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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-11-12 Daily Xml
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COMMUNITY HOUSING PROVIDERS (NATIONAL LAW) (SOUTH AUSTRALIA) BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Schedule 3, Clause 5, page 40, lines 20 to 24—Delete paragraph (c) and substitute:

(c) without limiting paragraph (b), accommodation provided by a community housing provider registered under the Community Housing Providers National Law that is incorporated on a not-for-profit basis for the benefit of the public, other than accommodation provided by such a body—

(i) that has as a principal object of the body the provision of housing for members of the body; or

(ii) that is excluded from the ambit of this paragraph by the Minister by notice published in the Gazette;

No. 2. Schedule 3, Clause 5, page 40, lines 26 to 29—Delete subsection (1a) and substitute:

(1a) For the purposes of paragraph (c) of the definition of supported accommodation in subsection (1)—

(a) a body will not be regarded as incorporated on a not-for-profit basis—

(i) if a principal or subsidiary object of the body is—

(A) to secure a pecuniary profit for the members of the body or any of them; or

(B) to engage in trade or commerce; or

(ii) if the constitution or rules of the body provide that the surplus assets of the body on a winding-up are to be distributed to its members or to another body that does not have identical or similar aims or objects; and

(b) the Minister may, by notice in the Gazette, vary or revoke a notice that has been previously published in the Gazette under that paragraph.

No. 3. Schedule 3, Clause 16, page 47, after line 1—Insert:

(8) A transitioning housing association will (while its registration under the SACCH Act continues) be taken to continue to be within the ambit of paragraph (c) of the definition of supported accommodation under section 4 of the Local Government Act 1999 despite the substitution of that paragraph by an amendment made by this Act.

Consideration in committee of the Legislative Council's amendments.

The Hon. A. PICCOLO: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.

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