HOUSING REGULATIONS 1983

NORTHERN TERRITORY OF AUSTRALIA HOUSING REGULATIONS 1983 As in force at 29 June 2026 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 3B Housing schemes prescribed .......................................................... 1 Part 2 Social housing scheme Division 1 Meaning of social housing scheme 3C Scheme ........................................................................................... 2 Division 2 Leases granted by Chief Executive Officer (Housing) 4 Powers of Chief Executive Officer (Housing) to let dwellings .......... 2 5 Rebates of rent ................................................................................ 3 Division 3 Agreements with, and leases granted by, community housing providers 5A Agreement with community housing provider .................................. 3 5B Power of community housing provider to let premises .................... 4 5C Concurrent leases ........................................................................... 4 Part 3 Scheme for provision of housing for approved persons and their employees 6 Definition.......................................................................................... 5 7 Acquisition, sale and letting of dwellings ......................................... 5 8 Rent of dwellings let to Commonwealth, public authorities or their employees ............................................................................... 6 9 Sale price......................................................................................... 6 10 Chief Executive Officer (Housing) as agent for approved person ............................................................................................. 6 11 Assistance to charitable bodies ....................................................... 6 Part 4 Miscellaneous matters 12 Building for private person ............................................................... 7 13 Contents of seizure receipt .............................................................. 7 -- 1 of 15 -- Housing Regulations 1983 ii Part 5 Infringement notice offences 14 Infringement notice offence and prescribed amount payable .......... 7 15 When infringement notice may be given .......................................... 8 16 Contents of infringement notice ....................................................... 8 17 Payment by cheque ......................................................................... 9 18 Withdrawal of infringement notice.................................................... 9 19 Application of Part ........................................................................... 9 Schedule 2 Infringement notice offences and prescribed amounts ENDNOTES -- 2 of 15 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 29 June 2026 ____________________ HOUSING REGULATIONS 1983 Regulations under the Housing Act 1982 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Housing Regulations 1983. 2 Commencement These Regulations shall come into operation on the commencement of the Housing Act 1982. 3 Definitions In these Regulations: infringement notice, see regulation 15. infringement notice offence, see regulation 14(1). prescribed amount, see regulation 14(2). 3B Housing schemes prescribed For section 22 of the Act, the following housing schemes are prescribed: (a) the social housing scheme set out in Part 2; (b) the scheme for provision of housing for approved persons and their employees set out in Part 3. -- 3 of 15 -- Part 2 Social housing scheme Division 2 Leases granted by Chief Executive Officer (Housing) Housing Regulations 1983 2 Part 2 Social housing scheme Division 1 Meaning of social housing scheme 3C Scheme The social housing scheme is the scheme by which: (a) eligible persons and others are granted leases of dwellings by the Chief Executive Officer (Housing) or the Territory in accordance with Division 2; and (b) the Chief Executive Officer (Housing) or the Territory facilitates the provision of housing to eligible persons and others by community housing providers, and eligible persons and others are granted leases of premises by community housing providers, in accordance with Division 3. Division 2 Leases granted by Chief Executive Officer (Housing) 4 Powers of Chief Executive Officer (Housing) to let dwellings (1) Subject to this regulation, the Chief Executive Officer (Housing) may let a dwelling to an eligible person. (2) A letting under subregulation (1) must be: (a) subject to regulation 5, at the rent of the dwelling determined under section 23 of the Act for that dwelling; and (b) in accordance with these Regulations, the Residential Tenancies Act 1999 and any conditions that the Chief Executive Officer (Housing) thinks fit. (3) The Chief Executive Officer (Housing) may, in letting a dwelling under subregulation (1), give preference to an eligible person who, in its