Housing (Further Provisions) Act 1937 (NSW)

HOUSING (FURTHER PRO-

VISIONS) ACT.

Act Xo. 27, 1937.

An Act to make further provisions in relation to

housing; to validate certain matters; to ' and certain other Acts in certain respects; and for purposes connected therewith. [As- sented to, 17th December, 1937.]

amend the Housing Improvement Act,
1036, the Government Guarantees Act,
1934, the Co-operation Act, 1923-1936, the

1^ K it enacted by the Kind's Most Kxcellent Majes ty , *

by and with the advieo and ennrent of the Legis- lat ive ( 'ouneil and Ley slati\ e Assembly of New South Wales in P a r l i a m e n t assembled, and by the au thor i ty of the same, as follows :—-

P A R T I.

: 

PRELIMINARY.

1 . (1) This Act mav he cited as the " H o u s i n g

( F u r t h e r Provis ions) Act, 19.17."

(2)	This Act is divided into P a r t s as follows:- —
P A R T	I .—PRELIMINARY.
P A R T	I I . — A M E N D M E N T OF HOUSING IMPROVEMENT

A C T , 1936, AND CERTAIN OTHER ACTS.

P A R T I I I . — A M E N D M E N T OF GOVERNMENT GUARAN-

TEES ACT, 19.34.

[ P A R T

P A R T I V . — A M E N D M E N T O F CO-OPERATION A C T , 1 9 2 3 -

1936.

P A R T V . — A M E N D M E N T O F HOUSING O F T H E

UNEMPLOYED A C T , 1934-1936.

S C H E D U L E .

P A R T I I .

A M E N D M E N T O F HOUSING IMPROVEMENT A C T , 1936, A N D

C E R T A I N O T H E R A C T S .

2 . The Hous ing Improvement Act, 1936, as amended

by this Act, may be cited as the Hous ing Improvement

Act, 1936-1937.

3 . (1) The Hous ing Improvement Act, 1936, is

amended by inser t ing next af ter P a r t V the following

new P a r t s : —

P A R T V A .

ERSKINEVILLE HOUSING S C H E M E .

DIVISION 1.—Construction of certain works.

14A. (1) (a) The ca r ry ing out on the land described in the F i r s t Schedule to this Act of the work refer red to in the Second Schedule to th is Act is hereby sanctioned.

(b) The said work shall be deemed to be an author ised work within the meaning of the Public "Works Act, 1912, as amended by subsequent Acts .

(c) The Hous ing Improvement Board

is empowered to ca r ry out the said work and shall be the construct ing au thor i ty for the same within the meaning of the said Act as so amended and shall en ter into such contracts and take all such necessary s teps for the p r o p e r execution thereof

as such au thor i ty may think proper .

(d) The provisions of the Public works Act, 1912, as amended by subsequent Acts, sections thir ty-four , thirty-five, thir ty-s ix and thir ty-seven excepted, shall apply to and in respect of the said work.

( 2 )

(2) Wi thou t prejudice to the genera l i ty of. subsection one of this section the provis ions of section th i r ty-e ight of the Public W o r k s Act, 1912, as amended by subsequent Acts , shall apply to and in respect of any contract re fer red to in p a r a g r a p h (c) of subsection one of this section.

14B. (1) The cost of ca r ry ing out so much of the said work as is re fer red to in P a r t One of the Second Schedule to this Act (exclusive of land resump­ t ions) is es t imated a t fifty-four thousand pounds.

(2) The cost of ca r ry ing out so much of the said work as is refer red to in P a r t Two of the Second Schedule to this Act (exclusive of land resumpt ions) is es t imated at fifteen thousand pounds .

(3) The cost of ca r ry ing out so much of the said work as is re fe r red to in P a r t Three of the Second Schedule to this Act (exclusive of land re­ sumptions) is es t imated at five hundred pounds .

(4) The respective est imated costs re fer red

to in this section shall not under any circumstance

be exceeded by more than ten pe r centum.

DIVISION 2.—Care, control and management of

certain works.

14c. The board shall have the care, control and management of so much of the work refer red to in the Second Schedule to this Act as consists of dwell­ ings and ancil lary buildings and works constructed on the por t ion of land refer red to in P a r t One of

t ha t Schedule.

14D. (1) F o r the purposes of ca r ry ing this

Division into effect the board may, from t ime to

t ime and notwi ths tanding anyth ing contained in a n y other Act, take such steps, provide such equip­ ment , and c a r r y out such works and opera t ions ( including works of maintenance and r epa i r ) as may be necessary or as it may think desirable .

