is designated, in writing, by the Minister for the purposes of section 60; and

is occupied by an SES employee or acting SES employee.

DHA means Defence Housing Australia.

DHA Advisory Committee means the Defence Housing Australia Advisory Committee established by section 27.

Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.

Finance Secretary means the Secretary of the Department administered by the Finance Minister.

government of a foreign country or a part of a foreign country means the authority exercising effective governmental control in that foreign country or that part of that foreign country.

government body of a foreign country means:

the government of the foreign country or of part of the foreign country; or

an authority of the government of the foreign country; or

an authority of the government of part of the foreign country; or

a local government body or regional government body of the foreign country; or

a public enterprise of the foreign country.

house includes:

any building or part of a building that is used or intended to be used, in whole or in substantial part, for residential accommodation, whether consisting of:

a single unit of accommodation;

2 or more attached units of accommodation; or

multi-storey units of accommodation; and

outbuildings, fences, walls, permanent provision for lighting, for heating, for water supply, for drainage and for sewerage, and other appurtenances of a house (including a building or part of a building referred to in paragraph (a)).

joint venture means an undertaking carried on by 2 or more persons in common otherwise than as partners.

Managing Director means the Managing Director of DHA.

member means a member of the Board, and includes the Chairperson and Managing Director.

military organisation of a foreign country means the armed forces of the government of the foreign country.

registered charity means an entity that is registered under the Australian Charities and Not-for-profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25-5(5) of that Act.

securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.

share means a share in the share capital of a corporation, and includes stock.

creating, executing, entering into, drawing, making, accepting, indorsing, issuing, discounting, selling, purchasing and reselling securities;

creating, selling, purchasing and reselling rights and options in relation to securities; and

entering into agreements and other arrangements in relation to securities.

members of the Defence Force and their families; and

officers and employees of the Department and their families; and

persons who provide goods or services to the Defence Force, and their families; and

persons who provide goods or services to the Department, and their families; and

persons for whom the provision of such housing or services would facilitate engagement in activities with or for the Defence Force, and their families; and

members of a military organisation of a foreign country and their families; and

officials and employees of a government body of a foreign country and their families; and

contractors engaged by:

a military organisation of a foreign country; or

a government body of a foreign country; or

a contractor to which this paragraph applies (other than because of this subparagraph);

and their families; and

accredited representatives of registered charities and their families; and

persons in a class of persons covered by a determination under subsection (3) and their families;

in order to meet the operational needs of the Defence Force and the requirements of the Department.

(a) officials of a non-corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) other than the Department, and their families; and

persons contracted to provide goods or services to a non-corporate Commonwealth entity (within the meaning of that Act) other than the Department, and their families;

in order to meet the requirements of that entity.

the persons to whom services can be provided;

the kinds of services that can be provided;

any other matter.

the function mentioned in subsection (1);

the function mentioned in subsection (2), to the extent that it relates to the function mentioned in subsection (1).

if a percentage under 25% is prescribed by the regulations for the purposes of this subsection—that percentage; or

otherwise—25%.

purchase and otherwise acquire, and sell and otherwise dispose of:

land and any interest in land; and

houses;

develop land;

build, demolish, alter, renovate, maintain, repair and improve houses;

convert buildings and other structures that are not houses into houses;

rent out, and generally manage and control:

land and houses acquired by it; and

land and houses that are:

(A) owned or held under lease by the Commonwealth or a State or Territory; and

(B) made available to it;

determine and collect rents, fees and charges in relation to land and houses rented out by it;

evict tenants and otherwise recover possession of land and houses referred to in paragraph (e);

provide and improve amenities, facilities and services for persons living in houses rented out by it;

purchase and take on hire, and dispose of, plant, machinery, equipment and other goods;

hire out plant, machinery, equipment and other goods not immediately required by it;

make charges for work done, and services rendered, by it;

provide transport, accommodation, amenities, facilities and services for members of the staff of DHA and their families;

enter into contracts;

appoint agents and attorneys and act as an agent for other persons;

engage consultants;

form, and participate in the formation of, companies;

enter into partnerships;

participate in joint ventures;

accept gifts, grants, bequests and devises made to it and act as trustee of money and other property vested in it on trust; and

do anything incidental to any of its powers.

is a body corporate; and

is to have a seal; and

may acquire, hold and dispose of real and personal property; and

may sue and be sued.

subsection 5(2);

section 31;

section 60;

section 63A;

section 66A.