opinion: (a) is occupying an insanitary or overcrowded dwelling-place; or (b) is living under unsatisfactory housing conditions; or (c) is homeless. -- 4 of 15 -- Part 2 Social housing scheme Division 3 Agreements with, and leases granted by, community housing providers Housing Regulations 1983 3 (4) The Chief Executive Officer (Housing) must not let a dwelling under this regulation to a person unless the Chief Executive Officer (Housing) is satisfied that the person intends to use the dwelling as a home for the person or the person's dependants and for no other purpose. (5) Subject to subregulation (4), with the written consent of the Minister, the Chief Executive Officer (Housing) may, for a period not exceeding 6 months, let a dwelling to a person who is not an eligible person but who has been displaced from a dwelling-place by process of law and who, in its opinion: (a) is occupying an insanitary or overcrowded dwelling-place; or (b) is living under unsatisfactory housing conditions; or (c) is homeless. 5 Rebates of rent The Chief Executive Officer (Housing) may, in its discretion, grant a rebate of the whole of the rent payable in respect of a dwelling by an eligible person, or of such portion of that rent as it thinks fit, and for such period as it thinks fit. Division 3 Agreements with, and leases granted by, community housing providers 5A Agreement with community housing provider (1) The Chief Executive Officer (Housing) or the Territory may do any of the following to facilitate the provision of housing to eligible persons and others by a community housing provider: (a) grant to the provider a lease of vacant premises; (b) grant to the provider a concurrent lease of premises that are let under Division 2; (c) enter into an agreement with the provider in relation to: (i) funding, the transfer of assets or another type of assistance or service related to the provision of housing to eligible persons and others by the provider; or (ii) premises owned or leased by the provider. (2) A lease or agreement mentioned in subregulation (1) may contain any conditions that the Chief Executive Officer (Housing) or the Territory considers appropriate. -- 5 of 15 -- Part 2 Social housing scheme Division 3 Agreements with, and leases granted by, community housing providers Housing Regulations 1983 4 (3) This regulation does not limit any other power the Chief Executive Officer (Housing) or the Territory may have to enter into a lease, concurrent lease or other agreement, including entering into a lease, concurrent lease or other agreement with a community housing provider. 5B Power of community housing provider to let premises (1) This regulation applies in relation to premises that are the subject of a lease, concurrent lease or other agreement between the Chief Executive Officer (Housing) and a community housing provider. (2) The premises must be let by the community housing provider: (a) subject to subregulation (3), at the rent of the premises determined under section 23 of the Act for those premises; and (b) on terms that are in accordance with these Regulations and the Residential Tenancies Act 1999. (3) If the lease, concurrent lease or other agreement requires the community housing provider to grant a rebate of the whole or a portion of the rent payable by a tenant in relation to the premises, the provider must do so in accordance with the lease, concurrent lease or other agreement. 5C Concurrent leases (1) This regulation applies in relation to premises that are let under Division 2 if the Chief Executive Officer (Housing) grants a concurrent lease of the premises to a community housing provider. (2) On the commencement of the concurrent lease: (a) any rent payable after the commencement by a tenant of the premises becomes payable to the community housing provider and not to the Chief Executive Officer (Housing); and (b) any rent in arrears that was payable before the commencement of the concurrent lease, does not become payable to the provider unless otherwise agreed between the Chief Executive Officer (Housing) and the provider; and (c) the premises cease to be public housing premises. (4) To avoid doubt, the consent of a tenant is not required in order for the Chief Executive Officer (Housing) to enter into a concurrent lease. -- 6 of 15 -- Part 3 Scheme for provision of housing for approved persons and their employees Housing Regulations 1983 5 Part 3 Scheme for provision of housing for approved persons and their employees 6 Definition In this Part: approved person means: (a) the Territory or the Commonwealth; or (b) an authority or body constituted by or under a law of the Territory or the Commonwealth; or (c) an individual, partnership, company, co-operative trading society or association engaged in: (i) commercial or industrial business activities; or (ii) activities of defence significance; in the Territory and approved by the Minister for this Part after considering the recommendation of the Chief Executive Officer (Housing); or (d) a body (other than a body mentioned in paragraph (e)) approved by the Minister and taken to be registered in the Territory under section 119A of the Corporations Act 2001; or (e) a body approved by the Minister that, in the opinion of the Minister, carries out or promotes in the Territory services and programmes for the benefit of the community. 