Commonwealth and State Housing Agreement Act of 1961 (10 Eliz ll No. 36) (Qld)

133 ..,., . , ,_, ffi'4":'~~~~--~ j~ DROl'f• ANNO DEOIMO ELIZABETHAE SECUNDAE REGINAE ••••••••••••••••••••••••••••••••••••••••••••••••••• No. 36. An Act to Authorise the Execution by or on behalf of the State of Queensland of a Further Agreement between the Commonwealth of Australia and the Several States of the Commonwealth in relation to Housing, and for other purposes. [ASSENTED TO 11TH DECEMBER, 1961.] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Commonwealth Short title awl State Housing Agreement Act of 1961." 2. In this Act unless the contrary intention Inwr- appears- pretation " Approved institutfon ~, means a building society ~p~rov!ld referred to in the 1956 Agreement or the mstitution 1961 Agreement, an institution referred to in subclause (3) of clause 16 of the 1956 Agreement or an institution referred to in subclause (3A) of clause 16 of the 1961 Agreement;

134 Cornrnonwealth and State H01tsing, Etc., Act 10 ELIZ. II. No. 36, 1945 Agreement 1956 Agreement 1061 Agreement " 1945 Agreement " means the agreement called in " The Commonwealth and State Housing Agreement Act of 1956," " the 1945 Agreement " ; "1956 Agreement" means the agreement between the Commonwealth and the States of the Commonwealth the execution whereof for and on behalf of the State of Queensland was authorised by" The Commonwealth and State Housing Agreement Act of 1956" ; " 1961 Agreement" means the 1956 Agreement as amended by the agreement between the Commonwealth and the States of the Commonwealth the execution whereof for and on behalf of the State of Queensland is authorised by this Act. aEgxreeceumtieonnt of Quee 3 n . slTanhde oefxaencuatgiorenemfoernot rbeotnwebeenhtahlfe oCfomthme oSntwateealothf and the States in relation to housing in accordance with the form contained in the Schedule to this Act, is and it is hereby declared always was, authorised. Agreement to have 4. The agreement in accordance with the form of force of law agreement set out in the Schedule to this Act when executed for and on behalf of the State of Queensland and the Commonwealth of Australia shall have the force of law as though the agreement was an enactment of this Act. Authority of 5. The Treasurer of Queensland is, and it is hereby mTraekeaslouarnesrtodec1ared always was, authOr·ISed t O make f rom t h e from Home Home Builders' Account referred to in clause 16 of the ~ ~!~ ~; f 1956 Agreement or of the 1961 Agreement loans to approved institutions as provided by those agreements and that account is hereby appropriated accordingly. Bui!di~g 6. Notwithstanding anything contained in any i~ieties, Act whereunder any approved institution is aut4orised to constituted, incorporated or registered or in the f!::~ve constitution and rules thereof, the approved institution is, and it is hereby declared always was, authorised to accept from the Treasurer any loan from the Home Builders' Account pursuant to clause 16 of the 1956 Agreement or of the 1961 Agreement, and the borrowing powers of the institution are extended accordingly.

1961 Cornmonwealth and State Housing, Etc., Act 135 7. Where the Treasurer makes or has made, whether Loan from A~~o::: before or after the commencement of this Act, a loan to : 0 f; , an approved institution from the Home Builders' Account Pursuant to clause 16 of the 1956 Agreement or of the pchroarpgeerdt y oannd 1961 Agreement, the Treasurer has in respect of all assets of capital and interest moneys payable by the institution borrower in respect of the loan a first charge upon the property and assets of the institution in priority to all other charges thereover or encumbrances thereon, whether they arose or were created before, or arise or are created after the commencement of this Act save a prior charge created by this section or section eight of " The Commonwealth and State Housing Agreement Act of 1956." ~:!;::~t~; 8. With respect to contracts of sale under " The ~ate of. State Housing Acts, 1945 to 1961," entered into after the sixth day of October, one thousand nine hundred and sale ~f si.xt y-one, b y the Q ueens 1 and H ous1.ng Comm1. ss1.0n w1' th dcewretlaliinngs purchasers of dwellings erected under the 1945 Agreement and completed on or before the thirtieth day of June, one thousand nine hundred and fifty-six,- (a) section thirty-three of " The State Housing Acts, 1945 to 1961," shall apply with respect to the rate per centum per annum of the interest payable ; (b) notwithstanding that the purchaser is the tenant, paragraphs (a) of subsection ( 1) and subsection (2) of section five of " The Commonwealth and State Housing Agreement Act of 1956 " shall not apply. 9. Notwithstanding the provisions of subsection Deposit in (3) of section twenty-four of " The State Housing Aots, resye~t of 1945 to 1961," the deposit to be paid in respect of the ;~rr:~~ers sale (otherwise than for cash) after the sixth day of October, one thousand nine hundred and sixty-one, by the Housing Commission of any dwelling erected under the 1945 Agreement and completed on or before the thirtieth day of June, one thousand nine hundred and fifty-six, shall be not less than five per centum of t,he

