Anzac Cottages and T. B. Homes Act of 1960 (9 Eliz Ii No. 9) (Qld)

688 C§umtsla«h ANNO NONO ELIZABETHAE SECUNDAE REGTNAE. ^>♦4 ♦♦♦ ♦ ♦♦ ♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 4 No. 9. An Act to Enable the Public Curator of Queensland to Sell for an Estate in Fee-simple certain Lands held by him in Trust as Sites respectively for an Anzac Cottage or a Home for an Ex-Soldier or an Ex-Sailor affected with Tuberculosis. [A ssented to 24 th M arch , I960.] Preamble. W HEREAS during World War I. an Association of Persons called the Anzac Cottage Committee was formed having for its objects the acquisition of suitable areas of land and the making of arrangements for the erection of cottages (to be called and in this Act called “ Anzac Cottages ”) to be occupied by homeless widows or

9 E liz . LI. No 9, LOCO. Anzac Cottages and T.H. Homes Act. 689 other female dependants or descendants of persons who had enlisted in Queensland for Military or Naval Service with His Majesty’s Forces in that War, and who died while in such Service, and for certain other persons : A nd W hereas an Association of Persons called the Queensland War Council set up a Scheme having for its objects the provision of homes (in this Act called “ T.B. Homes ”) for ex-soldiers or ex-sailors affected with tuberculosis and their widows and dependants : A nd W hereas , pursuant to the provisions of section one hundred and eighty of “ The Land Acts, 1910 to 1959,” as in force for the time being, certain Crown lands were granted to the Public Curator of Queensland for an estate in fee-simple upon trust as sites for Anzac Cottages or T.B. Homes : A nd W hereas when no eligible person can be found to occupy an Anzac Cottage or a T.B. Home, or in order to raise moneys for use in and towards the repair, maintenance and upkeep of other Anzac Cottages or, as the case requires, T.B. Homes, it is necessary that the Public Curator of Queensland be enabled to, from time to time, sell for an estate in fee-simple any of the said lands, freed and discharged from the Trust upon and subject to which the same was granted to him. Now, therefore, be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :—: 1. This Act may be cited as “ The Anzac Cottages short title. and T.B. Homes Act of 1960.” 2. In this Act, unless the context otherwise indicates Meaningof or requires, the following terms shall have the meanings tenns' respectively assigned to' them, that is to say :— j “ Eligible person ”—In respect of— Eligible (a) Anzac Cottages, a homeless widow or other per8on' female dependant of a person who enlisted in Queensland for military or naval service with His Majesty’s Forces in World War I., and who died while in such service, or the descendants of such person ; or

690 Minister. Public Curator. Anzac Cottages and T.B. Homes Act . 9 E liz . II. No. 9, (b) T.B. Homes, an ex-soldier or ex-sailor affected with tuberculosis, and his widow and dependants ; “ Minister ”—The Minister for Public Lands and Irrigation or other Minister of the Crown for the time being charged with the administration of this Act; “ Public Curator ”—The Public Curator of Queensland under and within the meaning of “ The Public Curator Acts, 1915 to 1957.” Application 3. The Public Curator may make application in pfoerrmission writing to the Minister for permission to sell for an estate to sell. in fee-simple any land granted to him upon trust as a site for an Anzac Cottage or a T.B. Home absolutely freed and discharged from such trust— (a) When and so often as the Public Curator deems necessary owing to lack of moneys for use in and towards the repair, maintenance and upkeep of Anzac Cottages or, as the case may be, T.B. Homes ; (b) When an Anzac Cottage or a T.B. Home has become vacant or is occupied by a person who is not eligible to occupy it, and there is not as far as the Public Curator can discover any eligible person available to occupy it; (c) When the Public Curator is of opinion that, by reason of the condition of an Anzac Cottage or a T.B. Home, it would be uneconomic to expend further moneys for its repair, maintenance or upkeep ; or (d) When any other circumstances exist which, in the opinion of the Public Curator make it advisable that any Anzac Cottage or T.B. Home should be sold. Such an application shall specify the land to which it relates and state in full the reasons for the making thereof, and the Public Curator shall furnish to the Minister all such further or other information pertaining to the application as the Minister may require.

