enable and assist in the integration, into existing and new housing communities, of – (i) persons with diverse characteristics and diverse financial, social and personal circumstances; and (ii) residential premises that are owned or leased by such persons who reside in them or that are provided to such persons by way of housing assistance; (e) that it is desirable to promote and secure the development and sustainability of Tasmania's housing sector; (f) that it is important to recognise, respect, and promote the fulfilment of, the wishes and needs of persons to whom housing assistance is to be provided and those persons with whom they reside or are to reside. 11. Functions and powers of Homes Tasmania (1) In addition to any other functions conferred on Homes Tasmania under this or any other Act, Homes Tasmania has the following functions: (a) to support, and fund, the provision of appropriate, affordable and safe accommodation to eligible persons, and persons on low or moderate incomes, in the short, medium or long term; (b) to develop plans for the strategic acquisition and development of land for the purposes of providing housing to eligible persons and persons on low or moderate incomes and to ensure that such plans assist in integrating the occupants of such housing into the community in which the housing is situated, and fostering wellbeing; (c) to manage, or facilitate the management of, residential accommodation provided to eligible persons; (d) to manage schemes to assist persons in need of housing assistance or housing support services or who are home purchase assistance scheme recipients; (e) to identify and report on the needs of eligible persons in the short, medium or long term, and to assist in enabling those needs to be met; (f) to provide assistance and support to housing providers, housing support providers and community support providers; (g) to consult, as appropriate, with – (i) housing providers, housing support providers, community support providers and persons who provide services related to homelessness; and (ii) persons for whom housing, housing support, community support or services related to homelessness are provided or are intended to be provided; (h) to conduct research, and develop policy, related to the provision of housing, housing support services, housing assistance and services related to homelessness; (i) to collect information in relation to, and to monitor, the state of the Tasmanian housing market. (2) In addition to any other powers conferred on Homes Tasmania under this or any other Act, Homes Tasmania has the following powers: (a) to acquire, hold, dispose of and otherwise deal with property; (b) to enter into contracts; (c) to appoint agents and attorneys; (d) to act as agent for another person; (e) to enter into a contract with another person for the performance or exercise of any of Homes Tasmania's functions or powers either jointly with that other person or by that other person; (f) to engage consultants and provide consultancy services; (g) to do all other things that it is authorised to do by or under this or any other Act; (h) to do all things necessary or convenient to be done in connection with, or incidental to, the performance and exercise of its functions and powers. 12. Delegation (1) Homes Tasmania may, by instrument in writing, delegate, to a person who is specified in the instrument, the performance or exercise of any functions or powers of Homes Tasmania under this Act or any other Act (other than this power of delegation and the power to borrow money) that are specified in the instrument. (2) Homes Tasmania may, by instrument in writing, revoke wholly or in part a delegation under subsection (1) . 13. Homes Tasmania to comply with Treasurer's Instructions (1) Subject to this section, Treasurer's Instructions issued under the Financial Management Act 2016 apply to Homes Tasmania as if it were an Agency within the meaning of that Act. (2) The Treasurer, by notice in writing to Homes Tasmania, may modify the application to Homes Tasmania of the Treasurer's Instructions referred to in subsection (1) . (3) If the Treasurer, under subsection (2) , issues a notice to Homes Tasmania modifying the application to Homes Tasmania of the Treasurer's Instructions issued under the Financial Management Act 2016 , the Treasurer's Instructions that apply to and in relation to Homes Tasmania are to be taken to be, for the purposes of this Act and the Financial Management Act 2016 , modified in accordance with the notice. Division 2 - Board of Homes Tasmania 14. Homes Tasmania Board (1) The Minister is to appoint a board of directors of Homes Tasmania that consists of no more than 7 and no fewer than 5 members. (2) Before appointing a person as a director of Homes Tasmania, the Minister is to ensure that the directors, in aggregate, have – (a) the relevant knowledge and skills to ensure that the functions and powers of Homes Tasmania are performed and exercised appropriately; and (b) commercial skills and experience; and (c) skills and experience in the provision or management of housing and homelessness services. (3) The Minister may appoint a Homes Tasmania director to be the chair of the Homes Tasmania Board (the Homes Tasmania Board chair). (4) Schedule 1 has effect in respect of – (a) the Homes Tasmania directors; and (b) the meetings of the Homes Tasmania Board. 