Housing Agreement Act 1978 (NSW)
H O U S I N G A G R E E M E N T A C T , 1978 , N o . 149 ANNO VICESIMO SEPTIMO
ELIZABETHE II REGINE
Act N o . 149 , 1 9 7 8 .
An Act to authorise the execution by or on behalf of the State of New South Wales of an agreement between the Common wealth and the States in relation to housing, and of agreements varying that agreement. [Assented to, 29th December, 1978.]
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,
1978".
The execution, by or on behalf of the State of New South Wales, of an agreement substantially in accordance with the form contained in Schedule 1 (including any agreement to be entered into, from time to time, in accordance with the provisions of that firstmentioned agreement that relate to the variation of that agreement) is authorised.
2 .
Where an agreement (in this section referred to as "the variation agreement") is entered into in accordance with the pro visions of an agreement (in this section referred to as "the principal agreement") between the Commonwealth and the State of New South Wales that relate to the variation of the principal agreement, the Minister shall cause a copy of the variation agreement to be laid before each House of Parliament within 15 sitting days of that House after the entering into of the variation agreement.
3 .
S C H E D U L E 1.
A N 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 O F A U S T R A L I A (in this Agreement called " the C o m m o n w e a l t h " ) of the first part ,
T H E S T A T E O F N E W S O U T H W A L E S of the second part ,
T H E S T A T E O F V I C T O R I A of the third part ,
T H E S T A T E O F Q U E E N S L A N D of the fourth part,
T H E S T A T E O F S O U T H A U S T R A L I A of the fifth part,
T H E S T A T E O F W E S T E R N A U S T R A L I A of the sixth part, and T H E S T A T E O F T A S M A N I A of the seventh part . W H E R E A S —
( A ) the Commonwea l th and the States of Austral ia have from t ime to t ime entered into agreements for the purpose of the provision by the States with financial assistance from the C o m m o n w e a l t h of housing for persons who a re in need of governmental assistance if their housing requirements are to be met ;
( B ) the Ministers of the respective governments who are responsible for housing have agreed upon the provision of rental housing assistance and h o m e purchase assistance in the States dur ing the three financial years commencing on the first day of July 1978;
( C ) the Ministers have also established principles that are to apply t o the provision of housing assistance under this Agreement , name ly—
( a ) housing assistance wil l— (i) facilitate home ownership for those able to afford it but not able to gain it th rough the private marke t ;
(ii) provide adequate rental housing-for those of the
communi ty who are deemed to be in need of governmental assistance at a price that is within their capacity to pay;
(iii) provide assistance for home ownership and assist ance with rental accommodat ion in the most efficient way and thus to exclude from eligibility those not in need, to minimise continued availability of assistance to those no longer in need and to accord
benefits which are designed so that assistance being provided is related to the part icular family's or individual's current economic and social circum stances;
(b) benefits which are available are offset to the minimum extent practicable by poor location of dwellings, an in- adequate range of choice of dwellings and stigmatisation of those who are to receive benefits;
(c) there will be clear recognition of the separate but comple- mentary roles of—
( i ) construction and acquisition of dwellings; (i i) management of the rental operat ion; and (iii) sales of dwellings;
(d) maximum social benefit will be sought from previous in vestment in housing; and
( e ) the States will be able to exercise m a x i m u m autonomy and flexibility in the administrative ar rangements necessary to achieve these principles;
( D ) it is proposed that in order to implement the agreement of the Ministers the Commonwea l th will grant to the States financial assistance under section 96 of the Commonwea l th of Australia Const i tut ion and that the te rms and conditions on which the grant of financial assistance should be made are those set out in
this Agreement ;
( E ) the Commonwea l th and the States wish to vary in certain respects the agreements which have been entered into as aforesaid; and
( F )
the Par l iament of the Commonwea l th has authorised the execution by and on behalf of the Commonwea l th of this Agreement and
the making of advances to the States in accordance with its provisions:
N O W I T IS H E R E B Y A G R E E D as follows:
P A R T I — O P E R A T I O N O F A G R E E M E N T
I . ( 1 ) This Agreement shall come into force in respect of the C o m m o n weal th and of a State when it has been signed on behalf of the C o m m o n weal th and has been signed on behalf of the State with the authori ty of the Par l i ament of the State or, having been signed on behalf of the State without that authori ty, is approved by the Par l iament of the State.
