Housing (Amendment) Act 1971 (NSW)

HOUSING (AMENDMENT) ACT.

A N N O VICESIMO

ELIZABETHE II REGINE

Act No. 45, 1971.

An Act to extend the powers of The Housing Com­ mission of New South Wales in relation to the acquisition and leasing of land; to validate certain matters; for these and other purposes to amend the Housing Act, 1912; and for purposes connected

BE

therewith. [Assented to, 14th December, 1971.]

O E 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 (Amendment)

Act, 1971".

2. The Housing Act, 1912, is amended—

(a)	by omitting the short heading "Purchase or resumption of land." next before section four and by inserting in lieu thereof the short heading "Acquisition of property.";
(b)	by omitting from section 4A the words "two hundred thousand dollars" and by inserting in lieu thereof the words "one million dollars";
(c)	by inserting next after section 4D the following new section :—

4E. (1) The Commission may acquire by gift, devise or bequest any property for any of the purposes of this Act and may agree to the condition of any such gift, devise or bequest.

(2) Any property acquired by the Commis­ sion subject to a condition shall, notwithstanding any other provision of this Act, not be dealt with by the Commission except in accordance with the condition.

(3) The rule of law relating to perpetuities shall not apply to any condition of any gift, devise or bequest to which the Commission has agreed.

(d)

(d) (i) by inserting next after subsection two of
section eight the following new subsection :—

(2A) The Commission may lease, or grant a licence to any person to use, any land vested in or acquired by the Commission pursuant to section four or 4E of this Act upon which buildings are not erected for such term and upon such conditions as it may determine.

(ii)   by inserting in subsection four of the same section after the word "lease" the words "or licence";

(iii)   by inserting in the same subsection after the word "rental" wherever occurring the words "or fee";

(e) by inserting at the end of section nine the following new subsection :—

(2) Every licence granted by the Commission pursuant to subsection (2A) of section eight of this Act shall be in writing.

(f) by inserting next after section ten the following new section :—

10A. (1) In this section—

"land" means land that is being sold on terms

b y -

(a) the Commission; or

(b) the Rural Bank of New South Wales

as delegate of the Commission;

"purchaser" means a person who has agreed to purchase land upon which a dwelling is erected and, for the purposes of paragraph (a) of subsection three of this section, includes any person entitled to an estate in the land under the estate of the person who has agreed to purchase the land under such an agreement but does not include an

executor

executor of the will or an administrator of the estate of the person who has agreed to purchase the land under such an agreement;

"work" includes altering, enlarging, repairing, re-building and otherwise effecting improve­ ments to or in respect of a dwelling and the installation of water supply and sewerage services and the connection of those services to existing mains or submains of a water supply or sewerage authority.

(2) Subject to subsections four and five of this section, the Commission may upon a request made in accordance with subsection three of this section, carry out any work specified in the request.

(3) A request for any work to be carried out in respect of a dwelling erected on any land shall be in writing and may be made to the Commission—

(a) where there is one purchaser of the land, by that purchaser or, where there are two or more purchasers of the land, by all of those purchasers; or

(b) where—

(i)   there is one purchaser of the land, and that purchaser does not ordinarily reside in the dwelling erected thereon—by the spouse of that purchaser if that spouse

ordinarily resides in the dwelling, or by any child of that spouse over the
age of eighteen years who ordinarily
resides in the dwelling or jointly by that spouse and child; or
(ii)	there are two or more purchasers of the land and one or more of those purchasers does not ordinarily reside in the dwelling erected thereon— by any purchaser who ordinarily

resides

resides in the dwelling or by any child of any such purchaser over the age of eighteen years who ordin­ arily resides in the dwelling or jointly by any such purchaser and child.

( 4 ) The Commission shall not commence

to carry out any work pursuant to a request made in accordance with paragraph (a) of subsection three of this section unless a written agreement has been executed by the purchaser or all of the purchasers, as the case may be, and the Commission—

(a)	in which the purchaser agrees, or all of the purchasers agree, to pay in respect of the work an amount to be determined by the Commission not exceeding the cost of the work and specified in a certificate of the Accountant of the Commission and to pay that amount within one month after service upon him or them of a copy of that certificate; or
(b)	in which the purchaser agrees, or all of the purchasers agree, to a variation of the agreement for the sale of land—

(i)   by increasing the balance of the purchase money payable under the agreement for the sale of land by an amount to be determined by the

Commission not exceeding the cost

of the work and specified in a certi­ ficate of the Accountant of the Commission; and

(ii)   by increasing the amount of the monthly instalments of purchase money payable under the agreement for the sale of land to an amount to

be

be determined by the Commission:
and specified in the certificate of the
Accountant of the Commission.

(5) The Commission shall not commence to carry out any work pursuant to a request made in accordance with paragraph (b) of subsection three of this section unless a written agreement has been executed by the person or by all of the persons by whom the request was made and the Commission in which that person agrees or those persons agree to pay in respect of the work an amount to be determined by the Commission not exceeding the cost of the work and specified in a certificate of the Accountant of the Commission and to pay that amount—

(a)	within one month after service upon him or them of a copy of that certificate; or
(b)	by instalments, to be determined by the Commission and specified in the certificate of the Accountant of the Commission, payable over a period not extending beyond the period during which the balance of the purchase money is payable under the agree­ ment for the sale of land, together with interest on the amount agreed to be paid.

( 6 ) Nothing in subsection four of this

section shall be construed as authorising the exten­

sion of the period for the payment of the balance
of the purchase money beyond the period during
which the balance of the purchase money is payable
under the agreement for the sale of land.

(7) Except as provided by an agreement referred to in paragraph (b) of subsection four of this section, nothing in this section affects the terms of any agreement for the sale of land.

(8)

(8) This section shall apply to an agree­ ment for the sale of land upon which a dwelling is erected whether executed before or after the commencement of the Housing (Amendment) Act, 1971.

3. Any licence granted by the Commission before the commencement of this Act in respect of lands vested in or acquired by the Commission upon which buildings were not erected at the time the licence was granted is hereby validated.

NEW