Housing Agreement Act 1974 (NSW)

HOUSING AGREEMENT ACT.

ANNO VICESIMO TERTIO

E L I Z A B E T H E II REGINE

Act No. 90, 1974.

An Act to authorise the execution by or on behalf of the State of New South Wales of an agreement for the variation of a certain agreement between the Common­ wealth and the States in relation to housing; and for purposes connected therewith. [Assented to, 10th December, 1974.] B E

BE it enacted by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative	Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the "Housing Agreement Act,

1974".

1. The execution, by o r on behalf of the State of New

South Wales, of an agreement substantially in accordance with the form contained in the Schedule is hereby authorised.

SCHEDULE

A S U P P L E M E N T A L A G R E E M E N T made the

day of One thousand nine hundred and

seventy- between T H E C O M M O N W E A L T H OF AUSTRALIA

of the first part, T H E STATE OF N E W S O U T H W A L E S of the second part.

T H E STATE OF VICTORIA of the third part, T H E STATE OF Q U E E N S L A N D
of the fourth part, T H E STATE OF SOUTH AUSTRALIA of the fifth part.
T H E STATE OF W E S T E R N AUSTRALIA of the sixth part and T H E STATE

OF TASMANIA of the seventh part.

W H E R E A S —

(a) by an agreement between the parties in the form set out in

the Schedule to the Housing Agreement Act 1973 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:

N o w	IT IS H E R E B Y	AGREED as follows:
PART I—PRELIMINARY

1. This agreement shall come into force in respect of the Common­
wealth 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

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.

2. 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 . Words and expressions used in this agreement to which a mean­ ing 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.

P A R T I I — A M E N D M E N T OF PRINCIPAL A G R E E M E N T

4. Sub-clause (3 ) of Clause 9 of the Principal Agreement is amended so that it provides as follows:

" (3 ) Where—

fa) 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 sub-section (2 ) of section 3 of the States Grants (Housing) Act 1971, 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. Clause 10 of the Principal Agreement is amended by the addition of the following sub-clause;

" (3 ) At any time during a financial year after further consul­ tation with the State Minister and having regard to the matters mentioned in sub-clause (2 ) the Minister may determine an additional amount or additional amounts to be advanced to a State in respect of the financial year."

6. ( 1 ) Sub-clause (1 ) of Clause 24 of the Principal Agreement 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. The Principal Agreement as amended by this agreement is confirmed and shall be known and referred to as "the 1973-1974 Housing Agreement".

IN W I T N E S S W H E R E O F , &C.

BUILDERS