( 2 ) Notwiths tanding that in this Agreement all the States of N e w South Wales, Victoria, Queensland, South Australia, Western Austral ia and Tasmania are named as parties, this Agreement shall operate as an agree ment between the Commonwea l th 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.
2. Acts and things provided for by this Agreement which have been done or carried out by or with respect to a State in accordance with and in anticipation of its coming into force in respect of that State shall be deemed to have been done or carried out under this Agreement as if it were in force at the relevant t ime or times in respect of that State.
P A R T I I — I N T E R P R E T A T I O N
3. ( 1 ) Subject to sub-clause ( 2 ) , in this Agreement each State named as a party in respect of which the Agreement comes into force is referred to as a 'State ' and, except where the context otherwise indicates, the expression ' the States' means all of those States.
( 2 ) Where in an existing Housing Agreement included in the Schedule, including any amendment of that Agreement made by this 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 operat ion of that Agreement , as amended by this Agreement , mean respectively a State or the States in respect of which this Agreement has come into force.
4. (1) In this Agreement— ' the Minister ' means the Minister of State of the Commonwea l th for
the t ime being responsible for the administration of this Agree
ment for the Commonwea l th ; and
' the State Minister ' means the Minister of State of a State for the time being responsible for the administrat ion of this Agreement for the relevant State.
( 2 ) A reference in this Agreement to a Minister includes a Minister or other member of the Federa l Executive Council or Minister of the relevant State, as the case may require, acting on behalf of or for the t ime being acting for the Minister referred to.
5. In this Agreement , unless the contrary intention appears or the context otherwise requ i res—
'dwelling' means a dwelling-house or flat and includes such fences,
outbuildings and other improvements and such connections for
sewerage, drainage, water, electricity, gas and other services asare provided or are reasonably required to be provided for the
dwelling-house or flat;
'financial year ' means a period of twelve months commencing on the first day of July;
'housing ' means residential housing including dwellings and other forms of residential accommodat ion ;
'previous housing ar rangements ' means the provisions in relation to
housing that were made by the existing Housing Agreements andby the Stales Grants (Housing) Act 1971 and the Housing
Assistance Act 1973 of the Commonwea l th Par l iament ; and
' the existing Housing Agreements ' means the Agreements set out in the Schedule and where the singular is used means such one or o ther of those Agreements as the context requires.
6. In this Agreement, unless the contrary intention appears—
(a)
a reference to a Part or to a clause is to a Part or to a clause of this Agreement , as the case may be;
(b) a reference to a sub-clause is, unless otherwise indicated, to the relevant sub-clause of the clause in which the reference appears ; ( c ) the Schedule referred to is the Schedule to this Agreement;
(d) words importing the masculine gender also import the feminine
and, where appropr ia te , the neuter; and
( e ) words in the singular number include the plural and vice versa.
P A R T I I I — O B J E C T I V E O F A G R E E M E N T
7. The objective of this Agreement is the provision by the States with
financial assistance from the Commonwea l th of housing assistance for rentalhousing and for home purchase in accordance with, and in fulfilment of,
the principles set out in recital ( C ) . P A R T I V — F I N A N C I A L A S S I S T A N C E 8. ( 1 ) Dur ing the financial years of this Agreement the Commonwea l th will provide financial assistance to the States for housing purposes by way of advances upon and subject to the terms of this Agreement in order to assist the States in the achievement of the objective of this Agreement .