(2) Wi thou t prejudice to the genera l i ty of subsection one of this section the board may let or may, with the approva l of the Governor, sell or otherwise dispose of the land or any p a r t thereof upon which any of the works re fer red to in section 14c of this Act a re constructed.

Any

Any such le t t ing may be made a t such rent (whether the same is the best r en t t ha t can reason­ ably be obtained or not) and for such t e r m and sub­ ject to such covenants and conditions as the board, in i ts absolute discretion, may from time to t ime determine.

14E. (1) Upon completion of the works re fe r red to in P a r t Two of the Second Schedule to this Act, the Governor shall notify in the Gazette tha t such works are complete.

(2) On the da te of the publicat ion in the Gazette of any such notification—

(a)	the land upon which the works referred to in the notification have been car r ied out shall become Crown land within the mean­ ing of the Crown Lands Consolidation Act, 1913, as amended by subsequent A c t s ; and
(b)	such land shall be deemed to be dedicated unde r the said Act as so amended for the purposes of public recrea t ion ; and
(c)	the board shall have the care, control and management of such land and shall continue to have such care, control and management unt i l the Governor by proclamat ion in the Gazette, p u r s u a n t to section three hund red and forty-five of the Local Government Act, 1919, as amended by subsequent Acts , charges the council of the a rea with the care, control and management of such land.

(3) W h e r e the board has the care, control and

management of any land p u r s u a n t to this section—

(a) the board shall have and may exercise and discharge, in relat ion to such land, all or any of the powers , author i t ies , duties a n d functions which may be exercised and dis­ charged under the Local Government Act, 1919, as amended by subsequent Acts , by a council in relat ion to a public reserve, the care, control and management of which is placed in the council under P a r t X I I I of the said Act as so amended ;

( B )

(b) the Governor may make regulations in rela­ tion to such land prescr ibing all such ma t t e r s and things as may be prescr ibed by ordinance under the Local Government Act, 1919, as amended by subsequent Acts , in relat ion to a public reserve, the care, control and management of which is placed in a council under P a r t X I I I of the said Act as so amended.

All regulat ions made under this subsection shall—

(i) be published in the Gazet te ;

(ii)   take effect from the date of such publica­ tion or from a la ter date to be specified in

the regula t ions ; and

(iii)   be laid before both Houses of Parliament within fourteen s i t t ing days af ter the pub­ lication thereof if Pa r l i amen t is in session, and if not, then within fourteen s i t t ing days af ter the commencement of the next session.

If ei ther House of Pa r l i amen t passes a resolution of which notice has been given at any t ime within fifteen si t t ings days af ter such regula t ions have", been laid before such House disallowing any regula­ tion or p a r t thereof, such regulat ion or p a r t shall thereupon cease to have effect.

14r. W h e r e land is acquired by the board

p u r s u a n t to this P a r t of this Act, no ra te shall be made or levied under the Local Government Act, 1919, as amended by subsequent Acts, in respect of the land so acquired.

14G. On and from the day upon which tha t por t ion of the land described in the F i r s t Schedule to this Act which is re fer red to in P a r t Three of the Second Schedule to this Act is acquired by the board the following provisions shall have effect:—

(a) The body corporate known as The Trustees of Erskinevil le P a r k shall be and the same is hereby dissolved, and the persons who, immediately before the said day, were the members of such body corporate shall cease to hold office as such.

(b)

(b)	All property (other than the land so ac­ quired) and all r ight and in teres t therein which, immediately before the said day, is vested in or belongs to The Trus tees of Erskinevi l le Pa rk , shall vest in and belong to the board.
(c) All moneys, l iquidated and	unl iquidated

claims which, immediately before the said day, a re payable to or recoverable by The Trus tees of Erskinevil le Pa rk , shall be moneys, l iquidated and unl iquidated claims payable to and recoverable by the board.

(d)	All suits, actions and proceedings pending immediate ly before the said day a t the suit of The Trus tees of Erskinevil le Pa rk , shall be suits , actions and proceedings pending a t the suit of the board.
(e)	The board may pursue the same remedies for the recovery of any such moneys and claims and for the prosecut ion of such suits , actions and proceedings as The Trus tees of Erskinevi l le P a r k might have done but for
this Act .
(f)	The board may enforce and realise any securi ty or charge exist ing immediate ly before the said day in favour of The Trus tees of Erskinevi l le P a r k in respect of any such moneys and claims as if such secur i ty or charge were exist ing in favour of the board.

