State Housing Act 1945 (Qld)

STATE HOUSING ACT 1945

Queensland STATE HOUSING ACT 1945 Reprinted as in force on 1 April 2003 (includes commenced amendments up to 2003 Act No. 1) Reprint No. 3F This reprint is prepared by the Ofﬁce of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 April 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is speciﬁc to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland STATE HOUSING ACT 1945 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4A Application of Act regarding Building Units and Group Titles Act 1980. . . 9 4B Application of Act for BCCM Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Repeal of State Advances Act 1916. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Dissolution of State Advances Corporation . . . . . . . . . . . . . . . . . . . . . . . . . 11 TRANSFER OF ASSETS ETC. TO THE COMMISSION 7 Vesting of assets and liabilities in the commission . . . . . . . . . . . . . . . . . . . . 11 PART 2—ADMINISTRATION OF ACT AND CONSTITUTION AND POWERS OF THE QUEENSLAND HOUSING COMMISSION 8 Administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 9 Constitution of Queensland Housing Commission . . . . . . . . . . . . . . . . . . . . 15 10 General powers and duties of chief executive . . . . . . . . . . . . . . . . . . . . . . . . 16 10A Delegation of chief executive’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 10B District ofﬁces and agents of the commission. . . . . . . . . . . . . . . . . . . . . . . . 17 11 Ofﬁcers and employees employed under Public Service Act . . . . . . . . . . . . 17 12 Salaries payable out of the fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13 Commission may manage business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Validation of certain action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 15 Application of administrative provisions of sch to commission . . . . . . . . . . 19 16 Queensland Housing Commission Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 17 Loans by Government to commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 17A Commission is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 18 Power to vest other lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

2 State Housing Act 1945 19 Exemption from rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 General duty of the commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Functions of the commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Special powers of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22A Provision for payment upon erection of 1 of several dwelling houses under contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22B Provision of land for industry, trade or business . . . . . . . . . . . . . . . . . . . . . . 22C Commission may make grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22D Commission may enter into joint ventures . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3—ADVANCES FOR HOUSING PURPOSES 23 Power to commission to make advances to eligible persons for erection of dwelling houses etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23A Advances for the purchase of dwelling houses . . . . . . . . . . . . . . . . . . . . . . . PART 4—SALE OF HOUSES 23B Sale of lots under Building Units and GroupTitlesAct or BCCM Act to pensioners ............................................ 24 Power to commission to sell houses to eligible persons . . . . . . . . . . . . . . . . 24A Power of commission to provide home sites . . . . . . . . . . . . . . . . . . . . . . . . . 24B Application of Act to workers’ homes perpetual town leases . . . . . . . . . . . . 24C Rental provisions regarding perpetual leases . . . . . . . . . . . . . . . . . . . . . . . . 25 Discretion of commission as to making of contract of sale . . . . . . . . . . . . . PART 4A—ENCOURAGEMENT AND AID IN BUILDING HOUSES 25B Home builders’ insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5—LETTING OR LEASING OF HOUSES 25C Power of commission to let or lease houses to employers for housing employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Letting or leasing of houses to eligible persons . . . . . . . . . . . . . . . . . . . . . . PART 5A—ADVANCES FOR HOUSING FOR EMPLOYEES 26A Power of commission to make advances for housing for employees . . . . . . 26B Act to apply with respect to advances under this part . . . . . . . . . . . . . . . . . . 26C Powers of body corporate with respect to borrowing under this part . . . . . . PART 5B—SALE OF EMPLOYEE HOUSING 26D Sales of houses let or leased by employers . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 22 23 28 28 31 32 33 35 38 40 46 51 52 54 55 61 62 63 66 67 68

3 State Housing Act 1945 PART 6—ARRANGEMENTS WITH THE COMMONWEALTH 27 Commission to manage business of Commonwealth-State Housing Scheme ........................................ 28 Prior arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Financial arrangements in respect of Commonwealth-State Housing Scheme ......................................... PART 6A—ADVANCES TO APPROVED HOUSING INSTITUTIONS 29A Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29B Approved housing institutions advances account . . . . . . . . . . . . . . . . . . . . . 29C Approval of loans from the account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29D Approved housing institutions authorised to receive loans . . . . . . . . . . . . . . 29E Loan from the account charged on property and assets of borrower. . . . . . . PART 6B—APPLICATION OF RESIDENTIAL TENANCIES ACT 1994 29F Deﬁnition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29G Application of pt 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29H Application of Residential Tenancies Act1994 . . . . . . . . . . . . . . . . . . . . . . PART 6C—TERMINATION OF HOUSING TRUSTS 29I Deﬁnitions for pt 6C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29J Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29K Transfer of assets and liabilities to commission . . . . . . . . . . . . . . . . . . . . . . 29L References in documents to public trustee . . . . . . . . . . . . . . . . . . . . . . . . . . 29M Recording of transfer of assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29N Powers of commission under certain transferred mortgages. . . . . . . . . . . . . 29O Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29P Unpaid remuneration or expenses of trustee under trusts . . . . . . . . . . . . . . . 29Q Costs of termination of trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29R Part applies despite other laws, instruments etc. . . . . . . . . . . . . . . . . . . . . . . PART 6D—ADVANCES TO ENABLE CONDUCT OF RESIDENTIAL SERVICES 29S Deﬁnitions for pt 6D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29T Loan to meet building costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29U Non-application of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 70 70 71 71 72 73 73 73 73 74 74 75 75 75 75 76 76 76 76 77 77 77 78