( 2 ) T h e financial years of this Agreement shall be the three financial years commencing on the first day of July in the years 1978, 1979 and
9. Of the total amoun t of the advances by the Commonwea l th to the State under this Agreement in respect of a financial year, port ion (referred to as advances for rental housing assistance) shall be for allotment by the State for the provision of rental housing in accordance with Par t V and the other port ion (referred to as advances for home purchase assis tance) shall be for payment into the H o m e Purchase Assistance Account established by the State for application in accordance with Part VI .
10. ( 1 ) Each State shall, not later than the thirtieth day of November preceding the beginning of a financial year of this Agreement, inform the Minister of the amounts that the State wishes the Commonwea l th to advance it unde r this Agreement in respect of the financial year for rental housing assistance and h o m e purchase assistance programmes of the State and at the same time shall provide estimates of financial per formance and planned p rogrammes for that year.
( 2 ) After consultation with the State Ministers of the States and after considering State requirements and practices but without regard t o any operat ing surpluses on rental housing assistance operat ions unde r previous housing ar rangements and under this Agreement or on the opera tions of the H o m e Builders ' Accounts or the H o m e Purchase Assistance Account under those a r rangements or unde r this Agreement , the Minister shall de termine the total amount to be advanced to the State unde r this Agreement in respect of the financial year.
( 3 ) In consultation with the State Minister the Minister shall deter mine, and may in like manner at any t ime vary, the allocation between rental housing assistance and home purchase assistance of the total amount of the advances to be made by the Commonwea l th to a State under this Agreement in each financial year of this Agreement but the amount of home purchase assistance to be made to a State in respect of the financial year commencing on the 1st day of July 1980 shall not be less than 40 per centum of the total amount of the advances to be m a d e by the C o m m o n wealth to the State under this Agreement in respect of that financial year.
| 11 . T h e advances to be made by the Commonwea l th to a State under this Agreement in respect of a financial year shall be made available by the Commonweal th during that financial year by equal monthly instalments unless otherwise agreed between the Minister for F inance of the C o m m o n wealth and the Treasurer of the State. |
12. (1 ) Each advance made by the Commonwea l th to a State under this Agreement or so much of each advance as for the t ime being remains unrepaid by the State shall until repayment as provided in clause 13 bear interest computed from the date upon which the advance is made .
( 2 ) The rate of interest shall b e —
(a) in respect of rental housing assistance—5 per centum per annum; and (b) in respect of home purchase assistance—41/2 per centum per annum. (3 ) A State will on the thirty-first day of December and the thirtieth day of June of a financial year during which advances are made to the State by the Commonwea l th under this Agreement pay to the C o m m o n wealth the interest that has accrued on those advances up to the date of the payment of the interest.
13. ( 1 ) Each State will repay to the Commonweal th the amount of each advance made to the State under this Agreement and will pay the interest thereon as provided in clause 12, other than that payable under sub-clause (3 ) of that clause, by equal annual instalments of principal and interest so that the amount of the advance, together with the interest, will be repaid in 53 years from the beginning of the financial year next succeeding the financial year in respect of which the advance was made, the first such instalment being payable on or before the end of the financial year next succeeding the financial year in respect of which the advance was made .
(2 ) Accounting procedures in respect of the repayment of advances will be as agreed upon between the Minister for F inance of the C o m m o n wealth and the Treasurer of each State, or in default of agreement , as determined by the Minister for F inance of the Commonweal th , but nothing in this sub-clause shall affect the other provisions of this Agreement .
P A R T V — R E N T A L H O U S I N G A S S I S T A N C E
14. In this Part 'rental housing' means housing for rental which has been provided under the previous housing ar rangements or is provided under this Agreement and 'rental dwelling' means a dwelling that is included in rental housing.