(g)	All debts due and moneys payable by and
all claims, l iquidated and unl iquidated,

recoverable aga ins t The Trus tees of E r s ­ kineville P a r k shall be debts due and moneys payable by and claims recoverable

aga ins t  t h e  b o a r d : 

P rov ided tha t the l iabil i ty of the board in respect of such debts , moneys and claims shall be l imited to the amount of the asse ts of The Trus t ees of Erskinevi l le P a r k which a re vested in or recovered by the board under this section.

P A R T

P A R T V B .

F I N A N C E .

14H. (1) There shall be consti tuted an account in Special Deposits Account to be called the	" H o u s i n g
Improvement	Account . ' '

(2) The account shall be applied for the pur­ pose of the adminis t ra t ion and execution of this Act and for no other purpose -whatsoever.

14I. (1) There shall be paid to the credit of the account—

(a)	all moneys advanced to the board by the
Colonial T r e a s u r e r or provided by Par l ia ­

ment for the purposes of the boa rd ;

(b) all moneys received by the board from any other source.

(2) The account may be applied to any of

the following pu rposes :—

(a) the adminis t ra t ive expenses of the b o a r d ;

(b)	the costs and expenses incurred in carry­ ing out any of the powers , authori t ies , duties and functions conferred and imposed on the board by or under this Ac t ;
(c)	any purpose directed or authorised by or under this Act for the applicat ion of the account.

(3) The account shall be operated on in the

manne r prescribed.

14J . The board shall cause to be kept p rope r books of account, and shall, as soon as pract icable af ter the th i r t ie th day of J u n e in each year , p r e p a r e and

t r ansmi t to the Minister for p resen ta t ion to Pa r l i a ­

ment a s ta tement of accounts in a form approved by the Audi tor-General , exhibiting a t rue and correct view of the financial posit ion and t ransac t ions of

the board .

14K. The accounts of the board shall be audi ted by the Audi tor-General , who shall have, in respect

thereof, all the powers conferred on the Audi tor-
General by any law now or hereaf ter to be in force re la t ing to the audi t of public accounts ; and the x\udit Act, 1902, and Acts amending the same, shall app ly to the board, the members of the board and

the

the officers and employees of the board in the same manne r as it applies to accounting officers of public

depar tments .

(2) The Housing Improvement Act, 193(5, is fur ther

amended by inser t ing af ter section sixteen the following

new Schedules : —

F I R S T S C H E D U L E .

All that piece or parcel of land known as Erskineville Park, parishes of Alexandria and Petersham, county of Cumberland, bounded by Mitchell-road, Ashmore-street, Binning-street, Swanson-street and Copeland-street.

S E C O N D S C H E D U L E .

The works respectively referred to in Part One, Part Two and Part Three of this Schedule are subject to such modifications as may be considered desirable by the Board.

PART ONE.

The construction upon the north-western portion (comprising approximately four acres) of the land described in the First Schedule to this Act, of fifty-six dwellings ( including the provision of equipment therefor) and of ancillary buildings and works.

PART TWO.

The construction upon the eastern portion (comprising

approximately eleven and one-half acres) of the land described in the First Schedule to this Act. of such works ( including the provision of a sports ground) as may be necessary to render that portion suitable for use by the public for purposes of public recreation, convenience, health or enjoyment.

PART THREE.

The construction upon that portion (comprising approximately
seven acres) of the land described in the First Schedule to this

Act which is not comprised in the portions referred to in Part

necessary to render that portion suitable for use by the public	One and Part Two of this Schedule of such works as may be
for purposes of public recreation, convenience, health or enjoy­ ment.

(3) The Hous ing Improvement Act, 1936, is fur­

ther amended—

(a)	by inserting in section two next after the
m a t t e r re la t ing to P a r t V the following words

and symbols:—

P A R T V A — E R S K I N E V I L L E HOUSING	S C H E M E .
P A R T	V B — F I N A N C E .

(b)

(b) by inserting at the end of the same section the word—

" S C H E D U L E S . "

(4) The Housing Improvement Act, 1936, is fur ther

amended—

(a) by omit t ing from p a r a g r a p h (a) of subsection

six of section five the words " t o any m e m b e r " ;

(b)	by inser t ing a t the end of the same	p a r a g r a p h
the words—

(i) to a member ; or

(ii)   to the secretary or any other officer appoin ted under subsection one of sec­ t ion eight of this Ac t ; or

(iii)   to any officer, servant or employee of whose services the board makes use pu r suan t to subsection four of section eight of this Act.

