Commonwealth and State Housing Agreement Act 1955 (NSW)

COMMONWEALTH AND STATE HOUSING

AGREEMENT ACT.

Act No. 41 , 1955.

An Act to approve and ratify an Agreement for the variation of the Agreement entered into between the Commonwealth and the States in relation to housing; and for purposes connected therewith. [Assented

to, 29th November, 1955.]

lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-
Wales in Parliament assembled, and by the authority of the same, as follows:—
1 . This Act may be cited as the "Commonwealth and State Housing Agreement Act, 1955."
2 . The Agreement made on the sixteenth day of April, one thousand nine hundred and fifty-five, a copy of which is set forth in the Schedule to this Act, is hereby approved and ratified. SCHEDULE.

SCHEDULE.

AGREEMENT VARYING THE COMMONWEALTH AND

STATE HOUSING AGREEMENT.

AN AGREEMENT made the Sixteenth day of April One thousand nine hundred and fifty-five BETWEEN THE COMMON­ WEALTH OF AUSTRALIA (in this Agreement called "the Com­ monwealth") of the first part THE STATE OF NEW SOUTH WALES of the second part THE STATE OF VICTORIA of the third part THE STATE OF QUEENSLAND of the fourth part THE STATE OF SOUTH AUSTRALIA of the fifth part and THE STATE OF WESTERN AUSTRALIA of the sixth part, and intended to be supplemental to the Agreement (in this Agreement called "the Principal Agreement") made on the nineteenth day of November, One thousand nine hundred and forty-five, between the Commonwealth and the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania and referred to as the Commonwealth and State Housing Agreement.

WHEREAS the Principal Agreement was authorized or

approved by the Parliaments of the Commonwealth and of the said
States:

AND WHEREAS in or about the month of August in the year One thousand nine hundred and fifty the State of Tasmania with­ drew from the rental housing scheme referred to in the Principal Agreement and is no longer regarded as a party to the Principal Agreement:

AND WHEREAS it is provided by clause 14 of the Principal Agreement that a dwelling erected under the Principal Agreement may be sold by a State subject to the conditions contained in that clause, and that thereupon the State shall pay to the Common­ wealth the full purchase price of the dwelling payable by the pur­ chaser and the Principal Agreement shall as from the date of sale

of a dwelling cease to apply to that dwelling: AND WHEREAS it has been agreed between the parties to this	Agreement that tenants of dwellings erected under the Principal
Agreement may be allowed to purchase the dwellings on the terms and conditions set out in this Agreement, and that the Principal Agreement be amended accordingly:

NOW IT IS HEREBY AGREED as follows :—

1.—(1) This Agreement is subject to approval by the Parliament of the Commonwealth.

(2.)

(2.) N o t w i t h s t a n d i n g tha t the S ta tes of New Sou th Wales,

Victoria , Queensland, South Aus t r a l i a and Weste rn Aus t ra l i a are

named as par t ies to this Agreement—

(a)	the Agreement shall, in the event of the Parliament of one or more of those Sta tes fa i l ing to author ize or approve the Agreement , operate as an agreement between the Common­ wealth and the S ta te or S ta tes which author ize or approve the Agreement as fully and effectually as if the S t a t e or S ta tes so au thor iz ing or approving the Agreement were the only S t a t e or S ta tes named as a par ty or par t ies to t he Agreement and the S t a t e or S ta tes fa i l ing to author ize or approve the Agreement were not named as a par ty or par t ies
to the A g r e e m e n t ; and
(b)	the Agreement shall as between the Commonwealth and any S ta t e come in to force upon being authorized or approved by the P a r l i a m e n t s of the Commonweal th and t h a t S ta te .

(3.) I n th is Agreement , and in clause 14 of the P r inc ipa l Agreement , as amended by this Agreement , each S t a t e which is named as a pa r ty to th i s Agreement and the P a r l i a m e n t of which shall authorize or approve th is Agreement is referred to as a " S t a t e " , and the expression " the S t a t e s " shall mean , where the context so permi ts or requires , all of those S ta tes so au thor iz ing or approving th i s Agreement .

2. T h e Commonweal th shall provide for or secure the execution by i t and i ts ins t rumenta l i t i e s of the obligat ions of the Common­

wealth a r i s ing p u r s u a n t to th is Agreement and each of the Sta tes shall provide for or secure t he execution by t h a t S t a t e and by its ins t rumenta l i t i es of the obligations of t ha t S t a t e a r i s ing pu r suan t

to th is	Agreement .
3. Clause 0 of the P r i n c i p a l Agreement is	amended—
(a)	by omitting from sub-clause (2.) the words "sub-clause (2.) of"; and
(b)	by omi t t i ng from sub-clause (3.) the word " E a c h " and inser t­ ing in its stead the words "Subjec t to clause 14 of th is Agreement , each".