15. Funds available to a State during a financial year for rental housing assistance p rogrammes (in this Part referred to as 'rental housing assistance
funds ') shall consist of—
(a) in respect of a financial year of this Agreement, advances tor rental housing assistance made under this Agreement during the financial year; (b) in respect of any financial year, any surplus during the financial year of revenue after allowing for rental rebates over outgoings incurred or provided for arising f rom— (i) the rental housing operations of the State in respect of dwellings provided under previous housing arrangements and under this Agreement ; and
(ii) any other rental operations of the State which arise out of this Agreement and to which this Agreement applies; and
(c) subject to sub-clause 20 (3), net proceeds from the sale of rental dwellings in accordance with the provisions of this Part .
16. ( 1 ) Rental housing assistance funds shall be used by the State for the provision of rental housing in such manner subject to and in accordance with the provisions of this Agreement as is appropria te for and conducive to the achievement of the objective of this Agreement with respect to the principles set out in recital ( C ) which relate to rental housing.
( 2 ) Without prejudice to the generality of sub-clause (1 ) or conveying any implication that funds are or are to be m a d e available by the Commonwea l th for, or are to be applied by the State for, any part icular purpose or purposes or in any order of priority, the part icular purposes for which rental housing funds may be used by the State to give effect to sub-clause (1 ) include the following purposes—
(a)
to meet the costs of and associated with the acquisition, planning and development of land primarily for residential development;
(b ) to pay for the construction or acquisition of housing;
(c) to repay the principal of and pay interest on loans made to the State for rental housing assistance;
(d) to provide funds to such voluntary, non-profit, charitable or other housing management bodies or groups as are approved by the
State Minister;(e) to enable housing to be let to such charitable bodies and other organisations as are approved by the State Minister for the pro
vision of assistance to disadvantaged persons;(f) to engage in urban renewal activities related to public housing;
(g) to allocate funds to local government bodies for the provision of rental housing where the State Minister considers that it would be
more appropria te for such rental housing assistance to be carried
out by those bodies;
(h) to make payments for, or provide bridging finance for, the pro vision of open space, landscaping, communi ty facilities and for costs associated with land development , including contributions to headworks and reticulation of services;
(i) to undertake research and policy development in relation to
matters not funded by the Australian Housing Research Council ;
(j)
to undertake and participate in joint ventures, co-operative enter prises or similar ar rangements in order that public housing developments may be integrated with private housing and to achieve a desirable socio-economic mixture of housing;
( k ) to lease housing from the private housing sector;
(1) to provide housing advisory services related to public housing; and
(m) any other purposes, including special housing needs or innovative practices, agreed upon between the Minister and the State Minister.
17. T h e conditions of eligibility of persons for rental housing assistance shall be determined by the State and shall ensure that assistance is directed t o those applicants most in need of such assistance.
18. ( 1 ) The rates at which rents are payable by tenants of rental housing shall be determined by the State which when making any such determinat ion shall have regard to a policy of generally relating rents to rates of rental on the open market .
( 2 ) Rental rebates are to be granted to tenants who are not able to afford the rent determined in accordance with sub-clause ( 1 ) a n d the Commonwea l th and the States will jointly seek ways of establishing a uniform approach to the calculation of such rental rebates.
(3 ) The rates of rental shall, as far as practicable, b e —
( i ) reviewed annual ly; and
(ii) adjusted according to the movement of rates of rental on the open
market .
19. ( 1 ) Where in respect of any financial year the rental housing opera tions of the State result in a surplus of revenue after allowing for rental rebates over outgoings, that surplus shall be separately identified to the Commonwea l th and shall be included in rental housing assistance funds as provided in paragraph ( b ) of clause 15 for application in accordance with clause 16.