(c) by omit t ing from p a r a g r a p h (b) of the same

subsection the words " A m e m b e r " and by inser t ing in lieu thereof the words " A n y p e r s o n . "

4 . (1) The Public Hea l th Act, 1902-1932, is

amended—

(a) (i) by omit t ing from subsection one of section fifty-eight the words " t h a t any house or other building within its a rea is unfit or unsafe for human habi ta t ion or occupation,

such local au thor i ty m a y " and by inser t ing

in lieu thereof the words " o r to the Board tha t any house or other building within the a rea of the local au thor i ty is unfit or unsafe for human habitat ion or occupation or lias become ruinous and dangerous ( tha t is to say ruinous to such an extent tha t the con­ t inuance of such house or building is dan­ gerous to the public or to the inhabi tants of the neighbouring dwelling-houses) such

local au thor i ty or the Board s h a l l " ;

( i i )

(ii)   by inserting in the same subsection after

the words " i s not fit for human habi ta t ion or occupa t ion" the words " o r is in a

ruinous and dangerous c o n d i t i o n " ;

(iii)   by inserting in the same subsection after

the words " s o as to render it fit for human habi ta t ion or occupa t ion" the words " o r eliminate the ruinous and dangerous con­

dit ion (as the case may b e ) " ;

(iv)   by omitting from the same subsection after

the word " o r d e r " the word " m a y " and by

inser t ing in lieu thereof the word " s h a l l " ;

(b) (i) by inser t ing in subsection one of section

sixty-one af ter the word "dwel i ing-

h o u s e s " the words " o r (as the case may be) tha t the ruinous and dangerous condi­ tion has not been eliminated and tha t the necessary steps a r e not being taken to

eliminate such cond i t i on" ;

(ii)   by inserting in subsection three of the same

section af ter the word " o c c u p a t i o n " the words " o r (as the case may be) the works necessary to eliminate the ruinous and dan­ gerous condition of the house or b u i l d i n g " ;

(iii)   by omitting from subsection one of section

sixty-three the word " s e c t i o n " and by in­

ser t ing in lieu thereof the words " sec t ions

fifty-eight o r " .

( 2 ) The Public Hea l th Act, 1 9 0 2 - 1 9 3 2 , as amended

by this Act, may be cited as the Public Hea l th Act. 1 9 0 2 -

1 9 3 7 .

P A R T I I I .

AMENDMENT O F GOVERNMENT GUARANTEES A C T , 1 9 3 4 .

5 .    The Government Guaran tees Act, 1 9 3 4 , as amended

by this Act, may be cited as the Government Guaran tees

Act, 1 9 3 4 - 1 9 3 7 . "

6 . (1) The Government Guarantees Act, 1934, is amended—

(a) (i) by inser t ing in subsection two of section three af ter the word " b a n k " where firstly occurr ing the words " o r of a n y society regis tered under the F r i end ly Societies Act, 1912-1935 (in this Act re fe r red to as ' f r iendly society ') or of any other body of persons , corpora te or un incorpora te , ap­ proved by the Minis ter (in this Act re fer red

to as ' app roved b o d y ' ) " ;

(ii)   by omitting from the same subsection the words " t o be made by the b a n k — " and by inser t ing in lieu thereof the words " m a d e or to be made by the bank, fr iendly society or approved body, as the case may b e , — "

(iii)   by inserting at the end of the same section the following new subsection:—

(6) Any guaran tee executed by the

Colonial T r e a s u r e r under this Act may be made by way of increase of the amount of the Colonial T r e a s u r e r ' s l iabili ty as s ta ted in a previous guaran tee given under this Act, and may be made upon such te rms and conditions as a re prescr ibed or as the

Colonial T r e a s u r e r may determine.

The enactment of this subsection shall not affect subsections one, two and three of this section.

(b ) (i) by inser t ing in section four after the word

" b a n k " wherever occurring the words

" f r i e n d l y society or approved body as the

case may b e " ;

(ii) by inser t ing in p a r a g r a p h (d) of the same

section after the word " h o l d " the words

" o r re ta in and h o l d " ;

(iii) by inser t ing in p a r a g r a p h (e) of the same

section after the words " m a r k e t i n g board

or a soc ie ty" the words " ( o t h e r than	a
building	s o c i e t y ) " ;

(iv)

(iv)  by inserting at the end of the same para­ g r a p h the words " o r where the pr incipal debtor is a building society within the mean­ ing of the said Act unless the bank, fr iendly society or approved body, as the case may be, shall, under the provisions of the securi­ ties executed by the building society in favour of the bank, fr iendly society or ap­ proved body as the case m a y be, or of any of such securit ies, have become entit led t o appoint a receiver of the under t ak ing and assets of the building soc ie ty ,"

(2) The amendments made by subsection one of this section shall be deemed to have commenced on the thirty-first day of December, one thousand nine hundred and thi r ty-four , and shall apply to all guaran tees exe­ cuted on or af ter t ha t date no twi ths tanding any th ing

there in contained.

(3) The Government Guaran tees Act, 1934, i s

fur ther amended—

(a) by omitting from subsection two of section three the figures "1923-1932" and by inse r t ing in lieu thereof the following figures and new p rov i so :—

"1923-1937:

P rov ided tha t where any such guaran tee is for the r epayment of any advance made to a building society within the meaning of the Co-operat ion Act, 1923-1937, i t shall no t be

the Co-operative Bui ld ing Advisory Commit tee executed except upon the recommendat ion of
const i tuted under t ha t A c t ; "
(b)	by inserting at the end of the same section the following new subsect ion:—

(7) The approva l of the Governor to the execu­ tion of any gua ran tee under this section shall be conclusive evidence tha t the gua ran tee has not been entered into in contravent ion of th is section.

7 . (1) The action of the Governor and Execut ive Council in author is ing the giving and of the Colonial T r e a s u r e r in giving the guaran tees set out in the Schedule to this Act is hereby validated.

(2) No guaran tee so given shall be held to be void merely on the ground tha t the person by whom such guaran tee was so given had no power to create a liability enforceable agains t the Government and to be discharged out of the Consolidated Revenue Fund .

(3) The Government Guarantees Act, 1934, is

fur ther amended—

(a)	by inserting in section three after the words
" v a l i d a t e d by this A c t " wherever occurr ing the
words " o r by the Hous ing ( F u r t h e r Provis ions)
Act, 1 9 3 7 " ;
(b)	by inserting in section four after the words
" v a l i d a t e d by this A c t " the words " o r by the
Hous ing ( F u r t h e r Provis ions) Act, 1 9 3 7 " ;
(c)	by inserting in section five after the words "by

this A c t " the words " o r val idated by the Hous­

ing ( F u r t h e r Provis ions) Act, 1937."

P A R T IV .

A M E N D M E N T O F CO-OPERATION A C T , 1923-1936.

8 . The Co-operat ion Act, 1923-1936, as amended by

subsequent Acts and by this Act, may be cited as the

Co-operat ion Act, 1923-1937.

9 . The Co-operat ion Act, 1923-1936, as amended by

subsequent Acts, is amended—

(a) by omit t ing p a r a g r a p h (c) of subsection one of

section 17A and by inser t ing in lieu thereof the

f o l l o w i n g paragraph:—-

(c) the amount proposed to be lent reduced

by the value of the share capi ta l of the member or by the sum of one hundred pounds whichever is the smaller sum does

not exceed nine hundred p o u n d s ; and

(b)

(b) by inserting at the end of the same subsection the following words and new subsect ion:—

The ins t rument evidencing any agreement entered into unde r this section may be signed by the Colonial T r e a s u r e r or for and on behalf of the Colonial T r e a s u r e r by any other Minis ter of the Crown.

(1A) The value of the share capi ta l of a member of any society shall, for the purposes of this section, be calculated in such manne r as the Co-operative Bui lding Advisory Com­ mittee const i tuted under this Act m a y direct.

A n y such direction shall be given in relat ion to the society specified in the direction and shall not be a l tered while any agreement with t ha t society under this section has effect.

(c)	by inserting in subsection two of the same sec­ t ion af ter the words " t h e Governor t o " the
words " e n t e r i n t o " ;
(d)	by inserting in subsection four of the same sec­ t ion af ter the words " t h e Governor t o " the
words " e n t e r i n t o " ;
(e)	by omitting from the same subsection the word
" s u b s e c t i o n " and by inser t ing in lieu thereof
the word " s e c t i o n " .

1 0 . (1) The Co-operat ion Act, 1923-1936, as amended

by subsequent Acts , is fu r ther amended—

(a) by omit t ing from p a r a g r a p h (d) of subsection

one of section 17A the words " p a i d u p value of in lieu thereof the words " v a l u e of the share the members share c a p i t a l " and by inser t ing capi ta l of the m e m b e r " ;

(b)	by omitting from the same subsection the words " p a i d up value of the member ' s share capi ta l is in excess of" and by inser t ing in lieu thereof the words " v a l u e of the share capi ta l of the
member exceeded" ;
(c)	by inserting at the end of the same subsection
the following new p a r a g r a p h : —

Any such agreement shall opera te and have

effect unt i l the r e g i s t r a r certifies to the

Governor

Governor that the amount owing to the society by the member in respect of the loan to which the agreement relates , reduced by the value of the share capi tal of the member is not more than sixty-six and two-thirds per centum of the value of the land and dwelling-house as ascer­ ta ined in accordance with p a r a g r a p h (d) of this subsection.