1960. Anzac Cottages and T.B. Homes Act. 4. The Minister may approve or refuse to approve Permissioa of any application referred to in section three of this to sell. Act, If the Minister approves of such an application he shall recommend to the Governor in Council that the permission applied for be granted. The Governor in. Council may, upon such recommendation of the Minister, by Order in Council published in the Gazette, grant to the Public Curator permission to sell for an estate in fee-simple the land the subject of the application and recommendation (which land shall be specified in the Order in Council) absolutely freed and discharged from the trust upon and subject to which such land was granted to the Public Curator. 5. Upon being granted permission as prescribed Sale by by this Act, the Public Curator may, subject to this Act, PCuubralitcor. sell for an estate in fee-simple any land granted to him upon trust as a site for an Anzac Cottage or a T.B. Home absolutely freed and discharged from such trust. Unless the Governor in Council, upon grounds shown by the Public Curator and deemed sufficient by the Governor in Council, permits a sale by private treaty, any such land shall be sold by public auction provided however that the Public Curator may place a reserve price upon the land and may pass in the same from sale in the event of the reserve price or a sum in excess thereof not being bid for the land at any sale of the same by public auction. Thereafter the Public Curator may sell the laud by public auction or by private treaty provided that a sale of the land by private treaty shall not without the prior approval in writing of the Minister, be made for a lesser sum than the reserve price that may have been placed thereon by the Public Curator for the purpose of any sale of the land by public auction. The Public Curator shall pay from the proceeds of the sale the costs thereof and, according to the trust upon which the land sold was originally granted, credit the net proceeds of the sale to the account kept by him with Al

692 Anzac Cottages and T.B. Homes Act. 9 E liz . II. No. 9, respect to Anzac Cottages and called the “Anzac Cottages Maintenance Account ” or the account kept by him with respect to T.B. Homes and called the “ T.B. Homes Maintenance Account ” and shall use the same in and towards the repair, maintenance and upkeep of Anzac Cottages or, as the case may be, T.B. Homes and not otherwise howsoever. Surrender and issue of new Deed of Grant. 6. (1.) For the purpose of the sale under this Act of the whole or any part of the land comprised in any Deed of Grant the Public Curator may surrender to the Crown such Deed of Grant, and thereupon— (а) For the purpose of the sale of the whole of the land comprised in the surrendered Deed of Grant, the Governor in Council shall issue to the Public Curator a fresh Deed of Grant in fee-simple comprising such land absolutely freed and discharged from the trust upon and subject to which the same was held by him under the surrendered Deed of Grant; or (б) For the purpose of the sale of part only of the land comprised in the surrendered Deed of Grant, the Governor in Council shall issue to the Public Curator two Deeds of Grant in fee-simple comprising respectively— (i.) The part of the land the subject of the sale, which Deed of Grant shall be issued to the Public Curator absolutely freed and discharged from the trust on and which the Public Curator held such part under the surrendered Deed of Grant but, save such trust, subject to all the reservations and conditions to which the surrendered Deed of Grant was subject; and (ii.) The remaining part of such land, which Deed of Grant shall be issued subject to the trust upon which the Public Curator held such land under the surrendered Deed of Grant and all other reservations and conditions to which the surrendered Deed of Grant was subject. (2.) The Public Curator shall pay in respect of the issue to him of any Deed of Grant under this section the appropriate deed and assurance fees and where any

I960. Anzac Cottages and T.B. Homes Act. survey is required in connection with the issue of any such Deed of Grant, a sum determined by the Minister in respect of the cost of such survey. Any payment referred to in this subsection shall, according to the trust upon which the land concerned was originally granted, be made by the Public Curator from the account kept by him with respect to Anzac Cottages and called the “Anzac Cottages Maintenance Account ” or the account kept by him with respect to T.B. Homes and called the “ T.B. Homes Maintenance Account ”. 693