15. Functions and powers of Homes Tasmania Board (1) The Homes Tasmania Board has the following functions: (a) to ensure that the functions and powers of Homes Tasmania are performed and exercised in an appropriate manner; and (b) to ensure that the business and affairs of Homes Tasmania are managed and conducted – (i) in accordance with sound business practice; and (ii) in accordance with a statement of expectations; and (iii) in a manner that achieves the objectives specified in the corporate plan; and (iv) in a manner that is consistent with each applicable Ministerial direction; and (c) to establish the annual performance objectives of the Homes Tasmania CEO. (2) The Homes Tasmania Board has the power to do all things necessary or convenient to perform its functions under this Act. (3) The Homes Tasmania Board may delegate, by written notice, any or all of its functions or powers under this Act, other than this power of delegation, as specified in the notice. (4) The Homes Tasmania Board may establish committees, comprised of the persons whom the Board thinks fit (who may be, but are not required to be, Homes Tasmania directors), for the purposes of providing advice to the Board in relation to matters to which this Act relates. 16. Appointment of acting director (1) The Minister may appoint a person to act as a Homes Tasmania director if a Homes Tasmania director is absent (the absent Homes Tasmania director). (2) For the purposes of subsection (1) , a Homes Tasmania director is absent if the director – (a) is absent from the director's duty as a Homes Tasmania director; or (b) is otherwise unable to perform the functions of the office of Homes Tasmania director. (3) A person appointed to act as a Homes Tasmania director under this section – (a) is taken, for the purposes of this Act, to be a Homes Tasmania director; and (b) if the relevant absent Homes Tasmania director is the Homes Tasmania Board chair, is not taken to be the Homes Tasmania Board chair solely by virtue of the person's appointment under this section. (4) The appointment of a person under this section to act as a Homes Tasmania director terminates when whichever of the following first occurs: (a) the absent Homes Tasmania director, for whom the person has been appointed to act, resumes performing the functions of a Homes Tasmania director; (b) the absent Homes Tasmania director resigns; (c) the Minister revokes the appointment to the Homes Tasmania Board of the absent Homes Tasmania director; (d) the Minister revokes the appointment of the person to act as a Homes Tasmania director. 17. Director must disclose interest (1) If a Homes Tasmania director has a material personal interest in a matter being considered, or about to be considered, by the Homes Tasmania Board, the Homes Tasmania director must, as soon as practicable after the relevant facts come to the Homes Tasmania director's knowledge, disclose the nature of the interest to the Homes Tasmania Board. Penalty: Fine not exceeding 100 penalty units. (2) Subsection (1) does not apply – (a) in respect of a contract for goods or services supplied by Homes Tasmania if those goods or services are ordinarily supplied by Homes Tasmania and are supplied on the same terms as they are ordinarily supplied to other persons in the same situation; or (b) in respect of an interest that arises only because the Homes Tasmania director is also a State Service officer or State Service employee. 18. Homes Tasmania Board to notify Minister in certain circumstances The Homes Tasmania Board is to notify the Minister, as soon as practicable, of any matter or circumstance that, in the opinion of the Homes Tasmania Board, may – (a) significantly affect the ability of Homes Tasmania to comply with – (i) any Ministerial directions that are in force; or (ii) a statement of expectations; or (b) prevent or significantly affect the ability of Homes Tasmania to act in accordance with the corporate plan; or (c) significantly affect the financial viability or operating ability of Homes Tasmania; or (d) significantly affect any other objective, policy or program specified in the corporate plan. Division 3 - Homes Tasmania staff 19. Chief executive officer (1) Subject to and in accordance with the State Service Act 2000 , a person, other than the Homes Tasmania Board chair, is to be appointed as the chief executive officer of Homes Tasmania (the Homes Tasmania CEO). (2) The Homes Tasmania CEO appointed under subsection (1) is entitled to be paid the remuneration and allowances specified in the instrument of appointment. (3) The Homes Tasmania CEO appointed under subsection (1) holds that office, subject to this Act and the State Service Act 2000 – (a) for a term of not more than 5 years specified in the instrument of appointment; and (b) on the conditions specified in the instrument of appointment. (4) The Homes Tasmania CEO must not engage in paid employment outside the duties of the office unless allowed to do so by the Homes Tasmania CEO's instrument of appointment. (5) The appointment of a person as the Homes Tasmania CEO is not invalid merely because of a defect or irregularity in relation to the Homes Tasmania CEO's appointment. 