136 Commonwealth ancl State Housing, Etc., Act 10 ELIZ. II. No. 36, first two thousand pounds of the purchase money plus ten per centt1m of the amount by which the purchase money exceeds two thousand pounds : Provided that, where the purchaser is the tenant, the total repayments of principal (included in the annual amortisation allowance mentioned in subparagraph (a) of paragraph 4 of the First Schedule to the 1945 Agreement) paid by the purchaser as the tenant or by a spouse of the tenant as tenant of the dwelling up to the date of the sale, or such part thereof as is determined by the Queensland Housing Commission with the approval of the Minister for the time being administering " The State Housing Acts, 1945 to 1961," may be credited to the purchaser and may be regarded as part of the deposit, but the purchaser shall pay in cash by way of deposit not less than five per centum of the purchase price. THE SCHEDULE Section 3 AN AGREEMENT made the One thousand nine hundred and sixty- day of BETWEEN THE COMMONWEALTH OF AUSTRALIA (in this agreement called "the Commonwealth "), THE S•rATE OF NEW SOUTH WALES, THE STATE OF VICTORIA, THE STATE OF QUEENSLAND, THE STATE OF SOUTH AUSTRALIA, THE STATE OF ·WESTERN AUSTRALIA and THE STATE OF TASMANIA and intended to be supplemental to the agreement referred to in this agreement as the 1945 Agreement and to the agreement referred to in this agreement as the 1956 Agreement. WHEREAS- (a) by an agreement made the nineteenth day of November, 1945, between the Commonwealth and the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania and authorised or approved by the Parliaments of the Commonwealth and of the States provision was made for the carrying out by the States with the assistance of the Commonwealth of rental housing projects ; (b) that agreement, as varied in pursuance of its terms by agreements dated respectively, the twenty-sixth day of November, 1948, the thirtieth day of December, 1949, the twenty-fourth day of November, 1952, and the fifth day

1961 Commonwe.alth and State Houi;ing, Etc., Act 137 of March, 1954, entered into between the Treasurer of the Commonwealth and the Treasurers of certain States, as amended between the Commonwealth and the States then parties thereto by an agreement made the sixteenth day of April, 1955, and authorised or approved by the Parliament of the Commonwealth and those States and as extended by the agreement referred to in this agreement as the 1956 Agreement, (which agreement as so varied, amended and extended is in this agreement called " the 1945 Agreement ") applies with respect to moneys advanced and dwellings erected thereunder to or by the States other than the State of Tasmania which is no longer regarded as a party thereto ; (c) by an agreement (in this agreement called "the 1956 Agreement") dated the thirteenth day of February, 1957, between the Commonwealth and the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania and authorised or approved by the Parliaments of the Commonwealth and of the States provision was made for the grant by the Commonwealth of financial assistance to the States for housing upon the terms and conditions set out in that agreement ; (d) the Commonwealth has proposed to the States that the Commonwealth will grant further financial assistance to the States upon the terms and conditions set out in the 1956 Agreement amended in the manner set out in this agreement; (e) the Commonwealth and the States have agreed that the 1945 Agreement should be amended as provided in this agreement to provide for the sale of dwellings to which the 1945 Agreement applies; and (f) the Parliament of the Commonwealth has authorised the execution by or on behalf of the Commonwealth of this agreement: Now IT IS HEREBY AGREED as follows : - 1. (1) This agreement shall come into force in respect of a State Operation of upon its execution by or on behalf of the Commonwealth and- agreement (a) if the execution by or on behalf of the State is authorised by the Parliament of the State-its execution by and on behalf of the State ; or (b) if it is executed by or on behalf of the State without the authority of the Parliament of the State-its approval by the Parliament of the State. (2) Notwithstanding that all of the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania are named as parties to this agreement, this agreement shall operate as an agreement between the Commonwealth and a State or the States in respect of which it has come into force as fully and effectually as if the State or States were the only State or States named as parties to the agreement.