4 State Housing Act 1945 PART 7—MISCELLANEOUS 30 Advances to be secured by mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30AA Criminal Code does not apply in certain circumstances . . . . . . . . . . . . . . . . 30A Discretion as to requirement re ownership of dwelling house . . . . . . . . . . . 31 Special conditions as to borrowing may be imposed . . . . . . . . . . . . . . . . . . 32 Restricted application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32AA Declaration of standard interest rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32AB Interest rates for certain advances and contracts of sale . . . . . . . . . . . . . . . . 32AC Interest rates for advances under transferred mortgages . . . . . . . . . . . . . . . . 32A Interest rates payable by borrowers and purchasers in respect of certain advances and contracts of sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Rate of interest payable by borrowers and purchasers of homes . . . . . . . . . 33A Priority of amounts added to principal under mortgage . . . . . . . . . . . . . . . . 34 Money due by borrower is a debt to Crown . . . . . . . . . . . . . . . . . . . . . . . . . 35 Penalty for procuration fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Judgment of court not to affect security . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Construction of the Co-ordination of Rural Advances and Agricultural Bank Act 1944, s 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Perfecting security over holdings when freehold acquired subsequent to mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38A Land Act applies to deeds of grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Protection of commission and ofﬁcers from personal liability . . . . . . . . . . . 41 Person taking fee or reward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Secretary of commission etc. to be auctioneer . . . . . . . . . . . . . . . . . . . . . . . 43 Lessee or tenant wrongfully holding over . . . . . . . . . . . . . . . . . . . . . . . . . . . 43A Justice to issue warrant for possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Audit of accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Annual report to Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Validation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Transitional provision for State Housing andOtherActsAmendment Act 2002 .................................... 78 79 80 80 80 80 81 82 82 83 87 87 87 88 88 88 89 89 89 90 91 92 94 95 95 95 95 98 98

5 State Housing Act 1945 51 Validation of annual rental charged for s 22B . . . . . . . . . . . . . . . . . . . . . . . . 98 52 Transitional provision for Discrimination Law Amendment Act 2002 . . . . . 99 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 100 1 Delivery of matters in possession of employee at removal . . . . . . . . . . . . . . 100 RESERVE FUND 2 Reserve fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 APPLICATIONS 7 Applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 9 Advance to be deemed a loan until repaid in full and at prescribed rate of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 10 Advances by lump sum or instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 11 Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 12 Repayment of advance for dwelling houses . . . . . . . . . . . . . . . . . . . . . . . . . 103 13 Prepayment of unpaid balance of advance . . . . . . . . . . . . . . . . . . . . . . . . . . 105 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 14 Additional advances may be added to principal of loan . . . . . . . . . . . . . . . . 106 15 Remedies of the commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 16 Power to capitalise arrears of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 17 In event of no purchaser land to vest in commission . . . . . . . . . . . . . . . . . . 108 18 Provisions for cases of hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 19 Mortgages of miner’s homesteads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 20 Mortgagor to effect necessary repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 21 Conditions annexed to land whilst subject to advances . . . . . . . . . . . . . . . . 112 22 Power to lease in lieu of selling etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 23 Abandoned dwelling houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 24 Transfer of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 25 Powers of commission as lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 26 Accumulation of purchase deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 116 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

6 State Housing Act 1945 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 8 Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 131

s1 7 s4 State Housing Act 1945 STATE HOUSING ACT 1945 [as amended by all amendments that commenced on or before 1 April 2003] An Act to make better provision for housing and improving the housing requirements and conditions in the State, to provide for the constitution of and powers and authorities of a State housing commission, to provide for advances for housing, and for other purposes PART 1—PRELIMINARY 1 Short title This Act may be cited as the State Housing Act 1945 . 4 Deﬁnitions (1) In this Act— “BCCM Act” means the BodyCorporateandCommunityManagementAct 1997 . “capital cost” , of a house together with the land on which it is situate, includes the value of the land, the costs of and incidental to the erection of the house, together with a sufficient sum to cover any costs incurred or assessed by way of fees in respect of salaries paid or payable to architects, clerks of works, surveyors, or other persons and the cost (if any) of survey and subdivision and the value of so much of the land purchased or acquired as is laid out as streets, the cost of clearing, draining, fencing or otherwise improving the land by the commission, and any other costs incidental to the purchase, acquisition and disposal of the land together with the interest as assessed by the commission on all expenditure in connection with the house and land.

s4 8 s4 State Housing Act 1945 “chief executive (valuations)” means the chief executive within the meaning of the Valuation of Land Act 1944 . “commission” means the Queensland Housing Commission created by this Act, and where necessary includes the chief executive, secretary or any officer of the commission. “dwelling house” includes the house and its appurtenances, the part or parts of a building comprising a lot shown on a building units plan registered pursuant to the Building Units and Group Titles Act 1980 or a lot that, under the BCCM Act, is a lot included in a community titles scheme, necessary outbuildings, fences, and permanent provision for lighting, water supply, drainage, and sewerage, but does not include any land. “fund” see section 16(1). “house” includes dwelling house. “land” includes (but without limiting its ordinary meaning or the meaning assigned to it by the Acquisition of Land Act 1967 ) any land the fee simple of which is subject to any trust or which is held from the Crown upon any tenure or subject to any trust under any Act relating to the alienation of Crown lands, and also includes any estate or interest in land (legal or equitable) and any easement, right, power, or privilege over, on, or in connection with land. “Land Act” means the Land Act 1994 or any Act in substitution for the same. “Local Government Acts” means the LocalGovernmentAct1993 , and the City of Brisbane Act 1924 . “mortgage” means any deed, memorandum of mortgage, instrument or agreement whereby security for payment of advances and moneys is made in favour of the commission over real or personal property or any interest therein, and also includes a contract of sale under this Act where payment to the commission of the unpaid purchase money is secured in whole or in part on the property the subject of such contract of sale. “mortgagor” means the person liable to payment of moneys secured by mortgage, and also includes a purchaser under a contract of sale. “secretary” means the secretary or person for the time being performing the duties of secretary.

s 4A 9 s 4A State Housing Act 1945 “standard ﬁxed interest rate” , for a period, means the standard fixed interest rate for the period declared by the Minister under section 32AA(1). “standard interest rate” means— (a) the standard ﬁxed interest rate for a period; or (b) the standard variable interest rate. “standard interest rate policy” see section 32AA(2). “standard variable interest rate” means the standard variable interest rate declared by the Minister under section 32AA(1). Remedy against land includes improvements (2) Where by this Act any remedy is given to the commission against or with respect to any land, “land” includes not only the land but also all improvements thereon. (3) Wherever appearing in this Act— “house” or “home” shall have the meaning assigned by this section to the term ‘dwelling house’. 4A Application of Act regarding Building Units and Group Titles Act1980 (1) The provisions of this Act which apply to or with respect to and all things that may be done under this Act in respect of land held in fee simple shall apply to or with respect to and may be done in respect of— (a) land subdivided or resubdivided into lots and common property by the registration of a plan pursuant to the Building Units andGroup Titles Act 1980 ; and (b) any lot shown on a plan referred to in paragraph (a). (2) Any provision of this Act authorising the subdivision, replan or resubdivision of land shall be construed, in the case of land held in fee simple, as including authority to subdivide and resubdivide that land into lots and common property by the registration of a plan pursuant to and subject to the Building Units and Group Titles Act 1980 .

s 4B 10 State Housing Act 1945 s5 4B Application of Act for BCCM Act (1) This Act applies to land that, under the BCCM Act, is scheme land for a community titles scheme in the same way as to other land held in fee simple. (2) A reference in this Act to ‘subdivision’ or ‘resubdivision’ of land extends to subdivision or resubdivision of land by registration or amendment of a plan under the Land Title Act 1994 for the establishment or amendment of a community titles scheme under the BCCM Act. 5 Repeal of State Advances Act 1916 (1) Subject to this Act and without prejudice to the provisions of the Acts Shortening Acts, the State Advances Act 1916 (as amended by the Commonwealth Bank Agreement Ratification and State Advances Act 1920 , the State Advances Act and Other Acts Relief Amendment Act 1934 , and orders in council made thereunder) is repealed (the “repealed Acts” ). Savings in respect of other Acts (2) The provisions of— (a) the State Housing Relief Act 1930 ; (b) the State Advances Act and Other Acts Relief Amendment Act 1934 ; (c) the State Advances Acts and Other Acts (Rate of Interest) Act 1943 ; (d) the State Advances Corporation Building Improvement Act 1932 ; and all orders in council in force at the commencement of this Act made thereunder shall continue in full force and effect, and without limiting the generality of this provision to the intent that all the powers, authorities, rights, title, interest, duties and obligations of the corporation and, as the case may be, of any such mortgagor shall be unaffected and shall enure accordingly to the full extent as if this Act had not been passed. (3) However, any reference in such Acts to the State Advances Corporation shall be a reference to the Queensland Housing Commission constituted under this Act. (4) In addition, with respect to any advance referred to in the Agricultural Bank Act 1923 , section 9(3), any part of which advance remains unpaid at the commencement of this Act, all of the applicable

s 6 11 s 7 State Housing Act 1945 provisions of the repealed Acts or any of them shall, notwithstanding the repeal thereof, continue in force while any part of such advance remains unpaid. 6 Dissolution of State Advances Corporation (1) Upon the commencement of this Act the corporation constituted by the repealed Acts by the name of the State Advances Corporation is hereby dissolved and the State Advances Fund created by the repealed Acts shall be closed. (2) Such corporation so dissolved may be referred to as the “dissolved corporation” . TRANSFER OF ASSETS ETC. TO THE COMMISSION 7 Vesting of assets and liabilities in the commission (1) Forthwith upon the commencement of this Act— (a) all moneys, debentures, and treasury bills, and securities for money, and all interest thereon, and all books, documents, and other property held by or on behalf of the dissolved corporation; and (b) all the assets and liabilities of the dissolved corporation; and (c) all powers, authorities, rights, title, interest, and obligation in or with respect to such assets and liabilities or any of them; under or pursuant to the repealed Acts or any other Act shall forthwith by virtue of this Act, and without any transfer or assignment whatever, pass to and become vested in and imposed upon the Queensland Housing Commission constituted under this Act as hereinafter provided (the “commission” ) and be divested and discharged from the dissolved corporation. (1A) However, nothing in this Act shall prejudice or affect the agreement between the Governor of the Commonwealth Bank of Australia and the Treasurer as set forth in the Commonwealth Bank Agreement Ratification and State Advances Act 1920 , schedule 1.

s 7 12 s 7 State Housing Act 1945 Rights of action and under contracts (2) Any right of action or other remedy accrued to or against and any power or authority vested in or exercisable by and any agreement, undertaking, mortgage, debenture, bond, lease, deed, guarantee, covenant, or obligation made, given, or entered into by, to or with the dissolved corporation (other than such of them as by the aforesaid agreement are transferred to, vested in or imposed upon the said Commonwealth Bank) may be prosecuted and enforced by or against the commission as if the right of action or remedy had originally accrued to or against or the power or authority had originally been vested in or exercisable by or the agreement, undertaking, mortgage, debenture, bond, lease, deed, guarantee, covenant, or obligation had been made, given, or entered into by, to, or with the commission. Existing advances (3) The following provisions shall apply in respect of advances made or purporting to be made under or pursuant to the repealed Acts or any other Act or law before the commencement of this Act by the dissolved corporation, and whether made by the dissolved corporation as principal or as attorney or as agent or on behalf of any Minister, any part of which advance or the interest thereon remains unpaid at the commencement of this Act— (a) such advances shall be repaid, and interest thereon shall be paid to the commission at the times and in the amounts prescribed by the Act under or pursuant to which the advance was made or by any regulation or instrument thereunder; (b) the commission may take any proceeding or exercise any right or remedy which under such Act might have been taken or exercised by the dissolved corporation; (c) the land and other property mortgaged as security for the advances aforesaid shall continue to be charged with the repayment of such advances with interest thereon. Operation of securities for advances and further advances (4) All mortgages and other securities executed by way of security for any advance (including, if it be so, any further advances) under or pursuant to any of the repealed Acts or any other Act or law, as the case may require, shall for all purposes, including any further advances that may be made under this Act, be construed as if the commission were party thereto instead

s 7 13 s 7 State Housing Act 1945 of the dissolved corporation, and this Act shall apply to all such advances or further advances. Adjustments (5) All accounts, documents, books, and papers relating to any such advance shall be transferred to and be kept by the commission; and such adjustments of account shall be made in the books of the dissolved corporation as may be necessary to give effect to this section. Agreements for management of certain advances (6) Where under the provisions of any Act any Minister or body corporate is empowered to enter into any arrangement or agreement with the dissolved corporation whereby the dissolved corporation is to manage on behalf of such Minister or body corporate the whole or any part of his, her or its business so far as consists of the making and regulation of advances under such Act, such Minister or body corporate may enter into a like arrangement or agreement with the commission for the like purposes, and the same shall be given effect to; or where such Minister or body corporate has already entered into such arrangement or agreement as aforesaid with the dissolved corporation and the same is subsisting at the commencement of this Act, then by virtue of this Act the commission shall as and from the commencement of this Act be deemed to be the party to every such arrangement or agreement in lieu of the dissolved corporation, and every such arrangement or agreement shall be read and construed and have effect accordingly. Pending applications (7) Applications by any person to the dissolved corporation for any advances pending at the commencement of this Act, and whether or not any advance or instalment has been made, may be dealt with and completed by the commission as if such applications were respectively made for advances under this Act. Closure of State Advances Fund (8) All moneys to the credit at the Treasury of the State Advances Fund constituted under the repealed Acts shall by virtue of this Act be transferred to the Queensland Housing Commission Fund constituted under this Act. Proceedings (9) All actions and proceedings and things lawfully had and done by the dissolved corporation shall be and continue to be in full force and effect to all intents and purposes as if the same had been had and done by the

s 7 14 s 7 State Housing Act 1945 commission constituted under this Act, and if the same are not completed may be continued and completed by the commission constituted under this Act; and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained. Penalties (10) All penalties, fees, ﬁnes, and forfeitures which at the commencement of this Act may be enforceable or recoverable by the dissolved corporation shall and may be enforced and recovered by the commission constituted under this Act. Proclamations, orders in council, regulations etc. continued (12) All proclamations, orders in council, and regulations made under the repealed Acts and in force at the commencement of the amendments to this Act made by the PublicService(AdministrativeArrangements)Act1990 (No. 2) shall continue in force until the same or any of them are amended or superseded by proclamations, orders in council or regulations under this Act; and in the construction of such proclamations, orders in council, or regulations references to the expression ‘State Advances Corporation’ or ‘corporation’ shall be deemed to be references to the commission constituted under this Act; and references to the expression ‘manager’ of the dissolved corporation shall be deemed to be references to the commission or, as the case may require, to the chief executive or secretary thereof, as the case may be, constituted and appointed under this Act; and references to any ofﬁcer of the dissolved corporation shall be deemed to be references to the ofﬁcers of the commission constituted under this Act authorised or appointed in like behalf. Records (13) All instruments, documents, records, plans, correspondence, and all books and writings the property of the dissolved corporation shall be and are by virtue of this Act hereby handed over to the commission constituted under this Act, and shall and hereby become the property of such lastmentioned commission. References in other Acts (14) Where in any Act or in any regulation, proclamation, or order in council a reference is made to the dissolved corporation or to the manager thereof, as the case may be, such reference shall, on and after the commencement of the amendments to this Act made by the Public Service(AdministrativeArrangements)Act1990 (No. 2) , and subject as may be otherwise provided in this Act, be deemed to be a reference to the

s 8 15 s 9 State Housing Act 1945 commission constituted under this Act or to the chief executive or secretary thereof, as the case may require. PART 2—ADMINISTRATION OF ACT AND CONSTITUTION AND POWERS OF THE QUEENSLAND HOUSING COMMISSION 8 Administration of Act This Act shall be administered by the Minister; and under the Minister the commission, by the chief executive and other ofﬁcers appointed or deputed in that behalf, is hereby authorised to carry out the provisions of this Act. 9 Constitution of Queensland Housing Commission (1) For the purposes of this Act there shall be a housing authority called the Queensland Housing Commission (the “commission” ) constituted as hereinafter provided. (2) The chief executive representing the Crown is hereby constituted a corporation sole under the name and style of the Queensland Housing Commission and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued, and shall, subject to this Act, have power to take, purchase, take on lease, sell, exchange, lease, assign, transfer, surrender to the Crown and hold lands, goods, chattels, securities and other property. (3) All courts, judges, justices and persons acting judicially shall take judicial notice of the constitution of the Queensland Housing Commission and of the appointment of the chief executive or secretary thereof, and of their respective signatures and of the seal of the commission affixed to any document or notice, and until the contrary is proved shall presume that any such signature or such seal, as the case may be, was duly affixed to any document or notice concerned.

s 10 16 s 10A State Housing Act 1945 Crown agency (4) For all the purposes of this Act— (a) the commission shall have and may exercise all the powers, privileges, rights, and remedies of the Crown; (b) the commission shall have and may exercise all such powers, authorities, and discretions, and may do all such acts and things, as a private person in Queensland has or may exercise or do, and the commission generally may do whatever it deems necessary in connection with or incident to any business carried on by it. These powers additional to others (5) The powers conferred by this section shall be in addition to any other powers conferred upon the commission by this Act. 10 General powers and duties of chief executive The chief executive shall— (a) advise the Minister on matters connected with this Act generally; (b) make or cause to be made any inquiry or investigation required by this Act or any inquiry or investigation which the Minister may think necessary or expedient so to make. 10A Delegation of chief executive’s powers (1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified person. (2) A delegation of a power may permit the subdelegation of the power to an appropriately qualified person. (3) In this section— “appropriately qualiﬁed” includes having the qualifications, experience or standing appropriate to exercise the power. Example of ‘standing’— A person’s classiﬁcation level in a department.

s 10B 17 State Housing Act 1945 s 11 10B District ofﬁces and agents of the commission A regulation may— (a) establish a district ofﬁce of the commission; or (b) appoint an agent of the commission. 11 Ofﬁcers and employees employed under Public Service Act (1) The secretary to the commission (the “secretary” ), an officer in charge of a district office of the commission (a “district officer” ), and other officers and employees necessary for this Act are to be employed under the Public Service Act 1996 . Secretary to have custody of seal (5) The secretary shall be charged with the custody of the ofﬁcial seal of the commission, and shall have power to execute documents on behalf of the commission and to afﬁx the ofﬁcial seal of the commission, and shall also have such other powers and perform such other duties as are from time to time prescribed or, subject as so prescribed, delegated to the secretary by the commission. Duplicate seal (5A) The commission may authorise the making of duplicates of the ofﬁcial seal and may authorise in writing, any person, either generally or in a speciﬁc case, to afﬁx a duplicate of the ofﬁcial seal to any document or writing which that person is authorised in writing to seal on behalf of the commission. Cooperation by other State departments etc. (6) Every department, every Crown corporation or instrumentality, or corporation or instrumentality representing the Crown, every local government, or any other relevant body which may hereafter be constituted shall, subject to approval by the Minister and agreement in that behalf between the Minister as deﬁned in this Act and the other Minister of the Crown (if any) for the time being administering such other department, corporation, instrumentality, local government or other body, cooperate with the commission in the carrying out of this Act. (7) Without limit to the generality of the preceding provisions of this section, the commission shall, subject to ministerial approval and agreement as hereinbefore mentioned in this section, have power and authority to consult with and use the services in his or her official capacity

s 12 18 s 13 State Housing Act 1945 of any officer of any department, Crown corporation or instrumentality, or corporation or instrumentality representing the Crown, local government or local body, or other body, for the purposes of any act, matter, or thing arising out of or in connection with the purposes of this Act. (8) Subject to ministerial approval and agreement as hereinbefore mentioned in this section, every officer of any department, Crown corporation or instrumentality, or corporation or instrumentality representing the Crown, local government or local body shall make himself or herself available for consultation or service as required by the commission for the purposes of any act, matter, or thing arising out of or in connection with this Act, including the furnishing by such officer of statistical, technical, financial, or other information in the possession of or available to or obtainable by such officer in the officer’s official capacity and which in the opinion of the commission is or may be material to or in respect of any such purpose. (9) Nothing in this Act shall prejudice or affect the powers, functions, and authorities of the coordinator-general constituted under the State Development and Public Works Organization Act 1971 . 1 12 Salaries payable out of the fund Subject to this Act, the salaries, wages, or allowances of the chief executive and all other ofﬁcers and employees of the commission shall be paid out of the fund. 13 Commission may manage business The commission may, subject to the Minister, arrange with any Crown instrumentality or Crown corporation or Minister representing the Crown to manage, and such commission shall thereupon, as the fully constituted deputy and attorney of and for such Crown instrumentality or Crown corporation or Minister representing the Crown, be authorised to manage the whole or any part of the business of the Crown instrumentality or Crown corporation or Minister representing the Crown, and for so doing the commission shall be entitled to receive such annual management fee or commission as is mutually agreed upon between the commission and the Crown instrumentality, or Crown corporation or Minister concerned. 1 Now see the Acts Interpretation Act 1954 , section 14I and the State Developmentand Public Works Organisation Amendment Act 1999 , section 2, schedule.

s 14 19 s 16 State Housing Act 1945 14 Validation of certain action (1) All acts, matters and things done or executed by the State Advances Corporation in aid of State housing prior to the passing of this Act or subsequent to its passing prior to its commencement, which if done or executed by the commission or by the chief executive subsequent to such commencement would be valid and lawful, are and shall always have been lawful, and are hereby authorised, approved, ratified, confirmed, and validated accordingly. (2) This section shall take effect on the passing of this Act. 15 Application of administrative provisions of sch to commission The provisions of the schedule apply to the commission in the exercise of its powers under this Act. 16 Queensland Housing Commission Fund (1) The Queensland Housing Commission Fund (the “fund” ) is continued in existence subject to the Financial Administration and AuditAct 1977 , part 8, division 2. 2 (1A) Accounts for the fund must be kept as part of the departmental accounts of the department. (2) Amounts received for the fund must be deposited in a departmental financial-institution account of the commission but may be deposited in an account used for depositing other amounts of the commission. (3) Amounts received for the fund include— (a) amounts paid to the department as part of the department’s departmental vote under the Financial Administration and AuditAct1977 and made available by the department to the commission for the fund; and (b) all moneys repaid to the commission for advances and interest on advances made under this Act or another Act; and (c) all other moneys received by the commission. 2 FinancialAdministrationandAuditAct1977 , part 8 (Transitional provisions), division 2 (Transitional provisions for FinancialAdministrationLegislationAmendment Act 1999)

s 17 20 s 17A State Housing Act 1945 (4) Subject to this Act all advances by the commission made under this Act shall be payable out of the fund. (5) Subject to this Act all moneys expended in pursuance of this Act in respect of costs of any land and buildings purchased or acquired under this Act, costs of subdivision and preparation of lands for the purposes of the Act, and all other costs, charges and expenses incurred in the administration of this Act shall be payable out of the fund. (6) Until applied for the purpose for which paid into the fund the commission shall pay on deposit or other trust moneys such interest as would be payable thereon were such moneys deposited in the Commonwealth Savings Bank. (7) In this section— “departmental accounts” , of a department, means the accounts of the department under the Financial Administration and Audit Act 1977 , section 12. “departmental ﬁnancial-institution account ”, of a department, means an account of the department kept under the FinancialAdministrationand Audit Act 1977 , section 18. “other amounts” , of a department, means amounts received by the department other than amounts received for the fund. 17 Loans by Government to commission The Governor in Council may by warrant under the hand of the Treasurer direct and authorise loans to be made to the said commission out of the consolidated fund. 17A Commission is statutory body (1) Under the StatutoryBodiesFinancialArrangementsAct1982 , the commission is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the commission’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .

s 18 21 s 19 State Housing Act 1945 18 Power to vest other lands (1) The Governor in Council may at any time, by order in council, vest in fee simple in, or place under the permanent or temporary control of, the commission any Crown land to be used for the purposes of the business of the commission. (1A) An order in council under subsection (1) is not subordinate legislation. (2) The value of any land vested in fee simple in the commission under this section shall be fixed by the Governor in Council, and the amount thereof shall be debited against the fund, and deemed to be an investment. Setting apart Crown land for the purposes of this Act (3) The Governor in Council may from time to time, by notiﬁcation in the gazette, set apart any vacant Crown land to be used for the purposes of this Act; and thereupon such land shall become and be available for the purposes of this Act. 19 Exemption from rating (1) Land, including any lot shown on a plan registered pursuant to the Building Units and Group Titles Act 1980 or that, under the BCCM Act, is a lot included in a community titles scheme, for the time being vested in fee simple in the commission or occupied by it for the purpose of carrying on the business of the commission shall not be deemed to be rateable land within the meaning of the Local Government Acts. (2) Subsection (1) does not apply to— (a) land that is the subject of a section 24 contract; or (b) land in which a person has a share that the person bought under a section 24 contract. 3 (3) In this section— “section 24 contract” means a contract of sale entered into under section 24 under which— 3 See section 50 (Transitional provision for State Housing and Other Acts AmendmentAct 2002 ).

s 20 22 s 21 State Housing Act 1945 (a) the purchasing price, other than any deposit, is payable in 2 or more instalments; or (b) the sale is of a share in a house and land. 20 General duty of the commission (1) Subject to the Minister it shall be the general duty of the commission to attain, so far as may be, the general improvement of the housing conditions of the citizens of this State, and without limiting the generality of this duty, to provide for adequate and suitable housing accommodation for persons of limited means and for persons not otherwise adequately housed. (2) For the purposes of this Act the commission may— (a) carry out all such surveys and investigations as may be necessary or expedient for the purposes of this Act, or for the purpose of ascertaining the housing conditions in any locality; and (b) recommend making of local laws by local governments. 21 Functions of the commission (1) The commission shall, in addition to the duties as above prescribed, be entrusted with the duty of dealing with applications made under— (a) this Act; or (b) any other Act or law in relation to housing, the administration whereof is or may be entrusted to the commission. (2) For the purpose of exercising such duties as aforesaid, the commission shall have power and authority— (i) to inquire into and consider applications as herein provided; (ii) to require any further or other information in respect of any such application; (iii) to approve of any such application (either wholly or in part); (iv) to refuse any such application. (3) The commission shall also have such advisory powers as may from time to time be prescribed, and such other powers as may be imposed by the Minister on the commission.

s 22 23 s 22 State Housing Act 1945 Further functions of commission (4) In addition to the powers, authorities, and functions of the commission as otherwise provided in this Act, it shall be the duty of the commission, subject to the Minister— (a) to formulate generally proposals for improving the housing conditions generally of the State and to make recommendations to the Minister in regard thereto; (b) to ensure the effective administration of this Act, and for the effective organisation and performance of the work involved in dealing expeditiously with applications and the commission’s administration; (c) to cooperate and consult with a local government or any other town planning body in respect of any planning scheme of the local government or body concerned or to make recommendations to the local government or body concerned as to the formulation by such local government or body of any such planning scheme; (d) to cooperate and consult with a local government in respect of any scheme within the powers and jurisdiction of the local government concerned with the object of preventing or remedying conditions usually referred to as ‘slumming’ conditions, or to make recommendations to the local government concerned as to the formulation by it of any such scheme; (e) to cooperate and consult with a local government in the direction of the promulgating by the local government of uniform building regulations in the area of the local government concerned; (f) to perform such other duties as the Minister may direct. 22 Special powers of commission (1) Subject to this Act, the commission may from time to time exercise the following powers— (a) — Power to acquire land (i) with the approval of the Minister, take, purchase, contract for the use of, or otherwise provide any land which may be required for the purposes of this Act;

s 22 24 s 22 State Housing Act 1945 (ii) with the consent of the Governor in Council, and on the recommendation of the Secretary for Public Lands, purchase or acquire any Crown land (and notwithstanding anything in any Act the Governor in Council is hereby empowered to grant any such land to the commission at such price (if any) and on such terms and conditions as the Governor in Council thinks ﬁt); (iii) with the consent of the Governor in Council purchase or acquire from a local government any land (not being land set apart or reserved under the Land Act) vested in the local government and (notwithstanding anything in any Act) the local government is hereby empowered to sell or dispose of any such land to the commission; (iv) replan and resubdivide any area in which the commission has purchased or acquired land, and subject to this part and to any provisions in the Land Act secure the closing of any street or the extinguishment of any easement or restrictive covenant for that purpose. However, regard may be given to any recommendation herein of a local government concerned; (b) with the approval of the Minister erect buildings and repair, equip, furnish, and maintain the same; let ofﬁces or other accommodation in any building or premises for such rent as it thinks proper, and generally control and manage any buildings the property of the commission; (c) hold, until the same can be advantageously disposed of, any property, real or personal, taken by it as security for or in satisfaction, liquidation, or discharge of any debt owing to the commission; (d) with the approval of the Minister, as occasion may require, sell, lease, convey, assign, and assure any lands, buildings, securities, or property whatsoever vested in the commission or any estate or interest in the same; (e) with the approval of the Minister, carry out any improvements to the land and erect dwelling houses or erect buildings for subdivision into lots by the registration of a plan pursuant to the Building Units and Group Titles Act 1980 , or the registration of a plan under the LandTitleAct1994 for the establishment of a community titles scheme under the BCCM Act, for the purpose

s 22 25 s 22 State Housing Act 1945 of sale or for letting as dwelling houses to, eligible persons as provided in this Act, on or lay out and construct as streets— (i) any land or any part thereof purchased, acquired, or set apart pursuant to this Act, as aforesaid; or (ii) any other land or any part thereof acquired by the commission; (f) set apart with the consent of the Minister any such land or any part thereof for open spaces or places of recreation, or erect on any such land any buildings which in the opinion of the commission will serve a beneﬁcial purpose in connection with the requirements of the persons to whom such houses are sold, let, or leased under this Act. However, regard may be given to any recommendation of a local government concerned; (g) with the consent of the Governor in Council surrender to Her Majesty for the purpose of a garden, park, open space or place of recreation any land set apart for such purpose pursuant to this subsection; (h) with the approval of the Minister, at such price and on such terms and conditions as the commission thinks ﬁt lease any land purchased or acquired by or vested in it under this Act or set apart to be used for the purposes of this Act. However, the Minister shall not approve such lease unless the Minister is satisﬁed that the land is not immediately required for the purposes of this Act or that the lease will serve a beneﬁcial purpose with regard to the community in the locality of the land; (i) with the approval of the Minister, on such terms and conditions and subject to such restrictions, exceptions and reservations as the commission thinks ﬁt, sell any land vested in or purchased or acquired by it under this Act, or set apart to be used for the purposes of this Act. However, the Minister shall not approve such sale unless the Minister is satisﬁed that such land is not now required for the purposes of this Act or that such sale will serve a beneﬁcial purpose with regard to the community in the locality of such land;

s 22 26 s 22 State Housing Act 1945 (j) with the consent of the Governor in Council upon such terms and conditions and subject to such restrictions, exceptions, and reservations as the commission thinks ﬁt exchange any land vested in or purchased or acquired by the commission under this Act or set apart to be used for the purposes of this Act for any other land and give or receive consideration for equality of exchange; (k) with the approval of the Minister, enter into an arrangement with the appropriate Crown or other instrumentality or other authority— (i) for the making of roads or other facilities affording access to dwelling houses acquired, erected, or to be erected in pursuance of this Act; and (ii) for connecting any such dwelling houses with sewerage, drainage, water, gas, and electric power and lighting systems; and (iii) for establishing or extending such systems to connect with any such dwelling houses; and may allot to each dwelling house having the beneﬁt of the arrangement such proportion of the cost incurred by the commission under the arrangement as the commission deems just; (l) do all matters and things incidental to any of the abovementioned matters herein in this subsection mentioned; (m) upon the completion of a sale made pursuant to paragraph (i) or an exchange pursuant to paragraph (j) of land set apart the commission shall certify in writing such completion to the Minister for submission to the Governor in Council who shall thereupon, in the name of Her Majesty, grant in fee simple such land to the person to whom the land is sold or as the case may be, with whom the land is exchanged and cause a deed of grant thereof to issue in the person’s name accordingly. (1A) The commission or a person authorised either generally or specially by it may enter and re-enter from time to time upon any land, with such assistants as are required, for the purpose of inspecting that land or of making any survey thereof and may affix or set up thereon trigonometrical stations, survey pegs, marks, or poles and from time to time alter, remove, inspect, reinstate, and repair the same.