20. Powers and functions of Homes Tasmania CEO (1) The Homes Tasmania CEO is responsible to the Homes Tasmania Board for the general administration and management of Homes Tasmania. (2) The Homes Tasmania CEO – (a) must perform any functions, and may exercise any powers, granted to the Homes Tasmania CEO under this Act or any other Act; and (b) must perform any functions, and may exercise any powers, delegated to the Homes Tasmania CEO by Homes Tasmania or the Homes Tasmania Board. (3) The Homes Tasmania CEO may delegate, by written notice, any or all of the Homes Tasmania CEO's functions or powers (other than this power of delegation) under this Act, including any function or power delegated to the Homes Tasmania CEO by Homes Tasmania or the Homes Tasmania Board, as specified in the notice. 21. Acting Homes Tasmania CEO (1) In this section – absent, in relation to the Homes Tasmania CEO, means the Homes Tasmania CEO – (a) is absent from duty; or (b) is absent from Australia; or (c) is otherwise unable to perform and exercise the functions and powers of the office of Homes Tasmania CEO; or (d) has died, resigned or been removed from office and a new Homes Tasmania CEO has not been appointed. (2) A person, other than the Homes Tasmania Board chair, may be appointed to act as the Homes Tasmania CEO during any or every period during which the Homes Tasmania CEO is absent. (3) Except as otherwise provided under this section, this Act applies to the appointment of a person under subsection (2) as if the appointment were the appointment of the Homes Tasmania CEO. 22. Staff of Homes Tasmania (1) The employees of Homes Tasmania are to be appointed or employed subject to and in accordance with the State Service Act 2000 . (2) The Homes Tasmania CEO may make arrangements with another Head of a State Service Agency for State Service officers and State Service employees employed in that Agency to be made available to Homes Tasmania to enable Homes Tasmania to perform and exercise its functions and powers under this Act. PART 4 - Guidance and Reporting 23. Statement of expectations (1) The Minister must provide the Homes Tasmania Board with a statement of expectations for Homes Tasmania that specifies the expectations of the Minister in relation to strategic objectives, and policy, of Homes Tasmania. (2) Before providing a statement of expectations under subsection (1) , the Minister is to consult with the Homes Tasmania Board in respect of the statement of expectations. (3) A statement of expectations provided under subsection (1) – (a) is to be in writing and signed by the Minister; and (b) is to be prepared in consultation with the housing and homelessness sector; and (c) takes effect on the day on which it is provided to the Homes Tasmania Board under subsection (1) or a later day that is specified in the statement. (4) The Minister may, at any time, on the Minister's own initiative or on the application of the Homes Tasmania Board – (a) amend a statement of expectations provided under subsection (1) ; or (b) revoke a statement of expectations, provided under subsection (1) and provide a new statement of expectations under that subsection. (5) The Minister must table, before both Houses of Parliament – (a) a copy of a statement of expectations, provided under subsection (1) ; or (b) an amendment or revocation, provided under subsection (4) , of a statement of expectations – within 10 sitting-days after the statement of expectations was signed by the Minister. 24. Ministerial directions (1) The Minister may give the Homes Tasmania Board directions at any time regarding the performance and exercise of the functions and powers of Homes Tasmania, if the Minister is satisfied that it is in the public interest to do so. (2) Before giving a direction under subsection (1) , the Minister is to consult with the Homes Tasmania Board. (3) In giving a direction under subsection (1) , the Minister – (a) is to have regard to the objectives, functions and powers of Homes Tasmania; and (b) may not give a direction that conflicts with, or contradicts, a statement of expectations. (4) A direction under subsection (1) is not to purport to exert control or influence over the exercise by Homes Tasmania, or the Homes Tasmania Board, of its powers under this Act or any other Act. (5) A direction under subsection (1) must – (a) specify the date on which the direction is to take effect; and (b) be in writing and signed by the Minister. (6) Within 21 days after being given a direction under subsection (1) , the Homes Tasmania Board may object to the direction. (7) An objection under subsection (6) is to – (a) be in writing; and (b) specify the grounds on which the Homes Tasmania Board objects to the direction; and (c) be provided to the Minister. (8) If the Minister receives an objection under subsection (6) to a direction and the direction is not, or has not been, amended or revoked, the Minister is to cause a copy of the direction and the objection to be laid before each House of Parliament within 5 sitting-days after the receipt of the objection. 25. Corporate plan (1) In each year, the Homes Tasmania Board is to prepare a draft corporate plan in respect of a period of at least 3 years commencing on 1 July in that year. (2) The draft corporate plan is to include the following: (a) a statement of Homes Tasmania's objectives, policies and programs and how they comply with the statement of expectations; (b) a statement of Homes Tasmania's financial plans for the period to which the plan is to relate; (c) the major strategies to be used to achieve the objectives of Homes Tasmania and give effect to the policies, programs and financial plans; (d) the targets to be met by Homes Tasmania in achieving its objectives, policies, programs and financial plans and the criteria for assessing the achievement of those targets. (3) The Homes Tasmania Board is to provide the Minister with a copy of a draft corporate plan, prepared under subsection (1) , at least 2 months before the plan is to commence. (4) The Minister, in consultation with the Treasurer, may – (a) approve the draft corporate plan provided under subsection (3) or in accordance with a requirement under paragraph (b) ; or (b) require the Homes Tasmania Board to amend the draft corporate plan one or more times before the Minister approves it under paragraph (a) . (5) On being approved by the Minister under subsection (4)(a) , the draft corporate plan becomes the corporate plan of Homes Tasmania for the period specified in the plan. (6) The Homes Tasmania Board may draft an amendment of the corporate plan at any time. (7) A draft of an amendment of the corporate plan under subsection (6) takes effect when the Minister, in consultation with the Treasurer, approves it. (8) Unless otherwise authorised by the Minister, in consultation with the Treasurer, Homes Tasmania must act in accordance with the corporate plan. 26. Annual reports (1) As soon as practicable after the end of a financial year, the Homes Tasmania Board is to prepare an annual report, in respect of Homes Tasmania, for the financial year. (2) An annual report, prepared in respect of Homes Tasmania under subsection (1) , is to include the following information and documents in respect of the financial year to which the annual report relates: (a) the Homes Tasmania financial statements prepared under section 32 ; (b) a copy of the report of the Auditor-General received under section 19 of the Audit Act 2008 in respect of those Homes Tasmania financial statements; (c) the details of – (i) each Ministerial direction in force during the financial year; and (ii) each action taken, or why no action has been taken, by the Homes Tasmania Board in respect of a Ministerial direction; and (iii) each project, for the development of land or buildings, or both, in relation to which Homes Tasmania has, during the financial year, entered into a contract, or other arrangement, under which Homes Tasmania is to expend an amount that is more than the prescribed amount or $8 000 000, whichever is the higher amount; (d) the details of – (i) each statement of expectations that has been in force during the financial year; and (ii) any action taken by the Homes Tasmania Board in respect of those statements of expectations; (e) a summary of the corporate plan in force in respect of the financial year; (f) a report on the performance of Homes Tasmania with reference to the following, as set out in the corporate plan: (i) the targets to be met by Homes Tasmania in achieving its objectives, policies, programs and financial plans; (ii) the criteria for assessing the achievement of those targets; (g) a report on the operations of Homes Tasmania during the financial year; (h) any information that the Minister has requested that relates to the Homes Tasmania directors, the Homes Tasmania CEO or the Homes Tasmania employees; (i) any other information that the Minister has requested; (j) any other information that the Homes Tasmania Board considers relevant, appropriate or necessary to properly inform the Minister and Parliament in relation to the performance and progress of Homes Tasmania in the financial year. (3) As soon as practicable after preparing an annual report under this section, the Homes Tasmania Board is to provide the annual report to the Minister. 27. Tabling of annual report (1) The Minister is to lay a copy of the annual report of Homes Tasmania, that is provided to the Minister under section 26(3) , before each House of Parliament within 4 months after the end of the financial year to which the annual report relates. (2) If the Minister is unable to comply with subsection (1) for a reason other than that a House of Parliament is not sitting at the expiry of the period specified in that subsection, the Minister, before the expiry of that period, is to lay before each House of Parliament a statement specifying – (a) the reasons for the failure to comply with that subsection; and (b) an estimate of the day by which a copy of the annual report of Homes Tasmania may be ready to be laid before each House of Parliament. (3) If the Minister is unable to lay a copy of the annual report of Homes Tasmania before a House of Parliament – (a) within the period specified in subsection (1) ; or (b) by the day specified in a statement referred to in subsection (2) in respect of the report – because either House of Parliament is not sitting at the expiration of that period or on that day, the Minister is to – (c) provide a copy of the annual report to the Clerk of that House of Parliament as soon as possible after the expiration of that period or that day; and (d) lay a copy of the annual report before that House within the next 7 sitting-days of that House. PART 5 - Financial Matters Division 1 - Funding 28. Funds of Homes Tasmania (1) The funds of Homes Tasmania consist of any money – (a) transferred to it under this or any other Act; and (b) received by it by way of fees, levies and charges; and (c) otherwise received by it in the course of performing its functions and exercising its powers; and (d) received by it, or the Homes Tasmania Board, from any other source. (2) The funds of Homes Tasmania are to be applied – (a) in the payment of the remuneration of the Homes Tasmania directors, the Homes Tasmania CEO and Homes Tasmania employees; and (b) in the payment or discharge of the expenses, charges and obligations incurred or undertaken by Homes Tasmania in the performance and exercise of its functions and powers. 29. Borrowing from Treasurer (1) The Treasurer may lend to Homes Tasmania, out of money provided by Parliament for the purpose, the money that the Treasurer considers appropriate for the performance of the functions and exercise of the powers of Homes Tasmania under this Act. (2) A loan to Homes Tasmania under subsection (1) is subject to any conditions determined by the Treasurer. (3) An amount lent under subsection (1) and any interest payable in respect of the loan is a debt repayable by Homes Tasmania to the Public Account. 30. Borrowing from person other than Treasurer (1) Homes Tasmania may – (a) borrow money from the Tasmanian Public Finance Corporation; and (b) with the approval of the Treasurer, borrow money from a person other than the Treasurer or the Tasmanian Public Finance Corporation – for the purposes of performing the functions and exercising the powers of Homes Tasmania under this Act. (2) The total of all amounts of money borrowed under this section during a financial year is not to exceed the maximum amount determined by the Treasurer, in writing, in respect of that financial year. (3) Homes Tasmania may use all or part of its assets as security for – (a) money borrowed under subsection (1) ; and (b) any interest or charges payable in respect of that borrowing. (4) . . . . . . . . (5) . . . . . . . . (6) . . . . . . . . 31. Financial arrangements (1) In this section – financial arrangement means – (a) an interest rate swap; and (b) a forward interest rate agreement; and (c) a futures contract or futures option, within the meaning of the Corporations Act, relating to an interest rate or a foreign currency; and (d) an option in respect of an existing financial security or a security which Homes Tasmania has authority to create; and (e) any other transaction or arrangement that has been approved by the Treasurer in writing for the purposes of this section. (2) Homes Tasmania may enter into and perform a financial arrangement in accordance with any guidelines in force under subsection (3) . (3) The Treasurer may issue guidelines relating to financial arrangements or the exercise of the power of Homes Tasmania to enter into and perform financial arrangements. Division 2 - Reporting and information 32. Homes Tasmania financial statements (1) Within 45 days after the end of each financial year, the Homes Tasmania Board is to – (a) prepare the financial statements for the financial year in accordance with – (i) the Audit Act 2008 ; and (ii) each relevant direction of the Treasurer under subsection (2) ; and (iii) the accounting standards; and (b) as soon as practicable after preparing the financial statements under paragraph (a) for a financial year, provide a copy of the statements to the Auditor-General. (2) The Treasurer may give written directions to the Homes Tasmania Board in respect of the form and content of the financial statements. 33. Accounts to be kept by Homes Tasmania In addition to any other accounts that Homes Tasmania is required by this Act to keep, Homes Tasmania must keep the accounts, in the form, and containing the particulars, that the Treasurer may direct. 34. Duty of Homes Tasmania to provide information, &c., to Treasurer Homes Tasmania must, as and when requested by the Treasurer – (a) provide to the Treasurer the information that the Treasurer requests; and (b) produce to the Treasurer for examination the books, accounts, vouchers, and records, relating to the receipt and expenditure of moneys by Homes Tasmania under or for the purposes of this Act, that the Treasurer requests. 35. Report of Auditor-General The Auditor-General must provide each of the following to the Treasurer, the Minister and the Homes Tasmania Board: (a) each opinion of the Auditor-General, prepared under section 19 of the Audit Act 2008 , in respect of the financial statements prepared by the Homes Tasmania Board under section 32 ; (b) each formal communication of audit findings of the Auditor-General, under section 19 of the Audit Act 2008 , in respect of the financial statements prepared by the Homes Tasmania Board under section 32 . PART 6 - Acquisition of Land and Erection of Premises 36. Transfer of Crown land (1) The Minister, by notice published in the Gazette, may transfer Crown land, that is specified in the notice, to Homes Tasmania if – (a) the Treasurer and the Minister administering the Crown Lands Act 1976 approve that transfer; and (b) Homes Tasmania has agreed to the transfer of the land. (2) On the day on which a notice under subsection (1) takes effect, the Crown land specified in the notice vests in Homes Tasmania – (a) subject only to those estates in the land specified in the notice; or (b) if the notice does not specify that the land vests subject to an estate, free from all encumbrances. (3) On the recommendation of the Minister, the Treasurer, by notice in the Gazette, may exempt Homes Tasmania from any liability to pay any State charges, taxes or duties specified in the notice in respect of the vesting of land under this section. (4) A notice under subsection (1) or (3) – (a) takes effect on the day on which it is published in the Gazette or a later day, if any, that is specified in the notice; and (b) is not a statutory rule for the purposes of the Rules Publication Act 1953 . 37. Transfer of property and liabilities (1) The Minister, by notice published in the Gazette, may transfer one or more of the following, as specified in the notice, to Homes Tasmania: (a) any property and rights, other than Crown land, of the Crown; (b) a liability and obligation of the Crown. (2) On the day on which a notice under subsection (1) takes effect – (a) each property and right transferred under the notice vests in Homes Tasmania; and (b) each liability and obligation transferred under the notice becomes a liability and obligation of Homes Tasmania. (3) A notice under subsection (1) – (a) takes effect on the day on which it is published in the Gazette or a later day, if any, that is specified in the notice; and (b) is not a statutory rule for the purposes of the Rules Publication Act 1953 . 38. Power of Homes Tasmania to acquire land (1) Homes Tasmania may acquire – (a) any land, including but not limited to land containing buildings or other improvements, that is required for the purposes of this Act; or (b) any interest in land that is an interest required to be acquired for the purposes of this Act. (2) If Homes Tasmania acquires any land under this Act, Homes Tasmania – (a) may purchase or otherwise acquire any chattels on, or used in connection with, the land; and (b) may use or dispose of any chattels so acquired in the manner that Homes Tasmania thinks fit. (3) The Land Acquisition Act 1993 applies in relation to the acquisition of land or of an interest in land, and the land or interest acquired, by Homes Tasmania under subsection (1) . 39. Purchase of easements, &c. Homes Tasmania may, for the purposes of this Act – (a) purchase any easement; and (b) obtain any covenant or licence touching and concerning other land – which is usual and proper for the enjoyment of any land vested in Homes Tasmania. 