4. Clause 14 of the P r inc ipa l Agreement is omit ted and the follow­ ing clause inser ted in i t s p l ace :—

"14.— (1.) A dwell ing may be sold by a S ta te at any t ime after
i ts completion to the t enan t of the dwell ing on such t e rms and

condit ions, not inconsis tent wi th this clause, as are prescribed

or fixed by t h a t S ta te .

" (2 . ) The purchase price of a dwell ing sold u n d e r th i s

clause shall be fixed by the S ta te .

" (3 . )

" (3 . ) A dwelling sold under th is clause, otherwise t h a n for

cash, to t he t e n a n t of the dwelling, not being an eligible person

wi th in the m e a n i n g of the War Service Homes Act 1918-1954

(which expression i n th is Agreement includes the wife of an eligible person who is temporar i ly or pe rmanen t ly insane) obtain­ ing an advance unde r t h a t Act , shall be sold subject to the

following te rms and cond i t ions :—

(a ) the m i n i m u m deposit shall be five per cen tum of the first

Two thousand pounds of the purchase money plus t en per cen tum of t he amoun t by which the purchase money exceeds Two thousand pounds ;

(b)	the total repayments of principal (included in the
annua l amor t iza t ion allowance ment ioned in sub­

pa rag raph (a) of pa rag raph 4 of t he F i r s t Schedule to th is Agreement ) paid by the purchaser as the t enan t or by a spouse of the t e n a n t as t e n a n t of t he dwell ing up to the da te of the sale, or such pa r t thereof as is de termined by the S ta te , may be credited to t he pur ­ chaser and may be regarded as pa r t of the deposit, but the purchaser shall pay in cash by way of deposit not

less t h a n five per cen tum of t he purchase p r i ce ;
(c)	the rate of interest to be charged to a purchaser in respect of any purchase money owing to a S t a t e shall be F o u r pounds ten shil l ings per cen tum per a n n u m or such other ra te as may be agreed from t i m e to t ime between the Treasure r of the Commonweal th and the
Treasure r of the S t a t e ;
(d)	the balance of purchase money remaining after pay­

men t of t he cash deposit and c red i t ing the purchaser wi th repayments of p r inc ipa l in accordance wi th para­ graph (b) of th i s sub-clause shall not exceed Two thousand seven hundred and fifty pounds and

(e) the period of repayment of the balance of purchase money shall not exceed forty-five years .

" (4 . ) I n respect of a dwelling which is sold for cash, a S t a t e shall pay t o t he Commonweal th for thwi th the capital cost of the dwell ing ascer ta ined in accordance with the F i r s t Schedule to th is Agreement , less the total repayments of pr in­ cipal ( inc luded in the annua l amor t iza t ion allowance men­ t ioned in sub-paragraph (a ) of pa rag raph 4 of t he F i r s t Schedule to th is Agreement ) in respect of t he dwelling up to the da te of sale, and the amoun t of the Sta te ' s indebtedness to t he Com­ monweal th unde r sub-clause (2.) of clause 6 of th is Agreement shall be reduced by the amoun t so paid to the Commonweal th .

" ( 5 . )

"(5.) Where the t enan t of a dwell ing is an eligible person wi th in t he m e a n i n g of t he War Service Homes Act 1918-1954

who desires to purchase the dwell ing from the Di rec tor of W a r Service Homes ( in this clause called ' ' the Di rec to r" ) in pursu­ ance of t h a t Act, or to obta in an advance unde r t h a t Act t o enable h im to purchase the dwelling, the S t a t e may, if requested so to do by the Director , sell the dwell ing to the Direc tor or to tha t eligible person, in which event no amoun t of money shall be payable to the S ta te by the Di rec tor or t he eligible person, as t he case may be, bu t the S t a t e shall t ransfer to the Direc tor or to the eligible person, as the case m a y be, an estate in fee simple in the land on which the dwell ing is erected, if t he dwell ing is erected on freehold land, or issue a Crown lease in perpe tu i ty to the Di rec to r or to the eligible person, as the case may be, if the dwelling is erected on Crown land, subject in e i ther case to the reservat ions, exceptions and condit ions (if any) conta ined in t he Crown g ran t or Crown lease, as t he case m a y be, and to such incumbrances , reservat ions, exceptions, covenants or condi t ions subject to which the sale is expressly made , and the amoun t of the S ta te ' s indebtedness to t he Com­ monweal th unde r sub-clause (2.) of clause 6 of th is Agreement shall as from the da te of sale be reduced by the amoun t of t he purchase price of the dwell ing less repayments of pr inc ipa l ( included in the annua l amor t iza t ion allowance ment ioned in sub-paragraph (a ) of pa rag raph 4 of t he F i r s t Schedule to th i s Agreemen t ) paid by the t enan t of the dwell ing u p to the da te of sale and credited to the purchaser .