(2) The amendments made by subsection one of this section shall be deemed to have commenced upon the second day of F e b r u a r y , one thousand nine hundred and thir ty-seven, and shall apply to all agreements entered into on or after tha t date notwi ths tanding anyth ing therein contained; and the obligations of the Colonial T r e a s u r e r under any such agreement shall be var ied accordingly; but no such var ia t ion shall opera te to increase the limit of the amount of the Colonial

T r e a s u r e r ' s liability as s ta ted in the agreement .

1 1 . The Co-operation Act, 1923-1936, as amended by subsequent Acts , is fur ther amended—

(a) by inserting next after section eighty-four the following new sect ion:—

84A. (1) This section shall apply to and in respect of—

(a)

every building society for the repay­ ment of an advance to which the Colonial T r e a s u r e r has , e i ther before or af ter the commencement of the Hous ing ( F u r t h e r Provis ions) Act, 1937, executed a guaran tee under the

Government Guarantees Act, 1934, or	unde r t h a t Act as amended by subse­
quent A c t s ;	and

(b)

every building society with which the Colonial T r e a s u r e r has, ei ther before or after the commencement of the Housing ( F u r t h e r Provis ions) Act, 1937, entered into an agreement unde r section 17A of this Act, whether a s originally enacted or as amended f rom time to t ime.

( 2 )

( 2 ) The Governor may, from t ime to

t ime, by notification published in the Gazette, appoin t a person to be a di rector of any build­ ing society to which this section applies.

( 3 ) The provis ions of this Act (other

than this section) and of the rules of the build­ ing society re la t ing to the qualification, disquali­ fication, remunera t ion , removal from office and t e rm of office of d i rec tors and to the vacat ion of office by d i rec tors shall not apply to and in respect of a di rector appointed under this sec­ tion.

(4) A director appoin ted under this sec­ t ion shall hold office as an addi t ional director and shall not be counted in ascer ta in ing the number of d i rectors for the election of whom provision is made in the rules of the society.

(5) Subject to subsection three of this section a di rector appointed under this section shall have all the powers , r igh ts , author i t ies , functions, privi leges, immunit ies , duties, obliga­ t ions and liabilities of a director elected in ac­ cordance with the rules of the society.

(6) A director appointed under this section shall, unless he is an officer of the Public Service or a member of the Legislat ive Council or o' the Legislat ive Assembly of New South Wales , be pa id such fees as may be prescr ibed

by regulat ion.

(b) by inserting next after section eighty-eight the following new sect ions:—

8 8 A . A director or other officer of a building society shall not, except where specifically autho­rised by a special resolut ion of the society—

(a) sell any land to or act as agent for the sale of any land to a member of the society who proposes to pay for the same, in whole or in pa r t , out of an advance made by the society; or

(b)

(b)	undertake the erection of any build­ ing for a member of the society who proposes to pay for the same, in whole or in pa r t , out of an advance made by the society; or
(c)	accept as payment in whole or in part of any moneys due to him by a member of the society the whole or p a r t of any advance made by the society to such member.

88B. (1) This section shall apply to and in

respect of—

(a)	every building society for the repay­ ment of an advance to which the Co­ lonial T r e a s u r e r has, ei ther before or af ter the commencement of the Housing ( F u r t h e r Provis ions) Act, 1937, exe­ cuted a guaran tee under the Govern­ ment Guaran tees Act, 1934, or under tha t Act as amended by subsequent
A c t s ; and -
(b)	every building society with which the Colonial T r e a s u r e r has, ei ther before or af ter the commencement of the Hous ing ( F u r t h e r Provis ions) Act, 1937, entered into an agreement under section 17A of this Act, whether as originally enacted or as amended from
time to time.

(2) The Minis ter may appoint a person to hold an inquiry and to r epor t to the co­ opera t ive building advisory committee with respect to—

(a) any ma t t e r relating to the ca r ry ing

out of the provisions of this or any other Act conferr ing powers or impos­ ing duties on a building society to which this section appl ies ; or

(b)

(b) any act or omission of any director or secre tary of a building society to which this section applies—such act or omis­ sion having relat ion to the ca r ry ing out of the provis ions of this or a n y other Act conferr ing powers or imposing duties on the building society or to t he office or posi t ion held by the director or secre tary or to the powers o r dut ies of t ha t office or posit ion.