7 Acquisition, sale and letting of dwellings (1) Subject to this Part, the Chief Executive Officer (Housing) may acquire a dwelling and let or sell it to an approved person or to an employee of an approved person upon such terms and conditions as are: (a) agreed upon between the Chief Executive Officer (Housing) and the approved person or the employee, as the case may be; and (b) if the dwelling is to be let or sold to a person mentioned in regulation 6(c) or to the employee of such a person - approved by the Minister. -- 7 of 15 -- Part 3 Scheme for provision of housing for approved persons and their employees Housing Regulations 1983 6 (2) Where the Chief Executive Officer (Housing) lets or sells under subregulation (1) a dwelling, the terms and conditions mentioned in that subregulation apply to and in relation to the letting or selling whether or not the person to whom the dwelling is let or sold is an approved person. 8 Rent of dwellings let to Commonwealth, public authorities or their employees The rent for a dwelling let under regulation 7 to a person mentioned in regulation 6(a) or (b), or to the employee of such a person, must be at the rent determined under section 23 of the Act for that dwelling. 9 Sale price Subject to section 35 of the Act, the price at which a dwelling must be sold under regulation 7 is the market value of the dwelling. 10 Chief Executive Officer (Housing) as agent for approved person For the purposes of assisting an approved person to obtain, at the person's own expense, housing for the person's employees, the Chief Executive Officer (Housing) may, with the approval of the Minister and with the consent and at the expense of the person, act as the agent of the person in arranging for the construction or purchase of the housing and, without limiting the generality of the foregoing, may: (a) conduct negotiations; and (b) enter into contracts; on behalf of the person. 11 Assistance to charitable bodies In addition to the assistance otherwise available under these Regulations to a body mentioned in regulation 6(e), the Chief Executive Officer (Housing) may, with the approval of the Minister and on such terms and conditions as the Minister, after consultation with the Chief Executive Officer (Housing), approves: (a) acquire a building and let or sell it to that body; or (b) assist or act as agent in the manner described in regulation 10 in connection with the obtaining of a building; -- 8 of 15 -- Part 5 Infringement notice offences Housing Regulations 1983 7 for use by that body, otherwise than as a residence, for or in connection with its day-to-day activities. Part 4 Miscellaneous matters 12 Building for private person The Chief Executive Officer (Housing) may enter into a contract with a private person who is the holder of land, whether freehold or leasehold, for the building of a dwelling on that land, on such terms as shall be agreed upon between the Chief Executive Officer (Housing) and the private person. 13 Contents of seizure receipt A receipt about the seizure of a seized item required to be issued under section 28G(5) of the Act must contain the following information: (a) a description of the seized item; (b) the date and time of the seizure; (c) a statement to the effect that if the seized item is not retained as evidence, it can be collected by its owner within 3 months of the date of seizure; (d) the name and address of the place from which the seized item can be collected; (e) the name and signature of the police officer issuing the receipt. Part 5 Infringement notice offences 14 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in Schedule 2. (2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 2. -- 9 of 15 -- Part 5 Infringement notice offences Housing Regulations 1983 8 15 When infringement notice may be given If an authorised officer or a police officer reasonably believes a person has committed an infringement notice offence, the officer may give a notice (an infringement notice) to the person. 