" (6 . ) W h e r e a S t a t e sells a dwell ing unde r th is clause,

otherwise t h a n for cash, not be ing a dwell ing sold in accordance

with sub-clause (5.) of this clause—

(a)	the State will pay to the Commonwealth the cash deposit, received from the pu rchase r ;
(b)	the State will pay to the Commonwealth the capital cost of t he dwell ing ascer ta ined in accordance wi th the F i r s t Schedule to this Agreement , less—

(i) the total repayments of pr inc ipa l ( included i n

the annua l amort iza t ion al lowance ment ioned in

sub-paragraph (a) of pa rag raph 4 of the F i r s t Schedule to th i s Agreemen t ) i n respect of t he dwell ing up to the da te of sa le ; and

(ii) the cash deposit paid by the State to the Common­

wealth under t he last preceding pa rag raph ,

and in teres t thereon, computed from the da te of sale, by equal annua l ins ta lments of pr inc ipa l and in te res t over a period of forty-five years , or such less period as may be agreed between the Treasu re r of the Common­ wealth and the Treasure r of the S t a t e ; and

(c)

(c)

The amount of the State's indebtedness to the Com- monweal th unde r sub-clause (2.) of clause 6 of th is Agreement shall be reduced by the capi ta l cost of the dwelling ascer ta ined in accordance wi th the F i r s t Schedule to th is Agreement , less the total repayments of pr inc ipa l ( included in the annua l amor t iza t ion allow­ ance ment ioned in sub-paragraph (a) of pa rag raph (4) of the F i r s t Schedule to th is Agreement ) in respect of the dwell ing u p to the da te of sale.

" (7 . ) The r a t e of in te res t payable by the S t a t e to the

Commonweal th unde r the last preceding sub-clause in respect of a dwell ing sold shall be the ra te charged by the Commonweal th pu r suan t to clause 6 of th is Agreement in respect of advances at the da te on which the const ruct ion of t ha t dwelling was com­ pleted, or such other ra te as may be agreed between the Treasure r of t he Commonweal th and the Treasu re r of the S ta te , bu t the r a t e of in teres t payable in respect of a dwelling the cons t ruc t ion of which is or was completed on or before the 30th day of J u n e ,

1955, shall not exceed tha t charged as aforesaid on the 1st day

of J u l y , 1954.

" (8 . ) N o t h i n g in th is Agreement shall prevent t he pur ­

chase of a dwell ing by the t enan t and his spouse joint ly and in any such case the provisions of th i s clause shall be applied wi th such consequential a l tera t ions as may be necessary.

" (9 . ) As from the da te of sale, th is Agreement , other t h a n

th i s clause and clause 6 as affected by th i s clause, shall cease to
apply to a dwelling sold unde r th is clause.

"(10.) The 'da te of sale' shall mean the day next following the da te on which, unde r the relevant cont rac t of sale wi th the appropr ia te I n s t rumen ta l i t y of the S ta te , the purchaser ceases to be t e n a n t of the dwelling.

"(11.) T h e account ing a r rangement s unde r which pay­

ments due by a S t a t e to the Commonweal th unde r th i s clause shall be made shall be as agreed from t ime to t ime between the Treasure r of the Commonweal th and the Treasure r of tha t S ta t e . "

I N W I T N E S S whereof the par t ies to these presents have executed these presents the day and year first abovewri t ten.

S I G N E D S E A L E D A N D D E -

L I V E R E D by T h e E i g h t

Honourab le	R O B E R T
G O R D O N	M E N Z I E S

P r i m e Min i s te r of the R O B E R T G. M E N Z I E S (L.S.)

Commonweal th for and on behalf of the Commonweal th in the presence of—

RONALD MENDELSOHN

S I G N E D

SIGNED SEALED AND DE­ LIVERED by The Honour­ able J O H N J O S E P H CAHILL Premier of the J. J . CAHILL (L.S.)

State of New South Wales for and on behalf of that State in the presence of—

J. GOODSELL

SIGNED SEALED AND DE­ LIVERED by The Honour­ able J O H N CAIN Premier of the State of Victoria for J O H N CAIN (L .S )

and on behalf of that State

in the presence of—

T. FORRESTAL

SIGNED SEALED AND DE­

LIVERED by The Honour­

able VINCENT CLAIR

GAIR Premier of the State

V. C. GAIR ( L . S . )

of Queensland for and on behalf of that State in the presence of—

C. J . MCPHERSON

SIGNED SEALED AND DE­

LIVERED by The Honour­

able THOMAS PLAY-

FORD Premier and Trea­

surer of the State of South	T.	PLAYFORD	(L.S.)
Australia for and on behalf of that State in the presence of—

W. C. LANGCAKE

SIGNED SEALED AND DE­ LIVERED by The Honour­ able ALBERT REDVERS

GEORGE	HAWKE	Pre­
mier of the State of West­	A. R. G. HAWKE	(L.S.)
ern Australia for and on behalf of that State in the presence of—

R. H. DOIG

HOUSING