138 Commonwealth and State Housing, Etc., Act 10 ELrz. II. No. 36, (3) Where in the 1945 Agreement or in the 1956 Agreement the word " State " or the expression " the States " means a State or the States in respect of which the 1945 Agreement or the 1956 Agreement, as the case may be, is in force, that word and that expression shall, for the purposes of the operation of the 1945 Agreement or the 1956 Agreement, as the case may be, as amended by this agreement, mean respectively a State or the States in respect of which this agreement has come into force. Amendments 2. (1) Clause 5 of the 1956 Agreement is amended by inserting of 1956 in subclause (1), after the word" respectively,", the words and figures Agreement "and during the financial years commencing on the first day of July in the years 1961, 1962, 1963, 1964 and 1965, respectively,". (2) Clause 6 of the 1956 Agreement is amended by adding at the end thereof the following subclause :- " (4) During each of the financial years commencing on the first day of July in the years 1961, 1962, 1963, 1964 and 1965, respectively, each State shall allocate for the provision of finance for home builders not less than thirty per centum of the total advances made to the State under clause 5 of this agreement in that financial year." (3) In respect of the financial years commencing on the first day of July in the years 1961, 1962, 1963, 1964 and 1965 the following clause shall be substituted for and shall apply in lieu of clause 7 of the 1956 Agreement:- " 7. (1) Of the advances made to a State in a financial-year which pursuant to clause 6 of this agreement are to be used for the erection of dwellings by the State, the State shall set aside for the purposes of clause 13 of this agreement such portion not exceeding five per centum as may be specified by the Minister from time to time or such portion greater than five per centum as may be agreed from time to time between the Minister and the appropriate Minister of the State. (2) During each of the financial years referred to in clause 5 of this agreement, the Commonwealth shall, in addition to the advances made under clause 5 of this agreement, advance to the State for the purposes of clause 13 of this agreement an amount equal to the amount set aside in that financial year by the State under the last preceding subclause and such additional amounts as may be agreed from time to time between the Minister and the appropriate Minister of the State." (4) Clause 9 of the 1956 Agreement is amended- (a) By omitting from subclause (1) the words "subclauses (2), (3) and (4) of" ; (b) By inserting after subclause (3) the following subclause :- " (3A) In respect of advances made during the financial years commencing on the first day of July in the years 1961, 1962, 1963, 1964 and 1965, respectively, the rate per annum shall be the long term bond rate less one per centum per annum."; and

1961 Commonwealth and State Ho11,s,ing, Etc., Act (c) By inserting after subclause (4) the following subclause :- " (4A) For the purposes of subclause (3A) of this clause the long term bond rate shall be the interest rate per annum payable in respect of the Commonwealth securities having a currency of not less than five years being offered in Australia for public subscription at the date the advance is made or, if none is being offered at that date, the interest rate per annum payable in respect of Commonwealth securities having such a currency and last so offered prior to that date, and where the securities are or were being offered simultaneously for various currencies, each of not less than five years, the long term bond rate shall be the interest rate per annum payable in respect of those securities having the longest currency." (5) Clause 11 of the 1956 Agreement is amended- (a) By inserting in subclause (2), after the words "Minister of the State", the words "or except in such areas as the Minister and the appropriate Minister of the State agree constitute inner metropolitan areas " ; and (b) By inserting in subparagraph (i) of paragraph (b) of subclause (3), after the word "kerbing ", the word", developing". (6) On and from such date after the thirtieth day of June, 1961, as is determined by the Minister of State for the Commonwealth who is the Minister for the purposes of the 1956 Agreement, the following subclauses shall, with respect to moneys available on and after that date in the Home Builders' Account established under clause 16 of the 1956 Agreement by a State in respect of which this Agreement comes into force, be, and be deemed to have been, substituted for subclauses (3) and (4) of that clause : - " (3) All moneys at any time available in the Home Builders' Account (after allowing for amounts with which the account is to be debited under the last preceding subclause) shall, except as provided in the next succeeding subclause, be used by the State for the provision offinance for home builders in that State by means ofloans by the State to building societies subject to and in accordance with terms and conditions to be agreed from time to time between the Minister and the appropriate Minister of the State. (3A) If in any financial year the Minister, at the request of the appropriate Minister of the State, approves the allocation of a portion of the moneys available in the Home Builders' Account to an institution approved by the Minister, not being a building society, the State may in that financial year use that portion for the provision of finance for home builders in that State by loans to the approved institution subject to and in accordance with terms and conditions to be agreed between the Minister and the appropriate Minister of the State, 139