the Chairperson;

(b) a current or former APS employee or Agency Head (within the meaning of the Public Service Act 1999), with a background in Defence, nominated by the Secretary of the Department;

a current or former member of the Defence Force nominated by the Chief of the Defence Force;

a person nominated by the Finance Secretary;

the Managing Director;

(f) 4 commercial members.

housing operations;

property development or management;

business management;

real estate management;

finance;

building or construction management;

social planning.

shall be appointed with effect from the day specified in the instrument of appointment; and

holds office, subject to this Act, for such term (not exceeding 3 years) as is specified in the instrument of appointment, but is eligible for re-appointment.

an appointed member becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

the Chairperson is absent, except with the leave of the Minister, from 3 consecutive meetings of the Board; or

an appointed member (other than the Chairperson) is absent, except with the leave of the Chairperson, from 3 consecutive meetings of the Board;

the Minister shall terminate the appointment of the appointed member.

during a vacancy in the office of Chairperson (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Chairperson is absent from Australia or is, for any reason, unable to perform the duties of the office.

during a vacancy in the office of such a member (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when such a member is acting as Chairperson, is absent from Australia or is, for any reason, unable to attend meetings of the Board.

may, at any time, convene a meeting of the Board; and

shall, on receipt of a written request signed by not less than 3 other members, convene a meeting of the Board.

5 members constitute a quorum;

a question shall be decided by a majority of the votes of the members present and voting; and

the member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

the Chair of the Advisory Committee, who is to be the member mentioned in paragraph 12(1)(b) or the member mentioned in paragraph 12(1)(c), as nominated by DHA;

either:

unless subparagraph (ii) applies—the National Convenor of Defence Families Australia; or

if the regulations specify a similar office—the person occupying that office;

up to 3 persons appointed by the Chief of the Defence Force;

a person appointed by DHA.

suffering a loss in complying with the direction;

incurring costs, in complying with the direction, greater than the costs that DHA would otherwise have incurred; or

forgoing revenue, in complying with the direction, that DHA would otherwise have received.

borrow money otherwise than from the Commonwealth; or

raise money otherwise than by borrowing;

on terms and conditions that are specified in, or consistent with, the approval.

the issue by DHA of an instrument acknowledging a debt in consideration of:

the payment or deposit of money; or

the provision of credit;

otherwise than in relation to a transaction that is in the ordinary course of the day to day operations of DHA, shall be deemed to be raising by DHA, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and

the obtaining of credit by DHA otherwise than in relation to a transaction that is in the ordinary course of the day to day operations of DHA shall be deemed to be a raising by DHA, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.

guaranteeing the repayment by DHA of money borrowed under paragraph 37(1)(a) and the payment by DHA of interest (including any interest on that interest) on money so borrowed; or

guaranteeing the payment by DHA of such amounts (which may be interest) that DHA is liable to pay with respect to money raised under paragraph 37(1)(b) as are specified in the contract.

that the repayment by DHA of money borrowed under paragraph 37(1)(a), and the payment by DHA of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or

that the payment by DHA of such money (which may be interest) that DHA is liable to pay with respect to money raised under paragraph 37(1)(b) as is specified in the determination is guaranteed by the Commonwealth;

and, where the Finance Minister makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth.

a provision agreeing that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;

a provision waiving the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.

a body corporate that is a wholly owned subsidiary of DHA:

borrows money otherwise than from the Commonwealth; or

raises money otherwise than by borrowing; and

the money has been, or is to be, expended in connection with the objects of the body corporate;

then, whether the money is borrowed or raised by dealing in securities or otherwise, and whether or not the money is borrowed or raised, in whole or in part, in a currency other than Australian currency, this section applies to the borrowing or raising.

guaranteeing the repayment by the body corporate of the money borrowed and the payment by the body corporate of interest (including any interest on that interest) on the money borrowed; or

guaranteeing the payment by the body corporate of such amounts (which may be interest) that the body corporate is liable to pay with respect to the money raised as are specified in the contract.

that the repayment by the body corporate of the money borrowed, and the payment by the body corporate of interest (including any interest on that interest) on the money so borrowed, are guaranteed by the Commonwealth; or

that the payment by the body corporate of such money (which may be interest) that the body corporate is liable to pay with respect to the money raised as is specified in the determination is guaranteed by the Commonwealth;

and, where the Finance Minister makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth.