( 2 ) Outgoings for the purposes of this clause shall consist of those
normally incurred or provided for in rental housing operat ions and shallinclude repayments of principal and interest, maintenance , dwelling improve
of rental housing shall be as determined by the State but will be consistent ments , municipal rates and administrat ive expenses. 20. ( 1 ) Subject to this clause, the policy of a State with respect to sales with the objective of facilitating home ownership included in the principles
set out in recital ( C ) .( 2 ) In the determinat ion and implementat ion of that policy the State
shall ensure tha t—
( a ) sales of dwellings are at market value or replacement cost;
( b ) sales of dwellings are on the basis of a cash t ransact ion;
( c ) h o m e purchase assistance funds may be used to purchase of a dwelling; and
finance
the
(d) proceeds from sales of dwellings are separately identified to the Commonwea l th .
( 3 ) The net proceeds of sales of dwellings are generally to be applied towards the construction or purchase of a replacement dwelling which will be included in rental housing or which may be sold in accordance with this clause, but any part of them may be applied to other housing purposes provided for in this Agreement .
2 1 . Each State shall in respect of each financial year furnish to the Commonwea l th by the 30th November next occurring after that year a statement which shows the origin of rental housing assistance funds available during the year and the manner in which they were applied and which is certified as to its correctness by a person appointed by the State Minister for that purpose.
P A R T V I — H O M E P U R C H A S E A S S I S T A N C E
22. ( 1 ) Each State will establish an account in the public accounts of the State which will be known as ' the H o m e Purchase Assistance Account ' ( in this Par t called ' the Account ' ) and moneys in which shall be available for home purchase assistance in accordance with this Part .
( 2 ) T h e State shall pay into the Account the advances that are made to it for home purchase assistance.
( 3 ) T h e Account shall be credited also with moneys received in the course of the h o m e purchase assistance operations provided for by this Par t and shall be debited with management costs and other outgoings in respect of those operat ions.
(4 ) The excess of amounts that are received into the Account over payments that are made from the Account in accordance with sub-clause ( 3 ) shall be separately identified by the State to the Commonweal th .
| 2 3 . ( 1 ) A State may but shall not be obliged to ar range for payment into the Account of revolving funds which result from the operat ion of H o m e Builders' Accounts or other home purchase assistance accounts that were established under previous housing ar rangements and may combine accounts established under those arrangements and under this Agreement into one account, being the Account . |
( 2 ) It is acknowledged and agreed by the parties that, when regard is had to income and other circumstances, all persons who receive home purchase assistance under this Agreement or from revolving funds under previous housing arrangements shall have available to them the borrowing options provided in this Part and that this situation will be achieved by the last financial year of this Agreement.
24. ( 1 ) Moneys standing to the credit of the Account shall be made available for the achievement of the objective of this Agreement with respect to the principles set out in recital ( C ) which relate to home purchase and to that end may be used for—
(a) making repayments of principal and payments of interest in respect of advances by the Commonwea l th to the State under this Agreement or, where accounts under previous housing arrange ments have been combined into the Account , the repayment of principal and payment of interest in respect of advances by the Commonwea l th to the State which have been allocated for home purchase assistance under those arrangements ;
(b) meeting expenditure by the State in providing and administering loans to approved lending authorities;
(c) making loans to
(i) terminating building societies or co-operative housing societies;
(ii) a lending authority of the State approved by the State Minister;
(iii) registered co-operative organizations approved by the State Minister, not including permanent building societies;
(iv) such other bodies or organizations, including permanent building societies, as are from t ime to t ime agreed upon between the Minister and the State Minister,
for on-lending to home purchasers ;
(d) providing a subsidy to eligible home purchasers or such lending institutions as are from time to t ime agreed upon by the Minister and the State Minister to reduce the interest cost of loans to the end borrowers of the loans;
(e) financing the construction or purchase of dwellings for sale to
persons who are eligible for home purchase assistance under this Agreement ; and (f)
such other purposes as are from time to time agreed upon between the Minister and the State Minister.
( 2 ) In this c lause— (a )
' h o m e purchaser ' includes a purchaser of a dwelling u n d e r clause 20: and
(b)
references to societies are to societies registered as societies referred to under the relevant legislation of the State.
