Building Operations and Timber and Building Materials Control Acts Amendment Act of 1951 (15 Geo Vi No. 55) (Qld)

282 GIFT DUTY—HOUSING. P art IV.— A mendment of “ T he Building Operations, Etc., Act. 15 G eo . YI. N o . 55, I ncome T ax AND S uccession and P robate On and after the date fixed by a Proclamation as (SD auiltoierss , aforesaid, the provisions of section five of this Act shall an S do M ldeimerbse , rs not extend to the estate 6 f— of THE A ir F orce ) E xemption A cts , 1940 to 1944.” (а) Any member of the Forces of any country specified in that Proclamation who shall have died on active service with those Forces on or after that date or who, as the result of injuries received or disease contracted on or after that date on that active service, shall have died; or ( б ) Any merchant seaman on board any ship belonging to any country specified in that Proclamation who shall have died on or after that date in the course of, and from causes arising out of, operations connected with any war or warlike operations in which the Forces of that country shall be engaged or who, as the result of injuries received or disease contracted on or after that date in the course of, and from causes arising out of, any operations as aforesaid, shall have died. (3.) The Governor in Council may, by Proclamation published in the Gazette fix the date of the termination, for the purposes of this section, of any war or warlike operations. (4.) For the purposes of this section “ merchant seaman ” includes every person employed or engaged in any capacity in sea-going service on board any ship belonging to any country which is a member of the British Commonwealth of Nations or which is assisting the forces of the United Nations.” HOUSING. 15 N G O e . o 5 . 5 V . I. An Act to Amend “ The Building Operations and B uilding O perations and T imber and B uilding Timber and Building Materials Control Acts, 1945 to 1948,” in certain particulars. M aterials C ontrol acts A mendment [A ssented to 6 th D ecember , 1951.] A ct of 1951. B E it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same as follows:— shortutie 1 _ This Act may be cited as “The Building construction .Operations and Timber and Building Materials Control Acts Amendment Act of 1951,” and shall be read as one

HOUSING. 283 1951. Building Operations, Etc., Act. with * “ The Building Operations and Timber and Building Materials Control Acts, 1945 to 1948,” herein referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as “ The Building Operations and Timber and 1 e' Building Materials Control Acts, 1945 to 1951.” 2. Subsection three of section three of the Principal Amendment Act is amended by repealing therein the words “ oneof s- 3 <3)- thousand nine hundred and fifty-one ” and by inserting, in lieu of those repealed words, the words “ one thousand nine hundred and fifty-four”. 3. Section five of the Principal Act is amended by Amendment adding thereto the following paragraph, namely:— ofs. 5. “ Any reference in this Act to any other Act shall be taken to include a reference to any later Act amending or substituted for that other Act.” 4. Section six of the Principal Act is amended— Amendment (i.) By repealing in paragraph (a) of the definition of the term “ Building operation ” therein the words “ decorating, painting, colouring; white washing iand/or papering ” and by inserting, in lieu of those repealed words, the words “ and/or decorating ”. ’ ‘ (ii.) By repealing therein the definition of the term “Dwelling-house” and by inserting, in lieu of that repealed definition, the following definition, namely:— “ “ Dwelling-house ”—Means a structure for human habitation by a single family unit or by clergy, including all structures associated with it situated wholly or partly on the land appurtenant to it other than the following structures so associated and situated, namely:— (а) Any wall which is not a structural member of the dwelling-house in question; and ( б ) Any fence, drive, pavement, or path. The term does not include a structure for human habitation comprising two or more flats, a double-unit dwelling-house or other multiple dwelling, or an hotel, or a structure containing shop or factory premises.” * 9 G. 6 No. 22 and amending Acts.

284 HOUSING. Building Operations, Etc., Act. 15 G eo . YI. N o . 55, Repeal of 5. Section eight of the Principal Act is repealed and new s. 8 . an(j 5 jn Heu Gf that repealed section, the following section is inserted, namely :— Division of * ‘ [<§.] (1.) For the purposes of this Act the State z s o ta n t e e s. into js hereby divided into zones as follows :— . “ Zone A”—The cities of Brisbane, Ipswich, Toowoomba, Maryborough, Bundaberg, Rock­ hampton, Mackay, Townsville and Cairns ; “ Zone B ”—The towns of Redchffe and South Coast; “ Zone C ”—All islands off the coast of Queensland and every part of the mainland of Queensland within five miles of the coast thereof excepting any city or town, part of a city or town, or other area for the time being included in another zone ; • “ Zone D ”—Any and every part of Queensland not for the time being included in a zone other than this Zone D. (2.) The Governor in Council may from time to time by Order in Council— (a) Exclude from any zone any part or area thereof or any city or town or part of a city or town therein and include in another zone, (or divide and include in two or more other zones the divisions respectively of) the part, area, city or town, or part of a city or town so excluded; (b) Abolish any zone and include that abolished zone in any other zone or divide and include in two or more other zones the divisions respectively of that abolished zone ; (c) Abolish any zone without including that abolished zone in any other zone or abolish any zone and deal with part only of that abolished zone as specified in paragraph ( b) of this subsection. (3.) Subsection one of this section shall, to the extent necessary to give effect to any Order in Council made under subsection two of this section and for the time being in force, be read with and as modified by that Order in Council.”

