Commonwealth and State Housing Agreement Act of 1966 (Qld)

12 AN^NO QU 1 NT O DECIMO $'_,L ,AiETBAE JCU1!D _iE >o-o-++a-^•}-^^q-+-r-rq-^--r-o-.s-^r+-a-^:.-^s^a-r-^-^c-<s-Esc:-r r No. 4 of 1%156- An Act to Authorize the Executio n fo a n d on behalf o F k. the Mate of Queensgand of a F u rther A0grecweu. t between the CornrncnweMth of Au tra a arid the Sever a l States of the Commonwea:tx> in ret;:tti^„ tc Ho:isin g , and for other purposes [ASSENTED TO 10TH OCTonen, 19661 BE IT ENACTED by the Queen's Most Excellent Majesty, by and wit's. the advic and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short titi e This Act may be cited as " The Commonwealth and Siate Housin g h`g rcct:: t'ii Pict of 1966." 2. In±erpzcta a;; ^, In this Act unless the contrary intention appears "Appro' ,' ed titution 99 means a building society referred to in the 195$ Agreement or the 1961 Agreement or the 1966 Afire °:ac^a, an institu t ion reiPerred to in. subciause (3) o f clause 16 of the 1956 Agreement. an institution referred to in subci,.e,;ses (3) or (3A ) of clause 16 of the 1961 Agreement, or an institution referred to in subciauses ( 3), (3AA ) or (3A) of clause 16 of the 1966 Agreement;

Commonwealth and Slate Housing Agreemen t Act of 1966, No. 4 13 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 Common- wealth and the States of the Commonwealth the execution whereof for and on behalf of the State of Queensland was authorized 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 was authorized by " The Commonwealth and State Housing Agreement Aei of 1961 "; 1966 Agreement " means the 1961 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 authorized by this Act. 3. Execution of agreement . The execution for and on behalf of the © State of Queensland of an agreement between the Commonwealth and the States in relation to housing in accordance with the form contained in the Scheduie to this Act, is and it is hereby declared always was, authorized. 4. Agreement to have force of law . The agreement in accordance with the foun of agreement set out in the Schedule to this Ac when executed for and on behalf of the State of Queensland and the Common- wealth of Australia shall have the force of law as though the agreement was an enactment of this Act. 5. Authority of Treasurer to make loans from Home Builders' Account. The Treasurer of Queensland is, and it is hereby declared always was. authorized to make from the Home Builders' Account referred to in clause 16 of the 1956 Agreement or of the 1961 Agreement or of the 1966 Agreement loans to approved institutions as provided by those agreements and that account is hereby appropriated accordingly. 6. Building Societies , & c., authorized to receive loans . Notwith- standii,g anything contained in any Act whereunder any approved institution is constituted, incorporated or registered or in the constitution and rules thereof, the approved institution is, and it is hereby declared always was, authorized to accept from the Treasurer any to n from the Home Builders' Account pursuant to clause 16 of the 1956 Agreement or of the 1961 Agreement or of the 1966 Agreement, and the borrowing powers of the institution are extended accordingly. 7. Loan from Home B uilders ' Account charged on property and assets of borrower . Where the Treasurer makes or has made, whether before or after the commencement of this Act, a loan to an approved institution from the Home Builders' Account pursuant to clause 16 of the 1956 Agreement or of the 1961 Agreement or of the 1966 Agreement, the Treasurer has in respect of all capital and interest moneys payable by the institution 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

14 Commonwealth and State Housing Agreement Act of 1966, No. 4 charge created by this section or section eight of " The Commonwealth and State Housing Agreement Act of 1956," or section seven of " The Commonwealth and State Housing Agreement Act of 1961." 8. Deposit on sale. Notwithstanding the provisions of subsection (3) of section twenty-four of " The State Housing Acts, 1945 to 1965," where the purchase price of any dwelling sold by the Queensland Housing Commission, pursuant to clause '15 of the 1956 Agreement or of the 1961 Agreement or of the 1966 Agreement exceeds or exceeded five thousand dollars or, in the currency provided for by the Coinage Act1909-1947 of the Commonwealth two thousand five hundred pounds, the deposit to be paid in respect of that sale shall be, and it is hereby declared always was to be, not less than- (i) five hundred dollars or, in the currency provided for by the Coinage Act1909-1947 of the Commonwealth, two hundred and fifty pounds; or (ii) if the Governor in Council (who is hereby authorized to do so from time to time) shall by Order in Council determine that such deposit shall be some other amount, the amount for the time being so determined. THE SCHEDULE [Section 3j AN AGREEMENT made the day of One thousand nine hundred and sixty- BETWEEN THE COMMONWEALTH OF AUSTRALIA (in this agreement called " the Commonwealth ") of the one 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 sixth part and THE STATE OF TASMANIA of the seventh part and intended to be supplemental to the agreement referred to in this agreement as the 1956-1961 Agreement. WHEREAS- (a) 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 authorized 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; (b) by an agreement (in this agreement called " the 1961 Agreement ") dated the fourth day of October, 1961, and supplemental to the 1956 Agreement, the 1956 Agreement was amended and provision was made for the grant by the Commonwealth to the States of further financial assistance for housing upon the terms and conditions of the 1956 Agreement as so amended; (c) the Commonwealth has proposed to the States that the 1956 Agreement as so amended (in this agreement called " the 1956-1961 Agreement ") be further amended and that the