25 . (1 ) T h e rate of interest that is charged by the State in respect of so much as is for the t ime being outstanding on a loan to an agency of the State for the purposes of paragraphs ( e ) , (e) or (f) of clause 24 shal l—
(a) be not less than 5 per centum per annum until the end of the first financial year that wholly occurs after the loan is made ;
(b) be increased by 1/2 per centum per annum at the end of the first financial year that wholly occurs after the loan is made and by 1/2 per centum per annum at the end of each subsequent financial year of the loan until a rate equivalent to 1 per cen tum per a n n u m below the long te rm bond rate for a financial year is reached;
(c) thereafter be varied for any financial year of the loan according to any variat ion in the long term bond rate for that financial year.
(2 ) F o r the purposes of this clause the long term bond rate for a year shall be the coupon ra te on the longest te rm security of the last Commonwea l th public loan issued prior to the first day of M a y that last occurred prior to that year .
26. ( 1 ) Subject to this clause, it shall be a mat ter for the State, as it sees fit, to determine the conditions of eligibility and the amounts and conditions that are to apply in respect of loans to persons who are to receive h o m e purchase assistance under this Agreement and under previous
| housing | ar rangements . |
( 2 ) The conditions of eligibility shall be such that loans are made only to those persons who are not able to obtain mortgage finance assistance in the open marke t or from other sources.
( 3 ) In determining the amount of a loan and of the repayments , regard shall be had to family income, assets of the bor rower and size and s tandard of dwelling.
27 . T h e State shall adopt policies and practices with regard to persons
who receive home purchase assistance which are best suited to the achieve
ment of the objective of this Agreement with respect to the principles
| where practicable, have regard to flexible lending practices, including those | set out in recital ( C ) which relate to home purchase assistance and may, | known | a s — |
(a ) escalating interest loans with income geared starts;
( b ) deferred interest repayment loans;
(c ) income geared repayment loans;
(d ) high start loans;( e ) second mortgage lending,
and provision for variation in repayment in the event of hardship.
28 . Each State shall in respect of each financial year furnish to the Commonwea l th by the 30th November next occurr ing after that year a financial s tatement in respect of operat ions of the Account which shows the origin of funds received and the manner in which funds were applied and which is certified as to its correctness by a person appointed by the State Minister for that purpose.
P A R T V I I — S U P E R S E S S I O N O F P R E V I O U S H O U S I N G A R R A N G E M E N T S
29. ( 1 ) The provisions of this Agreement with respect to rental housing and home purchase assistance shall, except as provided herein, supersede the provisions of the existing Housing Agreements to the intent that this Agreement will provide the ar rangements between the Commonwea l th and each State in relation to the provision of rental housing, including the sale of housing so provided, and to the provision of assistance for home purchasers under the previous housing ar rangements and this Agreement .
( 2 ) Notwi ths tanding sub-clause ( 1 ) , a State which is at the date of
this Agreement a party to the 1945 Agreement referred to in paragraph 1 of the Schedule shall, subject to the State observing the provisions of this Agreement on its part to be observed, cont inue to be entitled to a contribu tion by the Commonwea l th towards rental losses under sub-clauses (1 ) and (2 ) of clause 15 of that Agreement as if the provisions of those sub-clauses remained in force and, subject to sub-clause ( 2 ) , the provisions of the Second Schedule cont inue to apply by virtue of sub-clause ( 1 ) thereof.
P A R T V I I I — G O V E R N M E N T A U T H O R I T I E S A N D A G E N C I E S 30. T h e Commonwea l th shall provide for or secure the performance by it and its authorit ies of the obligations of the Commonwea l th under this Agreement and each of the States shall provide for or secure the perfor mance by the State and its authorities of the obligations of the State under
this Agreement .