16 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person, if known; (b) the date the infringement notice is given to the person; (c) the date, time and place of the infringement notice offence; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency; (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following: (i) suspending the person's licence to drive; (ii) seizing personal property of the person; (iii) deducting an amount from the person's wages or salary; (iv) registering a statutory charge on land owned by the person; -- 10 of 15 -- Part 5 Infringement notice offences Housing Regulations 1983 9 (v) making a community work order for the person and imprisonment of the person if the person breaches the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b). 17 Payment by cheque If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation. 18 Withdrawal of infringement notice (1) The following may withdraw the infringement notice by written notice given to the person: (a) if the infringement notice was given to the person by an authorised officer – the CEO; (b) if the infringement notice was given to the person by a police officer – the Commissioner of Police. (2) The notice must be given: (a) within 28 days after the infringement notice is given to the person; and (b) before payment of the prescribed amount. 19 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated. (2) Also, this Part does not: (a) require an infringement notice to be given; or (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person. (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices. -- 11 of 15 -- Schedule 2 Infringement notice offences and prescribed amounts Housing Regulations 1983 10 Schedule 2 Infringement notice offences and prescribed amounts regulation 14 Provision Prescribed amount in penalty units section 28D(5) of Act 0.5 section 28E(4) of Act 0.5 -- 12 of 15 -- ENDNOTES Housing Regulations 1983 11 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Housing Regulations (SL No. 10, 1983) Notified 25 March 1983 Commenced 15 April 1983 (r 2, s 2 Housing Act 1982 (Act No. 76, 1982) and Gaz G5, 4 February 1983, p 3) Amendment of the Housing Regulations (SL No. 36, 1985) Notified 11 December 1985 Commenced 15 January 1986 (r 2, s 2 Housing Amendment Act 1984 (No. 48, 1984) and Gaz G2, 15 January 1986, p 8) Amendment of Housing Regulations (SL No. 21, 1998) Notified 1 July 1998 Commenced 1 July 1998 Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005 Housing Amendment Regulations (SL No. 11, 2012) Notified 28 March 2012 Commenced 28 March 2012 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) -- 13 of 15 -- ENDNOTES Housing Regulations 1983 12 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (Gaz S34, 29 April 2016) Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016) Assent date 8 June 2016 Commenced s 17 (to ext ins new s 15): 10 October 2016; rem: 18 July 2016 (Gaz S67, 18 July 2016) Criminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022) Assent date 31 October 2022 Commenced 30 April 2023 (Gaz G8, 13 April 2023, p 1) Housing and Related Legislation Amendment Act 2024 (Act No. 3, 2024) Assent date 14 March 2024 Commenced 5 April 2024 (Gaz S26, 3 April 2024) Housing Amendment Regulations 2024 (SL No. 3, 2024) Date made 27 March 2024 Commenced 5 April 2024 (r 2, s 2 Housing and Related Legislation Amendment Act 2024 (Act No. 3, 2024) and Gaz S26, 3 April 2024) Housing, Transport and Surveillance Devices Legislation Amendment (Police Public Safety Officers) Act 2025 (Act No. 36, 2025) Assent date 5 December 2025 Commenced pts 1 and 5: 27 February 2026 (Gaz S13, 26 February 2026); rem: 29 June 2026 (Gaz G12, 18 June 2026, p 1) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 16 and Sch 1. 4 LIST OF AMENDMENTS pt 1 hdg amd No. 11, 2012, r 6 r 3 amd No. 21, 1998, r 2 sub No. 11, 2012, r 3 amd Act No. 3, 2024, s 15 r 3A ins No. 11, 2012, r 3 rep Act No. 36, 2025, s 13 r 3B ins No. 3, 2024, r 4 pt 2 hdg amd No. 11, 2012, r 6 sub No. 3, 2024, r 5 pt 2 div 1 hdg ins No. 3, 2024, r 5 r 3C ins No. 3, 2024, r 5 pt 2 div 2 hdg ins No. 3, 2024, r 5 r 4 amd No. 21, 1998, r 2; No. 11, 2012, r 6; No. 3, 2024, r 6 r 5 amd No. 21, 1998, r 2 pt 2 div 3 hdg ins No. 3, 2024, r 7 -- 14 of 15 -- ENDNOTES Housing Regulations 1983 13 rr 5A – 5B ins No. 3, 2024, r 7 r 5C ins No. 3, 2024, r 7 amd Act No. 36, 2025, s 14 pt 3 hdg amd No. 11, 2012, r 6; No. 3, 2024, r 8 r 6 amd No. 21, 1998, r 2; Act No. 17, 2001, s 22; No. 11, 2012, r 6 r 7 amd No. 21, 1998, r 2; No. 11, 2012, r 6 rr 8 – 9 amd No. 11, 2012, r 6 r 10 amd No. 21, 1998, r 2; No. 11, 2012, r 6 r 11 amd No. 21, 1998, r 2; Act No. 44, 2005, s 35; No. 11, 2012, r 6 pt 4 hdg amd No. 11, 2012, r 6 r 12 amd No. 21, 1998, r 2 r 13 ins No. 36, 1985, r 3 sub No. 11, 2012, r 4 amd Act No. 36, 2025, s 15 pt 5 hdg ins No. 11, 2012, r 4 r 14 ins No. 11, 2012, r 4 r 15 ins No. 11, 2012, r 4 amd Act No. 36, 2025, s 16 rr 16 – 17 ins No. 11, 2012, r 4 r 18 ins No. 11, 2012, r 4 amd Act No. 36, 2025, s 17 r 19 ins No. 11, 2012, r 7 sch 1 ins No. 11, 2012, r 5 amd Act No. 9, 2016, s 160; Act No. 8, 2016, s 42; Act No. 17, 2016, s 46; No. 24, 2022, s 35 rep Act No. 36, 2025, s 18 sch 2 ins No. 11, 2012, r 5 -- 15 of 15 --