40. Subdivision, &c., of land (1) Homes Tasmania may cause a plan of subdivision, showing the proposed roads and reserves and the land set apart as sites for residential premises or other premises, to be made of – (a) any Crown land set apart for the purposes of this Act; or (b) any land acquired by agreement for the purposes of this Act. (2) Homes Tasmania may cause any work to be done on land, shown on a plan of subdivision to which subsection (1) applies, for the purpose of rendering the land fit for the use to which the land may be put under this Act. (3) Homes Tasmania, with the consent of the Minister, may dedicate reserves for public recreation, or for other public purposes, on land vested in Homes Tasmania and fence, plant, and improve such reserves. 41. Grant of easements, &c. (1) Homes Tasmania may grant any easement or licence, over any land vested in Homes Tasmania, which will not be inconsistent with the use of the land for the purposes of this Act. (2) Homes Tasmania may covenant touching and concerning any lands vested in Homes Tasmania with the owners of adjoining lands, or with purchasers, for the purpose of securing the better enjoyment, for residential premises, of the lands vested in Homes Tasmania. (3) Homes Tasmania, with the consent of the Minister, may, except as otherwise provided in this Act, do all such acts in relation to any land vested in Homes Tasmania as a prudent owner of a building estate or subdivision would do, which are not inconsistent with the purposes of this Act. 42. Sale of premises before cost of subdivision is determined (1) If premises are erected by Homes Tasmania on a lot in a subdivision, the premises, together with the lot on which they are erected, may be sold, even if the cost of subdivision has not been finally determined. (2) For the purposes of this section, the purchase-price of residential premises, together with the lot on which they are erected, is to be the sum that Homes Tasmania certifies to be the best estimate of the capital cost of the residential premises and lot that can be made at the time of sale and that, in the opinion of Homes Tasmania, should be sufficient to ensure that the sale does not result in a capital loss. (3) For the purposes of this section, the purchase-price of premises, other than residential premises, together with the lot on which they are erected, is to be the sum that Homes Tasmania determines, being a sum that is at least sufficient to ensure that the sale does not result in a capital loss. 43. Power of Homes Tasmania to erect premises (1) On any Crown land set apart under section 12 of the Crown Lands Act 1976 , or acquired, for the purposes of this Act, or on the holding of an eligible person, Homes Tasmania may do one or more of the following: (a) erect residential premises or cause residential premises to be erected; (b) convert any buildings into residential premises; (c) alter, enlarge, repair and improve such residential premises. (2) On any Crown land set apart under section 12 of the Crown Lands Act 1976 , or acquired, for the purposes of this Act, that is land to which a proposed subdivision by, or for the purposes of, Homes Tasmania, for the primary purpose of providing residential accommodation, relates, Homes Tasmania may do one or more of the following: (a) erect, or cause to be erected, premises to be used to provide housing support services or community support services; (b) erect, or cause to be erected, premises to be used for commercial purposes; (c) alter, enlarge, repair and improve such premises. 44. Power to enter into partnerships, joint ventures, &c. (1) Homes Tasmania may, subject to this section, enter into partnerships, trusts and joint ventures. (2) Homes Tasmania may only enter into a partnership, trust or joint venture – (a) if the partnership, trust or joint venture is for purposes that include – (i) enabling the development of housing for provision to eligible persons or persons on low or moderate incomes; or (ii) enabling the development of land (including by way of subdivision) so that some or all of the land may be used for the development of housing for provision to eligible persons or persons on low or moderate incomes; and (b) with the approval of the Treasurer, if the total capital expenditure required to fulfil the purpose for which Homes Tasmania is entering into the partnership, trust or joint venture, is estimated to be more than the amount determined by the Treasurer under subsection (3) . (3) The Treasurer may, by instrument in writing provided to Homes Tasmania, determine an amount for the purposes of subsection (2)(b) . 