3 1 . A State shall determine an agency or agencies ( including bodies or organizations that are not authorities of the State) for the per formance of this Agreement on behalf of the State and acts and things that are done by or with respect to the agency or agencies so determined shall, for the purposes of this Agreement , be deemed to have been done by or with respect to the State. P A R T I X — S U P P L Y O F I N F O R M A T I O N 32. A State Minister will, upon request by the Minister, supply to the Minister such information relevant to the operat ion of this Agreement in respect of the State as is reasonably so requested.
P A R T X — V A R I A T I O N O F A G R E E M E N T
33 . ( 1 ) The provisions of Par ts V and VI of this Agreement may be varied as between the Commonwea l th and a State by agreement in writing between the Minister and the State Minister.
( 2 ) A copy of an agreement or copies of the document which con stitute an agreement under sub-clause ( 1 ) shall be tabled in the Par l iaments of the Commonwea l th and of the State within 15 sitting days of respective Parl iaments from the date upon which the agreement is made .
( 3 ) A n agreement unde r sub-clause (1 ) shall not affect the operat ion
of this Agreement as between the Commonwea l th and the States other than
that with which the agreement has been made .
P A R T X I — R E P R E S E N T A T I V E S A N D C O M M U N I C A T I O N S
34. ( 1 ) The Commonwea l th shall, subject to sub-clause ( 2 ) , be repre sented for the purposes of this Agreement by the Depar tment of Environ ment, Housing and Communi ty Development , the address of which for notices and other communicat ions i s —
Secretary,
Depar tment of Environment , Housing and Communi ty Development ,
C A N B E R R A , A.C.T. 2600
(2 ) In the event that the administrat ion of this Agreement for the Commonwea l th is allocated to a Minister o ther than the Minister for Environment , Housing and Communi ty Development , the Commonwea l th shall be represented by the Depar tment administered by that other Minister and that Minister shall notify the State Minister of the address of that Depar tment .
| 35 . The State shall be represented for the purposes of this Agreement by the Depar tment administered by the State Minister and the State | Minister shall notify the Minister of the address of that Depar tment and |
| of any change at any time of the Depar tment or of the address. | |
| 36 . ( 1 ) A notice or o ther communica t ion unde r or in connexion with this Agreement shall be duly given if it is in writing signed by or on behalf of, or at tr ibuted to , the head of the Depa r tmen t by which it is given and addressed to or delivered at the address of the Depar tment to which it is directed. | |
| ( 2 ) Fo r the purposes of this clause writing includes a teleprinter message the address for such a message shall be the teleprinter address of the receiving Depar tment . |
( 3 ) A notice or other communica t ion shall be given under this clause when it is received in the appropr ia te form by the Depar tment to which it is directed.
S C H E D U L E
Existing Housing Agreements
1. The 1945 Agreement
Agreement made 19 November 1945 between the Commonwea l th and the States to which Tasmania is not now a pa r ty—Act N o . 44 of 1945.
2. The 1955 Agreement
Supplemental Agreement made 16 April 1955 between the C o m m o n wealth and the States other than Tasman ia—Act N o . 12 of 1955.
3. The 1956 Agreement
Agreement m a d e 13 February 1957 between the Commonwea l th and the Sta tes—Act N o . 43 of 1956.
4. T h e 1961 Agreement
Agreement made 4 October 1961 between the Commonwea l th and
the Sta tes—Act N o . 31 of 1 9 6 1 .
5. T h e 1966 A g r e e m e n t — Agreement m a d e 21 December 1966 between the Commonwea l th and the Sta tes—Act N o . 24 of 1966.
6. T h e 1973 Agreement
Agreement made 17 October 1973 between the Commonwea l th and the States—Act N o . 43 of 1973.
7. The 1974 Agreement
Supplemental Agreement made 20 December 1974 between the
Commonwea l th and the States—Act N o . 102 of 1974.
| IN | W I T N E S S | W H E R E O F | etc. |
| 59941E-58 |
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