140 Commonwealth and State Housing, Etc., .1ct 10 ELrz. II. No. 36, (3B) When deciding whether to give his approval under the last preceding subclause, the Minister shall pay due regard to- (a) the promotion of the maximum development of building societies in the State ; (b) the extent to which building societies in the State are able to use the moneys available in the Home Builders' Account, for the purposes of this agreement; (c) the amounts which building societies in the State have raised and are able to raise from private sources ; and (d) any other matters considered relevant by the Minister. (4) A State shall not use moneys from the Home Buildera' Account except subject to and in accordance with such applica,ble terms and conditions as are agreed under this clause." Advances 3. Where, before this agreement has come into force in respect of a cmoamd~mgbm~ ftoore State, the Commonwealth has, in pursuance of section five of the force of HousingAgreementAct1961, made an advance to the State, the agreement advance shall be deemed to have been made under the 1956 Agreement as amended by this agreement, and the 1956 Agreement as so amended shall apply, and shall be deemed at all times to have applied, to and with respect to the advance. Sale of dwellings wider 1945 Agreement 4. (1) As between the Commonwealth and a State in respect of which this agreement comes into force, other than the State of Tasmania, clause 14 of the 1945 Agreement, being the clause inserted therein by clause 4 of the said agreement dated the sixteenth day of April, 1955, shall, except as provided in the next succeeding subclause, cease to apply to the sale by the State of dwellings to which the 1945 Agreement applies and the following clause shall be substituted for and shall apply in lieu of that clause:- " 14. (1) Each State may, ifit so desires and at such price and on such terms as it thinks fit, sell any dwellings, but sales pursuant to this subclause shall not affect the obligation of the State under clause 6 of this agreement to repay and to pay interest on advances made under this agreement. (2) Where a person to whom a dwelling could be sold is an eligible person who desires to purchase the dwelling from the Director in pursuance of the WarServiceHomesAct1918-1956 as amended from time to time, or to obtain an advance under that Act to enable him to purchase the dwelling, the State may, if requested so to do by the Director, sell the dwelling to the Director or that eligible person, in which event no amount of money shall be payable to the State by the Director or the eligible person, as the case may be, but the State shall transfer to the Director or to the eligible person, as the

1961 Commonwealtli and State Housing, Etc., Act case may be, an estate in fee-simple in the land on which the dwelling is erected, if the dwelling is erected on freehold land, or issue a Crown lease in perpetuity to the Director or to the eligible person, as the case may be, if the dwelling is erected on Crown land, subject in either case to the reservations, exceptions and conditions (if any) contained in the Crown Grant or Crown lease, as the case may be, and to such encumbrances, reservations, exceptions, covenants or conditions subject to which the sale is expressly made, and the amount of the State's indebtedness to the Commonwealth under subclause (2) of clause 6 of this agreement shall as from the date of sale be reduced by the amount of the purchase price of the dwelling less the amount, if any, credited to the purchaser." (2) The provisions of this clause shall not affect the operation of clause 14 of the 1945 Agreement in relation to sales of dwellings to which that agreement applies made by the State before the coming into force of this agreement in respect of the State. IN WITNESS WHEREOF, &c. 141