HOUSING. 1951. Building Operations, Etc., Act. 6 . Subsection one of section ten of the Principal Act is amended as follows :— (i.) Paragraph (/) of that subsection is repealed and, in lieu of that repealed paragraph, the following paragraph is inserted, namely :— “ (/) Any building operation in respect of the erection in Zone C of a dwelling-house for use as a permanent residence where— (i.) Neither the person who, with respect to that building operation, is. the “ owner ” within the meaning of subsection three of section nine of this Act nor his or her spouse shall have been, at any time after the twenty-second day of November, one thousand nine hundred and forty-five, the owner as aforesaid in relation to the erection of, or an approval for the erection of, a dwelling-house in Zone C ; and (ii.) The area of the dwelling-house first- mentioned in this paragraph (/) does not exceed-— (а) If situated south of the tropic of Capricorn, one thousand two hundred and fifty square feet; or ( б ) If situated north of the tropic of Capricorn, one thousand five hundred square feet.” (ii.) Paragraph ( h ) of that subsection is amended by repealing therein the words “ one hundred pounds ” and by inserting, in lieu of those repealed words, the words “ two hundred pounds ”. (iii.) Paragraph (j) of that subsection is amended by repealing therein the words “ fifty pounds ” and by inserting, in lieu of those repealed words, the words “ two hundred pounds ”. (iv.) Paragraph ( k ) of that subsection is amended by repealing therein the words “ one hundred pounds ” and by inserting, in lieu of those repealed words, the words “ two hundred pounds ”. (v.) Paragraph ( l ) of that subsection is amended by inserting therein after the words “ other tha:n ” the words “ a structure for a purpose of or connectbd with the playing of any game or athletic sport or ”. ' 285 ’

286 HOUSING. Building Operations, Etc., Act. 15 G eo . YI. N o . 55, Amendment 7. Paragraph (c) of subsection two of section 10 a of s. ioa ( 2 ). 0£ £ke princjpa] Act is amended by repealing the words “ in such manner ” and by inserting, in lieu of those repealed words, the words “ by statutory declaration or in such other manner Amendments q Subsection two of section 10 b of the Principal Aotig amended- (a) By inserting, after subparagraph (ii.) of the first paragraph of that subsection, the following subparagraphs, namely— “ or (iii.) If, after the issue thereof, he forms the opinion that any of the information and particulars contained in or accompanying the application therefor, or any of the additional or further information or particulars required by him and furnished by the applicant therefor, is or are in any respect false or misleading; or (iv.) If, after the issue thereof, he forms the opinion that, with respect to the building operation thereby authorised, any provision of this Act has been, is being or will be contravened or not complied with.” ( b ) By adding to that subsection the following paragraph, namely “ The power conferred upon the Minister under this subsection to cancel any permit may, in the case of any and every permit, be exercised by him by cancelling or, at his absolute discretion, suspending that permit notwithstanding that the ground for the cancellation or suspension thereof is an alleged contravention of or failure to comply with a provision of this Act and that no person whomsoever has been proceeded against for that alleged contravention or non-compliance.” Amendments 9. Section eleven of the Principal Act is amended ° s' ' by adding thereto the following subsections, namely :— “ (5.) The power conferred upon the Minister by this section to issue a notice hereunder may, in the case • of any and every such notice, be exercised by him notwithstanding that, with respect to the building operation or work the subject of that notice, no person whomsoever has been proceeded against for any contravention of or failure to comply with a provision of this Act.