the Finance Minister is satisfied that the terms and conditions of the borrowing or raising are reasonable;

if the borrowing or raising consists of, or includes, the issue of instruments—the issue of those instruments, and the form of those instruments, have been approved, in writing, by the Finance Minister;

the Finance Minister is satisfied that appropriate security has been, or is to be, given to the Commonwealth;

the Finance Minister is satisfied that appropriate undertakings have been given by the body corporate that the property over which security has been, or is to be, given in accordance with paragraph (c):

will be insured and kept insured to its full insurable value against all risks against which it is customary to insure;

will not be sold or made the subject of a mortgage or charge having priority over the security; and

will not be taken out of Australia for a destination outside Australia except after the giving of such security as the Finance Minister approves in writing;

the Finance Minister is satisfied that appropriate undertakings have been given by the body corporate that, while the contract or determination remains in force:

(i) persons appointed or engaged under the Public Service Act 1999 and authorised in writing by the Minister will, at all reasonable times, have full and free access to the financial accounts of the body corporate; and

the body corporate will do everything in its power to ensure that those persons so authorised will, at all reasonable times, have full and free access to the financial accounts of any body, whether corporate or unincorporate, in which the body corporate has, whether directly or indirectly, a controlling interest;

the Finance Minister is satisfied that appropriate undertakings have been given by the body corporate that any legal costs incurred by the Commonwealth in connection with the contract or determination will be met by the body corporate; and

such other conditions as the Finance Minister considers necessary are fulfilled.

a provision agreeing that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;

a provision waiving the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.

the issue by a body corporate of an instrument acknowledging a debt in consideration of the payment or deposit of money or of the provision of credit; or

the obtaining of credit by a body corporate;

shall, to the extent of the amount of that money or of that credit, as the case may be, be deemed to be a borrowing by the body corporate.

DHA;

a nominee of DHA;

a subsidiary of DHA, being a subsidiary none of the members of which is a person other than DHA or a nominee of DHA; or

a nominee of a subsidiary referred to in paragraph (c).

determine, in writing, the principles in accordance with which it proposes to determine rents; and

inform the Minister, by notice in writing, of the principles that it has determined.

direct, in writing, that land that is owned by the Commonwealth is to be transferred to DHA;

make available to DHA land and houses that are owned or held under lease by the Commonwealth or a State or Territory; and

may cause any plant, machinery, equipment or other goods that are owned by the Commonwealth to be transferred to DHA.

land vests in DHA under this section; and

a certificate that:

is signed by an officer of the Attorney-General’s Department authorised in writing by the Secretary of that Department to give such certificates;

identifies the land, whether by reference to a map or otherwise; and

states that the land is vested in DHA under this section;

is lodged with the Registrar-General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;

the officer with whom the certificate is lodged may:

register the vesting in like manner to the manner in which dealings in land are registered; and

may deal with, and give effect to, the certificate;

as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) to DHA that had been duly executed under the laws in force in the State or Territory.

give directions, in writing, to DHA with respect to its management and control of the land or houses; and

determine, in writing, the period for which the land is, or the houses are, made available to DHA.

a security dealt with by DHA;

the issue, redemption, transfer, sale, purchase, resale, acquisition or discounting of a security by DHA or any other person (other than a transaction done without consideration or for an inadequate consideration);

any other transaction done for the purposes of a borrowing, or a raising of money otherwise than by borrowing, by DHA; or

any other document executed by or on behalf of DHA for the purposes of a borrowing, or a raising of money otherwise than by borrowing, by DHA.

a particular security, transaction or document; or

securities, transactions or documents in a class of securities, transactions or documents, as the case may be.

a specified law of a State or Territory; or

laws in a specified class of laws of a State or Territory.

the operation of section 63 (exemption from State and Territory taxation); or

any other exemption from taxation liability applying to DHA.

a committee of the Board;

a member of the Board; or

a member of the staff of DHA.

(b) The Defence Housing Australia Act 1987 was amended by Schedule 4 (items 66–68) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

(c) The Defence Housing Australia Act 1987 was amended by Schedule 2 (items 23, 80, 106, 129, 141 and 142) only of the Defence Legislation Amendment Act (No. 1) 1997, subsection 2(1) of which provides as follows:

(d) The Defence Housing Australia Act 1987 was amended by Schedule 2 (items 696–708) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

(e) The Defence Housing Australia Act 1987 was amended by Schedule 1 (items 371–380) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows: