State Advances Corporation Buildings Improvement Act of 1932 (23 Geo v No. 19) (Qld)

14078 BANKS. State A~ vances Oorporati01/', Etc., Act. 23 GEO. V. No. 19, BANKS. 23N G o. eo 1 . 9V. . An Act to Approve of an Arrangement between the THE State Advances Corporation constituted under STATE ADVANCES "The State Advances Act of 1916" and the CORPORA- TION Treasurer of the State of Queensland in regard BUILDINGS IMPROVE- to Advances to Certain Persons for Improve- MENTAcT OF 1932. ments to their Residences; and for other purposes. [ASSENTED TO 8TH DECEMBER, 1932.] Preamble. W HEREAS certain funds are available at the Treasury for the purpose of alleviating unemployment: And whereas it is desirable to set apart from time to time portion of such moneys for the purpose of assisting in rehabilitating the building industry (and at the same time assisting employment in such industry) : And whereas it is deemed desirable that an arrangement entered into by the Treasurer of Queensland and the State Advances Corporation constituted under *" The State Advances Act of 1916" be approved for the purpose of enabling such Corporation to administer such loan moneys, whereby such Corporation may make advances to certain persons for improvements to their residences- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: Short title. 1. (1.) This Act may be cited as "The State Advances Oorporation Buildings Improvement Act of 1932." t C io o n n . struc- const(r2u. ) edTahsisonAecwt itshha * l " l T w he he S r t e ate ne A c d e v s a s n ar c y es b A e ct r o e f a 1 d 91 a 6 n . d " Application (3.) The provisions of t" The State Housing Relief 1§o: ~ ~ eo. v. Act of 1930" shall, mutatis mutandis, apply and extend to a person obtaining an advance under this Act. * 7 Geo. V. No. 17, supra, page 9603. t 21 Geo. V. No. 30, supra, page 12928.

UANKS. 14079 1932. State Advattces Corporation,. Etc., Act. 2. In this Act, unless the context otherwise Interpreta. indicates, the following terms have the meanings tion. respectively assigned to them, that is to say :- " Corporation "-The State Advances Corporation Corporation. constituted under *" The State Advances Act of 1916" ; "Prescribed"-Prescribed by this Act; Prescribed. " Residence"-Residence includes the house, and Residence. its appurtenances, necessary outbuildings, fences, paths, tanks, baths, basins, stoves, ovens, grates, and permanent provision for lighting and heating, water supply, sewerage and drainage, but does not include any land; " This Act "-This Act and all Orders in Council This Act. and regulations made thereunder. 3. The Treasurer of Queensland, with the approval Application Qf the Governor in Council, may expend and apply for of moneys. the purposes of this Act such moneys which may be available for such purposes as may from time to time be so approved. 4. The Treasurer of Queensland is hereby authorised State to arrange with the Corporation, and the Corporation ~ dvanc~ shall thereupon, as the fully constituted deputy and t~ % : ~ ~ ~ n attorney of and for the Treasurer of Queensland, be ~ a~ authorised to manage the whole or any part of the usmess. business of the Treasurer of Queensland under this Act, and for so doing the Corporation shall be entitled to receive as the Corporation such annual management fee or commission as is mutually agreed upon by and between the Treasurer of Queensland and the Corporation. Any such arrangement made prior to this Act is approved, ratified, and confirmed. 5. (1.) Subject to this Act, the Corporation may, out Purposes of the funds available for the purposes, make advances for which to persons entitled under this Act, and on such security ~ ~ b~ es as may be approved by the Corporation for any of the made. following purposes, namely :- (a) External and internal painting of residences ; (b) General repairs to preserve residences; * 7 Geo.. V. No. 17, BUpra, page 9603.

14080 BANKS. State Amvances Corporation, Etc., Act. 23 GEO. V. No. 19, (c) Alterations, additions, and other improve~ ments in respect of residences (externally and internally). Such purposes are hereafter collectively referred to as "Proposed improvements." No limit of (2.) An advance under this section may be made income, &c. notwithstanding that the applicant for such advance is at the time of making the application in receipt of an income of more than four hundred and sixteen pounds per annum, and notwithstanding that the applicant own& another residence, and notwithstanding that he does not use any such residence proposed to be improved, or any such other residence, as a home for himself and his family. Applicant (3.) Subject as hereinafter provided, advances under to l?e d this Act shall only be made in respect of an applicant ~ ~ ~ ~ ! i: : or who for the time being is the registered proprietor of of residence. the land on which the residence proposed to be improved is erected, and where such residence is in a city, town, or suburban area. Purchaser under contract of sale. 6. Subject as is hereinafter provided in section eleven of this Act, where a residence is being acquired by the applicant on a system of rent-purchase under a contract of sale, no advance shall be made to the purchaser of the residence unless the vendor shall enter into an agreement in such form as may be prescribed with the Corporation guaranteeing to the Corporation the repayment to the Corporation of any advance made by the Corporation to the applicant purchaser concerned. Limit of 7. Subject as is hereinafter provided, at no time advance!'. shall any advance in respect to anyone residence under this Act exceed three hundred pounds. Extension of Act. 8. Notwithstanding anything in this Act contained, the Governor in Council may by Order in Council published in the Gazette extend the provisions of this Act, with such modifications of or additions thereto as he may think fit, to allow applications for advances to be made thereunder in respect of buildings, including residences, which advances may be in excess of three hundred pounds. Any such Order in Council shall on publication in the Gazette be read and construed as one with this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever.