Commonwealth and State Housing Agreement Act of 1966, No. 4 15 Commonwealth will grant further financial assistance to the States upon the termssand conditions set out in the 1956-1961 Agreement as so amended; and (d) the Parliament of the Commonwealth has authorized the execution by or on behalf of. the Commonwealth of this agreement: Now IT IS HEREBY AGREED as follows:- 1. Operation of agreement . (1) This agreement shall come into force in respect of the Commonwealth and a State upon its execution by or on behalf of the Commonwealth and- (a) if the execution by or on behalf of the State is authorized by the Parliament of the State-its execution by or 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 that State or those States were the only State or States named as parties to the agreement. (3) Where in the 1956-1961 Agreement the word " State " or the expression " the States " means a State or the States in respect of which that agreement is in force, that word and that expression shall, for the purposes of the operation of the 1956-1961 Agreement as amended by this agreement, mean respectively a State or the States in respect of which this agreement has come into force. 2. Interpretation . Subclause (1) of clause 3 of the 1956-1961 Agreement is amended as follows:- (a) by omitting from paragraph (i) of the definition of " member of the Forces " the word " or " (last occurring); and (b) by inserting immediately after paragraph (i) of that definition the following paragraph:- " (ia) is a member of the Forces for the purposes of the Repatriation(Special Overseas Service) Act1962-1965, as amended from time to time; or ". 3. Advances to States . Clause 5 of the 1956-1961 Agreement is amended by inserting in subclause (1), immediately after the word " respectively " that was inserted by the 1961 Agreement, the words and figures- and during the financial years commencing on the first day of July in the years 1966, 1967, 1968, 1969 and 1970, respectively,". 4. Allocation of advances . Clause 6 of the 1956-1961 Agreement is amended by adding at the end thereof the following subclause:- " (5) During each of the financial years commencing on the first day of July in the years 1966, 1967, 1968, 1969 and 1970, 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 ".

16 Commonwealth and State Housing Agreement Act of 1966, No. 4 5. Funds for Service Dwellings. Clause 7 of the 1956-1961 Agreement as set out in subclause (3) of clause 2 of the 1961 Agreement shall, in respect of the financial years commencing on the first day of July in the years 1966, 1967, 1968, 1969 and 1970, be substituted for and shall apply in lieu of clause 7 of the 1956 Agreement. 6. Interest . Clause 9 of the 1956-1961 Agreement is amended by inserting in subclause (3A), immediately after the word " respectively ", the words and figures- and during the financial years commencing on the first day of July in the years 1966, 1967, 1968, 1969 and 1970, respectively,". 7. Erection of dwellings . Clause 11 of the 1956-1961 Agreement is amended by omitting therefrom subclause (2). 8. Dwellings for serving members i f the Forces . Clause 13 of the 1956-1961 Agreement is amended by omitting subclause (2) and inserting in its place the following subclause:- " (2) Dwellings that are to be erected by the State pursuant to this clause and are commenced after the thirtieth day of June, 1966, may, .at the request of the Minister and with the concurrence of the appropriate Minister of the State, be of a size and standard that accord with, but do not exceed, the scales and standards for the time being set out in the Services' Scales and Standards of Accommodation for the time being issued under the authority of the Department of Defence of the Commonwealth.". 9. Home Builders' Account . Clause 16 of the 1956-1961 Agreement is amended as follows:- (a) by omitting from subclause (3) the words " the next succeeding subclause " and inserting in their place the words " the succeeding provisions of this clause "; (b) by inserting after subclause (3) the following subclause :- " (3AA) Portion of the moneys available in the Home Builders' Account may, if the Minister at the request of the appropriate Minister of the State so approves, be allocated by the State for loans to a Government lending institution of the State approved by the Minister, for the provision by the institution of finance to home builders in rural areas of the State and the State may use that portion for the provision of finance for home builders in those areas by loans to the approved institution subject to and in accordance with such terms and conditions as are from time to time agreed between the Minister and the appropriate Minister of the State."; (c) by inserting in subclause (3A) immediately after the word " allocation " (first occurring) the words " other than an allocation to which subclause (3AA) applies "; (d) by omitting from subclause (3B) the words " under the last preceding subclause ", and inserting in their place the words " for the purposes of either of the last two preceding subclauses "; (e) by omitting from paragraph (c) of subclause (3B) the word " and " (second occurring); and

Commonwealth and State Housing Agreement Act of 1966, No. 4 17 (f) by inserting in subclause (3s) immediately after paragraph (c) the following paragraph:- (ca) the needs of home builders in rural areas of the State in which there are no building societies operating and in which it would be difficult to form a building society and administer it efficiently; and " 10. Advances made before coming into force of Agreement. Where, before this agreement has come into force in respect of a State, the Commonwealth has, in pursuance of section five of the Housing AgreementAct1966, made an advance to the State, the advance shall be deemed to have been made under the 1956-1961 Agreement as amended by this agreement and the 1956-1961 Agreement- as so amended shall apply, and shall be deemed at all times to have applied, to and with respect to the advance. 11. Reference to amended Agreement . The 1956-1961 Agreement as amended by this agreement shall be known as " the 1956-1966 Housing Agreement ". IN WITNESS WHEREOF, &C.