(3) F o r the purposes of any such in­ quiry the person holding the inquiry shall have the powers , authori t ies , protect ions and immu­ nit ies conferred on a commissioner by Division 1 of P a r t I I of the Royal Commissions Ac t s , 1923-1934, and shall be deemed to be a sole com­ missioner within the meaning of tha t Division.

The provis ions of the Royal Commissions Acts , 1923-1934, with the exception of section th i r teen and of Division 2 of P a r t I I , shall , muta t i s mutandis , app ly to the inquiry and to any witness or person summoned by or appea r ­ ing before the person holding the inquiry.

(4) The co-operative building advisory committee may, af ter considerat ion of the r e ­ po r t of the pe r son holding an inquiry under this section, direct t ha t the office or posi t ion in a building society of the di rector or secre tary t o whom the r e p o r t re la tes shall be vacated, and tha t such director shall not be eligible to hold

quire) t h a t such secre tary shall not be eligible	office as a di rector of or (as the case m a y re­
for appoin tment or employment as the secre ta ry of tha t building society.
The office or posit ion shall be deemed to have become vacant as f rom the da te upon which notices, addressed to the d i rec tor or secre ta ry to whom the same re la tes and to the society of which he is a director or the secre tary , as the case m a y be, and signed by the cha i rman a n d executive member of the Co-operat ive Bui ld ing

Advisory

Advisory Committee, of the direction of tha t committee, a r e delivered a t or posted to the reg is te red office of the building society.

(5) E v e r y director o r secre tary of a building society to which this section applies shall, whether he was elected or appointed to such office or posi t ion before, or is so elected or appointed after , the commencement of the Hous­ ing ( F u r t h e r Provis ions) Act, 1937, hold his office or posit ion subject to the provis ions of this section.

1 2 . (1) The Co-operation Act, 1923-1936, as amended by subsequent Acts , is fur ther amended—

(a) by inserting at the end of subsection ten of sec­ tion forty-seven the following proviso :—

Prov ided tha t where a society has made a loan, to a member and the number of shares held by such member has exceeded, or at any time ex­ ceeds, the number permi t ted by or unde r this subsection, such member shall, unt i l the amount lent to him has been repa id to the society with in teres t thereon, be liable to make to the society the payments which he would be liable to make if all such shares were lawfully held by him and no securi ty for the repayment of such loan taken by the society shall be affected by any contra­ vention of this subsection.

(b) (i) by omit t ing subsection one of section sixty-

five and by inser t ing in lieu thereof the fol­

lowing subsection:—

(1)

(a) W h e r e a society is author ised by its rules to ra ise money on loan the society may ra ise the money in such manner as the society m a y think fit, and in pa r t i cu la r by legal or equitable mor tgage charged upon the under t ak ing of the society or upon all or any p a r t of the p r o p e r t y and r igh ts (both p resen t and future) of the society, includ­ ing its uncalled or unpa id capital , subscrip­ t ions , loan payments and other moneys, or by the issue of bonds.

(b)

(b) A society shall not be deemed to be author ised to receive money on deposit unless, by i ts rules, it is expressly autho­ r ised to receive money on deposit .

(ii)   by inserting in subsection two of the same

section af ter the word " f i n a n c i a l " the word

" o r " ;

(c) (i) by inser t ing in subsection three of section sixty-six af ter the word " b a n k " the words " o r any society regis tered under the F r i end ly Societies Act, 1912-1935";

(ii)   by omitting from subsection (7A) of the same section the words " d u r i n g such p e r i o d " and by inser t ing in lieu thereof the words " o r if all deposi ts received have been repaid at

the t ime of the l o a n " ;

(iii)   by inserting at the end of subsection (7B) of

the same section the following p a r a g r a p h : —

F o r the purposes of this subsection a bond shall not include any ins t rument which makes any p r o p e r t y liable, whether speci­ fically or otherwise, to any bank or any society regis tered under the F r i end ly Societies Act, 1912-1935, or any financial or t r ad ing corporat ion, or liable specifically to any other person as securi ty for money ra i sed on loan or received on deposit .