BANKS. 14081 1932. State Advances Corporation, Etc., Act. B;is 9. The amount of any such advance under this of Act shall in every case be determined by the fair estimated a vance. value of the security for the proposed advance. 10. Subject to this Act, advances shall be secured Security. as follows ;- (i.) Upon the security of a first mortgage or mortgages to the Corporation over the land and improvements (existing and proposed) with respect to which such advance is made and/or upon such other security over real or personal property as to the Corporation seems fit. (ii.) In any particular case where there is or are an existing prior mortgage or mortgages and there is in the opinion of the Corporation sufficient security for the proposed advance, including the personal security of the applicant, advances may, in the discretion of the Corporation, be made on the security of a mortgage subsequent in priority to any such prior mortgage or mortgages; Provided that any prior mortgagee shall agree in writing to the Corporation- (a) That he has no objection to the proposed advance under this Act; (b) That he will not make to the mortgagor any further advance in respect of the property concerned; and (c) That he will hand over to the Corporation all- such deeds, titles, and other relevant securities in the event of the release of such prior mortgage. 11. Notwithstanding anything in this Act contained, Further it shall be within the absolute discretion of the pcowers °t~ Corporatl. On, under the speC.la I c ' Ircums t ances 0 f any in osrppeocriaalIon particular case, to make any advance under this Act cases. to an approved applicant which advance may be secured- (a) By a registered or unregistered mortgage, or by an equitable mortgage by means of the deposit with the Corporation of the title of the land offered as security notwithstanding the provisions of the proviso of the previous section; or (b) By way of personal, collateral, and/or other security as is in the opinion of the Corporation sufficient.

14082 BANKS. State Advances Corporation, Etc., Act. 23 GEO. V. No. 19, Repayment 12. The advance with interest at the rate of five of advances. pounds per centum per annum shall be repaid by the person obtaining the advance to the Corporation according to the terms, provisions, conditions, and stipulations prescribed in the mortgage or in the document of security for the advance concerned within a term fixed by the Corporation not exceeding ten years by payment on the prescribed day of each month in each year of the monthly instalments fixed by the Corporation until the whole advance with interest at the rate aforesaid has been repaid. Fees. 13. The fees payable in respect of applications for advances applied for or for advances made under this Act shall be as prescribed and may in the discretion of the Corporation be added to the advance approved, and in that event shaH form part of such advance notwith- standing that the maximum advance under this Act shall thereby be exceeded. Further 14. It is hereby declared that any applicant provisions. for an advance under this Act shall give to the Corporation an undertaking in the prescribed form that the work to be performed in respect of which the application for the advance is made shall be as far as practicable given to contractors, tradesmen, and/or workers who may be unemployed, and that all workers shall for the performance of the work be paid wages at the rate specified in any Award or Industrial Agreement for the time being in force pursuant to *" The Industrial Conciliation and Arbitration Acts, 1929 to 1931," and applicable to the worker concerned. Moreover, any such undertaking shall be accompanied by a further undertaking by any contractor concerned that any workers employed in the work by such contractor shall, as far as practicable, be unemployed workers, and shall for the performance of the work be paid wages at the rate specified in any Award or Industrial Agreement for the time being in force pursuant to *" The Industrial Conciliation and Arbitration Acts, 1929 to 1931," and applicable to the worker concerned. Application 15 The provisions of t" The State Advances Act A o d f v " a T nC h 1 e 38 State o • J .f 1916·" sha11, mutat~ . s mutand ~ · s, app1y so f ar as same Actoj 1916." may be applicable to applications for advances under * 20 Geo. V. No. 28 and amending Acts, supra, pages 12565 et seq. t 7 Geo. V. No. 17, supra, page 9603.

BANKS. 14083 1932. State Advances Corporation, Etc., Act. this Act, and to the mortgagor, and for the recovery of moneys advanced, and generally for the giving full effect to the objects and purposes of this Act. Without limiting the generality of the above provisions, the provisions of section twenty-seven of *" The State Advances Act of 1916" shall apply to this Act, provided also that in addition to the powers thereunder regulations may be made in respect of all matters or things necessary or expedient to give full effect to the objects and purposes of this Act. 16. No matter or thing done and no agreement ~xemption entered into by the Corporation or any officer or other p~ : ! nal person on behalf of or under the direction of the liability. Corporation, or by the Treasurer of Queensland or other Minister of the Crown or any officer or other person on his behalf or under his direction shall, if the matter or thing was done or the agreement was entered into bona fide for the purposes of this Act, subject the Corporation or the Treasurer of Queensland or other Minister of the Crown or any such officer or other person to any personal liability in respect thereof. 17. Any advance made in respect of any application ~ at: fcation made prior to the passing of this Act, shall for all purposes 0 a vances. be deemed to be an advance under this Act, and any such advance so made or purporting so to be made is hereby approved, ratified, and confirmed, and such advance and any application in respect thereof shall for all purposes be and be deemed to be an advance under this Act and in respect of an application under this Act, and to this extent this Act shall have retrospective . operation. * 7 Geo. V. No. 17, supra, page 9603. BIRTHS, NOTIFICATION OF. See HEALTH. BRANDS AMENDMENT. See STOCK (1).