Commonwealth and State Housing Agreement Act 1974 (Qld)

897 ^1tEE211i^ ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 81 of 1974 An Act to authorize the execution for and on behalf of the State of a supplemental agreement between the Commonwealth and the several States of the Commonwealth in relation to housing [ASSENTED TO 1ST NOVEMBER, 19741 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 s me, as follows:- 1. Short title. This Act may be cited as the Commonwealth and State Housing Agreement Act 1974.

898 Commonwealth and State Housing Agreement Act 1974, No. 81 2. Execution of agreement . The execution for and on behalf of the State of a supplemental agreement between the Commonwealth and the several States in relation to housing substantially in accordance with the form contained in the schedule is authorized and if the agreement is executed before the passing of this Act such execution is ratified and confirmed. 3. Agreement to have the force of law . The supplemental agreement substantially in accordance with the form set out in the schedule when executed for and on behalf of the State and the Commonwealth shall have the force of law as if that agreement were an enactment of this Act. THE SCHEDULE A SUPPLEMENTAL AGREEMENT made the day of One thousand nine hundred and seventy- between THE COMMONWEALTH OF AUSTRALIA 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, THE STATE OF WESTERN AUSTRALIA of the ixth part and THE STATE OF TASMANIA cf the seventh part. WHEREAS- (a) by an agreement between the parties in the form set out in the Schedule to the Housing Agreement Act1973 made the seventeenth day of October, 1973 (in this agreement called " the Principal Agreement ") provision was made in relation to housing for the welfare of persons who are in need of governmental assistance if their housing requirements are to be met (b) it has been agreed between the parties that it is desirable that the Principal Agreement be varied in certain respects; (c) the Australian Parliament has authorized the execution by and on behalf of the Commonwealth of Australia of this agreement and the provision of financial assistance to the States in accordance with the Principal Agreement as varied by this agreement: Now it is hereby agreed as follows:- PART I-PRELIMINARY 1. Commencement of Agreement . This agreement shall come into force in respect of the Commonwealth and of a State when it has been signed on behalf of the Commonwealth and has been signed on behalf of the State with the authority of the Parliament of the State, or, having been signed on behalf of the State without that authority, is approved by the Parliament of the State.

Commonwealth and State Housing Agreement Act 1974 , No. 81 899 2. Operation in respect of States . Notwithstanding that in this agreement all the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania are named as parties, this agreement shall operate as an agreement between the Commonwealth and the State or States in respect of which it comes into force as fully and effectually as if the State or States in respect of which it comes into force were the only State or States named as parties. 3. Interpretation . Words and expressions used in this agreement to which a meaning is attributed in or for the purposes of the Principal Agreement shall, unless the contrary intention appears or the context otherwise requires, have in respect of their use in this agreement the respective meanings so attributed to them. PART 11-AMENDMENT OF PRINCIPAL AGREEMENT 4. Allocation of assistance . Subclause (3) of clause 9 of the Principal Agreement is amended so that it provides as follows:- (3) Where- (a) a State has in each of the two financial years immediately preceding the first day of July 1973 allocated to its Home Builders' Account from the amount set aside for housing within the meaning of subsection (2) of section 3 of the States Grants (Housing) Act1971 in excess of 30 per centum of that amount; or (b) special circumstances in relation to a State warrant the allocation to its Home Builders' Account of more than 30 per centum of the total amount of the advances to be made by the Commonwealth to the State under this Agreement in respect of a financial year, the State may, if at the request of the State Minister the Minister so approves, allocate as Home Builders' Account advances in respect of a financial year of this Agreement more than 30 per centum of the total amount of the advances under this Agreement in respect of the financial year.". 5. Amount of advances . Clause 10 of the Principal Agreement is amended by the addition of the following subclause:- " (3) At any time during a financial year after further consultation with the State Minister and having regard to the matters mentioned in subclause (2) the Minister may determine an additional amount or additional amounts to be advanced to a State in respect of the financial year.".

900 Commonwealth and State Housing Agreement Act 1974, No. 81 6. Eligibility of borrowers . (1) Subclause 24 (1) is amended by deleting the word " inclusive " and inserting in its place the word " exclusive ". (2) This amendment shall be deemed to have come into effect on the first day of November 1974. 7. Confirmation and name. The Principal Agreement as amended j by this agreement is confirmed and shall be known and referred to as " the 1973-1974 Housing Agreement ". IN WITNESS WHEREOF, &C.