(iv) by omit t ing subsection twelve of the same section and by inser t ing in lieu thereof the following subsect ion:—

(12) No member or other person lending money to or deposi t ing money with a society shall be bound to see to the appl icat ion thereof or be in any way affected or p re ­ judiced by the fact tha t such society, in bor rowing such money or receiving such deposit , has contravened the provis ions of this or any o ther section of this Act or the rules of the society.

(d)

(d) by inserting at the end of section eighty the

following new subsection:—

A certificate of reg is t ra t ion of any special resolut ion o r of any a l te ra t ion of the rules of a

(4)

society given by the r eg i s t r a r shall, in favour of any person advancing money to the society on the fai th of such certificate, or in favour of any g u a r a n t o r of any such advance, be conclu­ sive evidence tha t such resolut ion was duly passed or such a l te ra t ion in the rules was duly made as the case may be.

(e)	(i)	by inserting in section one hundred and thir­
teen af ter the words " o f this A c t " where firstly occurr ing the words " o r any rule of
the soc i e ty" ;
(ii)	by inserting in the same section after the
words " o f this A c t " where secondly occur­ r ing the words " o r of the rules of the soc ie ty ."

(2) Subsection one of this section shall be deemed to have commenced on the thirty-first day of December, one thousand nine hundred and thir ty-four .

P A R T V.

AMENDMENT O F HOUSING O P T H E UNEMPLOYED A C T ,

1934-1936.

1 3 . This P a r t of this Act shall be deemed to have

commenced on the twenty-ninth day of J u n e , one thou­

sand nine hundred and thir ty-four .

1 4 .    (1) The Hous ing of the Unemployed Act, 1934-

1936, is amended—

(a)	by inserting next after section six the following
new sect ion:—

6A. (1) The t ru s t may, from time to t ime by

resolution, delegate such of the powers , autho­ r i t ies , dut ies o r functions of the t ru s t or of the

cha i rman as a re specified in the resolut ion—

(a)	to any member of the t r u s t ;
(b)	to any officer appointed under subsec­

t ion two of section six of this Ac t ;

(c)

(c) to any officer or employee of whose ser­ vices the t r u s t makes use p u r s u a n t to subsection one of section six of this Act.

(2) A n y such delegation m a y be made ei ther general ly or for any pa r t i cu la r case	or
class of eases.

( 3 ) Any person, when act ing within the

scope of any such delegat ion to him, shall be deemed to be the t ru s t or the cha i rman as the case may be.

(4) Any ins t rument necessary to be exe­ cuted and any notice, order , summons or other like document requ i r ing authent icat ion for the purpose of the exercise or d ischarge of any power, au thor i ty , du ty or function delegated to any person under this section, shall be suf­ ficiently executed or authent icated, as the case may be, if signed by such person in such a way as to show tha t he does so under and in pur suance of the delegation.

(5) The t ru s t m a y by resolut ion revoke

any delegation made under this section.

(b) by inserting at the end of section eight the fol­ lowing new subsection:—

( 3 ) The t ru s t may, from time to t ime, upon such condit ions as may be determined by it , p rovide assis tance of whatever n a t u r e i t may think fit to any unemployed person or o ther person in necessi tous circumstances in connec­

t ion wi th the erection, improvement or r e p a i r of any bui lding used or in tended to be used as a home for such person and his family.
(c)	by inserting at the end of section nine the fol­ lowing new subsect ion:—

(4) The t ru s t may, from time to t ime, upon such conditions as may be de termined by i t , effect such improvements or r epa i r s as i t m a y deem necessary to—

(a) any building on land which is vested in or leased by the t r u s t ; or

(b)

(b)	any building on land which has been let, leased or sold by the t rus t under this sect ion; or
(c)	any building which has been erected, r epa i red or improved with mate r ia l s supplied by the t rus t or purchased with moneys advanced by the t rus t under and in accordance with this Act.

(2) The Hous ing of the Unemployed Act, 1934- 1936, as amended by this Act, may be cited as the Hous ing of the Unemployed Act, 1934-1937.

S C H E D U L E .

Amount

Date. Debtor. Creditor. guaranteed.

£

16th	D e c ,	The Organising Coun­	Common	w e a l t h
19S3	cil of the Australian	Bank	of	Aus­

British E m p i r e tralia, Sydney. 10,000

Games Association.

29th Sep., Port Kembla Co-opera­ Bank of New South

1937 tive Building Society W a l e s , P o r t

63,000

Limited. Kembla Branch.

29th Sep., Port Kembla Brick Bank of New South

1937 Co-operative Build­ W a l e s . P o r t

34,000
ing Society Limited.	Kembla Branch.

B A R O O G A