HOUSING. 287 1951. Building Operations , Etc., Act. (6.) In. any proceeding to which a notice under this section is relevant, the power of the Minister to issue that notice shall he presumed and evidence proving or tending to prove that the Minister had no ground or insufficient ground for issuing that notice shall not be led or admitted.” 10. Section twelve of the Principal Act is amended Amendment by repealing in paragraph (a) of that section, the words of s'12, “ conditions or limitations ” and by inserting, in lieu of those repealed words, the words 11 ‘ conditions and limitations ”. 11. Subsection two of section sixteen of the Amendment Principal Act is amended— of s-16 (2*- (а) By repealing, in paragraph (i.) of that subsection the words “ one hundred pounds ” and by inserting, in lieu ofthoserepealed words, thewords “ two hundred pounds ”. ( б ) By repealing in paragraph (ii.) of that subsection the words “ fifty pounds ’’and by inserting, in lieu of those repealed words, the words “ two hundred pounds ”. 12. Section 17 a of the Principal Act is amended — Amendment (i.) By repealing subsection one thereof and by ’ inserting, in lieu of that repealed subsection, the following subsection, namely :— “ ( 1 .) A person shall not, without the prior consent in writing of the Minister, sell, transfer, assign, let or sublet or agree to sell, transfer, assign, let or sublet to any other person or create or agree to create in favour of any other person any license to occupy any dwelling- house or any part of a dwelling-house (whether a dwelling-house in the course of being erected or a dwelling-house the' erection of which has been completed) situated in Zone B or any part thereof where the erection of that dwelling-house shall have been commenced or completed on or after the twenty- second day of November, one thousand nine hundred and forty-five. * This section shall extendso as to apply withrespect to— (a) Any and every structure not a dwelling-house when any transaction hereinbefore specified in this section is effected with respect thereto or to a part thereof; and ( b ) That transaction, where that structure shall have been at any time before the effecting of that transaction but after the

HOUSING. Building Operations, Etc., Act. 15 G eo . YI. No. 55, twenty-second day of November, one thousand nine hundred and forty-five, a dwelling-house the erection of which was commenced or completed on or after that lastmentioned date.” (ii.) By inserting, after subsection one thereof, the following subsection, namely :— “ { 1 a . ) (a) An application for the consent of the Minister under this section shall be in writing, shall be in or to the effect of the prescribed form, shall be signed by the applicant, and shall contain or be accompanied by such information and particulars as are prescribed or, in so far as not prescribed, directed by the Minister. ( 6 ) The Minister is hereby authorised to require the applicant to furnish him with all such further information and particulars additional to the information and particulars contained in or accompanying the application as he shall think necessary or desirable in the circumstances. » (c) Moreover, the Minister may require any application, any information or particulars contained in or accompanying an application, any further information or particulars furnished pursuant to his requirement, or the signature to any application or to any such information or particulars to be verified by statutory declaration or in such other manner as may be prescribed or, in so far as not prescribed, as he shall direct.” (iii.) By repealing the words “ any auctioneer or commission agent who is knowingly concerned ”, where those repealed words appear in subsection three of that section, and by inserting, in lieu of those repealed words, the words “ solicitor, conveyancer, auctioneer, commission agent or other person whomsoever who is concerned ”. (iv.) By adding to that section the following subsection, namely “ (4.) The Registrar of Titles or any other person or authority charged with the registration of instruments of title to any land may, upon submission to him or it for registration of any instrument relating to a transaction in connection with any land situated in Zone B require such evidence as he deems necessary that the transaction to which the instrument relates is not in contravention of the provisions of this section, and may refuse to register the instrument until such evidence is submitted to him.”

HOUSING. 289 1951. Building Operations, Etc., Act. 13. Subsection six of section thirty-six of the Amendments Principal Act is amended by adding to paragraph (a) ofs-36(6)- thereof the following subparagraphs, namely “or(vii.) That any transaction specified in section 17 a of this Act has been effected without the prior consent in writing of the Minister ; or (viii.) That the erection of a dwelling-house situated in Zone B was commenced or, as the case may be, completed on or after the twenty-second day of November, one thousand nine hundred and forty-five.” 14. Section thirty-nine of the Principal Act is Amendments amended- of 8-39‘ (a) By inserting after paragraph (xi.) thereof, the following paragraph, namely :— “ (xii.) Prohibiting the use, without the prior permission in writing of the Minister, of any specified class, description or kind of - timber or of any specified building materials, or of both of them in, or for any purpose of or connected with, any specified building operation and providing for, regulating and controlling applications for permits as aforesaid, and the issue, suspension/ and cancellation thereof: For the purposes of this paragraph the terms “ timber ” and “ building materials ” shall have the meanings assigned to those terms respectively by section twenty and section thirty of this Act.” ( b) By renumbering paragraph (xii.) of that section as paragraph (xiii.) thereof. INCOME TAX (SAILORS, SOLDIERS AND MEMBERS OF THE AIR FORCE) EXEMPTION. See G ift D uty . INSPECTION OF MACHINERY. See L abour . INSPECTION OF SCAFFOLDING. See L abour .