45. Development of land for ancillary purposes (1) If any land has become available, or has been acquired, for the purposes of this Act, Homes Tasmania may take the steps that Homes Tasmania considers necessary or desirable to promote or ensure the development or use of, or dealing in, the land for the purposes of this Act. (2) The powers of Homes Tasmania under this section in relation to any land include, but are not limited to including, powers – (a) to erect, construct, alter, maintain, or use, any buildings or works on the land; and (b) to develop, lay out, maintain, or use, the land for any purpose; and (c) to sell or lease, or enter into any other transactions in respect of, the land or any buildings or works on the land. 46. Power of Homes Tasmania, &c., to enter on lands A person who is authorised to do so by Homes Tasmania, or who is a Homes Tasmania employee, may at any time, under or for the purposes of this Act – (a) enter any Crown land set apart under section 12 of the Crown Lands Act 1976 , or land acquired, for the purposes of this Act; and (b) enter on the land with the employees, agents, assistants, vehicles, plant and animals that the person thinks fit; and (c) on that land – (i) erect residential premises or other premises that Homes Tasmania may erect under this Act; and (ii) carry out any works that are required for the purposes of, or are incidental to, the subdivision and development of that land (including the construction of streets) and the erection of residential premises, and other premises, on the land. 47. Homes Tasmania to provide residential premises to certain persons other than eligible persons (1) In this section – public authority means – (a) a person or body of persons, whether incorporated or unincorporated, that is – (i) appointed or constituted by or under any Act or Commonwealth Act; or (ii) appointed in the exercise of the prerogative rights of the Crown – to administer or control any department, business, or undertaking, on behalf of the State or of the Commonwealth; and (b) a statutory authority appointed or constituted under any Act or Commonwealth Act to carry on any public industrial undertaking; and (c) a council. (2) If Homes Tasmania is satisfied that – (a) a public authority; or (b) a person who is carrying on, or about to carry on, an industrial undertaking – permanently requires residential premises for its or the person's employees, Homes Tasmania may, with the consent of the Minister – (c) erect residential premises; and (d) despite Part 8 , sell or lease them to that public authority or person upon the terms and conditions, if any, that the Minister approves. (3) For the purposes of this section – (a) the provisions of this Part have effect as if, for any reference in the provisions to an eligible person, there were substituted a reference to a public authority or person carrying on or about to carry on an industrial undertaking; and (b) the powers conferred on Homes Tasmania by those provisions may be exercised accordingly. PART 7 - Leasing and Subleasing of Land and Premises 48. Homes Tasmania may lease and sublease residential premises (1) Homes Tasmania may lease from any person, including an entity of the Crown, residential premises for the purpose of enabling Homes Tasmania to – (a) sublease the residential premises to an eligible person under section 49 ; or (b) sublease the residential premises to a person to whom the premises may be subleased under subsection (2) . (2) Homes Tasmania may lease residential premises owned by Homes Tasmania, or sublease residential premises that are leased by Homes Tasmania, to – (a) a person for the purpose of enabling the person, or another person who is to sublease the premises from the person, to sublease the residential premises to, or to provide, or arrange for the provision of, residential accommodation to, an eligible person; or (b) a housing support provider for the purpose of enabling the provider to provide housing support services; or (c) a community support provider for the purpose of enabling the provider to provide community support services; or (d) a person, if the premises, or a part of the premises, are not to be, in the short term, used by Homes Tasmania for the provision of residential accommodation to eligible persons but are intended, in the longer term, to be developed or used for such purposes. 49. Leasing and subleasing by Homes Tasmania of residential premises to eligible persons (1) Subject to this section, Homes Tasmania may – (a) lease to an eligible person any residential premises owned by Homes Tasmania; and (b) sublease to an eligible person any residential premises leased by Homes Tasmania. (2) Subject to the Residential Tenancy Act 1997 , residential premises that are leased, or subleased, to an eligible person by Homes Tasmania in accordance with this section are to be leased, or subleased, to the eligible person on the terms and conditions that Homes Tasmania thinks fit. (3) Despite the terms of a lease entered into by Homes Tasmania and an eligible person, Homes Tasmania may determine that the amount of rent payable by the eligible person under the lease is to be reduced as specified in the determination. (4) Despite the terms of a sublease entered into by Homes Tasmania and an eligible person, Homes Tasmania may determine that the amount of rent payable by the eligible person under the sublease is to be reduced as specified in the determination. 50. Homes Tasmania may subsidise rent and bonds payable by eligible persons (1) Homes Tasmania may provide to – (a) an eligible person who leases or subleases, or who intends to lea