s 22 27 s 22 State Housing Act 1945 (1B) When practicable reasonable notice shall be given to the occupier of the land of the intention to enter thereon, and the authority under which the person entering claims to enter or has entered shall, if required by the owner or occupier, be produced and shown. (1C) A person who obstructs or attempts to obstruct a person acting under the authority of subsection (1A) or who, without due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up under the authority of subsection (1A) shall be guilty of an offence and liable to a penalty of not more than $100. (2) The commission shall be a constructing authority within the meaning of the AcquisitionofLandAct1967 , for the purposes of exercising its powers and authorities under this Act. (2A) As well as land granted in fee simple the commission as a constructing authority under the Acquisition of Land Act 1967 , may take for the purpose of exercising its powers and authorities under this Act land which is held from the Crown for a lesser estate or interest than fee simple. (2B) Any land referred to in subsection (2A) shall, if vested in the commission by the proclamation taking it, be vested in it for an estate in fee simple. (2C) The Governor in Council is hereby authorised to so vest and grant in fee simple the land subject to such reservations and conditions as are authorised or prescribed by the Land Act 1994 . (2D) Any land taken by the commission which has been vested in the Crown by the proclamation taking the land shall be and remain Crown land until the same is according to the purpose for which the land shall have been taken, dealt with as prescribed. (3) The Acquisition of Land Act 1967 , shall be read with and subject to all such modifications and adaptations thereof as are necessary to give operation and effect to subsections (2A) to (2C) including, as respects any land in question, by reading any reference therein to the registrar of titles as referring to the person or authority charged with registering instruments evidencing the title to the estate or interest in that land held from the Crown. Regulations for management etc. of houses (4) The Governor in Council may make regulations for or with respect to the management, use, control, regulation and inspection of houses,

s 22A 28 State Housing Act 1945 s 22B buildings and land maintained or caused to be maintained by the commission. (5) The foregoing powers shall be in addition to any other powers conferred upon the commission by this Act. 22A Provision for payment upon erection of 1 of several dwelling houses under contract (1) Where the commission has contracted with any person (in this section called the “contractor” ) for the erection by him of a group of 2 or more dwelling houses, and the contractor has completed the erection of any such dwelling house in accordance with the contract to the satisfaction of the commission, and has handed over such dwelling house to the commission, the commission may, make to the contractor such payment as in its opinion would not exceed the sum which would be payable in respect of such dwelling house if the total money payable under the contract were apportioned amongst all of the dwelling houses included in the contract. (2) This section shall be read and applied so as to give the commission power to pay at its discretion, but so that the provisions hereof shall not give, or be deemed to give, to a contractor any greater right to recover payment of money from the commission than the contractor would have if this section had not been passed. 22B Provision of land for industry, trade or business (1) If the commission satisfies the Governor in Council that it is desirable to make land vested in the commission under this Act available to a person or body corporate for any purpose of or connected with the establishment or carrying on by him, her or it of an industry, trade, or business, including but without limit to the foregoing provisions of this subsection the provision of housing for his, her or its employees, the Governor in Council may, upon the recommendation of the commission, authorise the commission to surrender to Her Majesty and, subject to authority as aforesaid, the commission may so surrender that land. (2) Where land is surrendered by the commission to Her Majesty as aforesaid or where the commission satisfies the Governor in Council that it is desirable to make Crown land that is set apart to be used for the purposes of this Act available as prescribed by subsection (1), then, subject to this subsection, the Governor in Council may, in the name of Her Majesty, demise by a lease in perpetuity or for a term of years that land to the person

s 22B 29 State Housing Act 1945 s 22B or body corporate to whom or which the commission has satisfied the Governor in Council it is desirable to make that land available. (2A) The capital value of land demised under subsection (2) shall be such sum as the Governor in Council upon the recommendation of the commission shall fix. (2B) The Land Act applies, with all necessary changes, to a lease under subsection (2), except that— (a) any provision of that Act which is inconsistent with a provision of subsection (2) to the extent of such inconsistency shall not so apply; and (b) all coal, petroleum, helium, and minerals are hereby expressly declared to remain the property of the Crown; and (c) all rents payable in respect of lands so demised shall be paid to the commission; and (d) the lease may be granted subject to such covenants binding upon the lessee (with liability to forfeiture of the lease for a breach thereof) as the Governor in Council deems necessary to secure the performance by the lessee of the purpose for which the land was made available to the lessee. (2C) For subsection (2B), the LandAct applies to a lease under subsection (2) as if a reference in that Act to the Minister were a reference to the Minister administering this Act. (3) Subject to this section, each rental period of a lease demised pursuant to subsection (2) shall be 1 year. (3A) The first rental period of a lease demised after 31 December 1983 shall be from the date of the grant of the lease to 30 June next occurring after the expiration of 12 months from the date of grant. (3B) Where a lease granted pursuant to subsection (2) subsists on 31 December 1983— (a) notwithstanding subsection (3), the rental period then current shall continue as the rental period; and (b) upon the expiration of the rental period referred to in paragraph (a), the rental period shall be from the day after the date of that expiration to 30 June next following; and (c) each rental period subsequent to the rental period referred to in paragraph (b) shall be 1 year.

s 22B 30 State Housing Act 1945 s 22B (4) For each rental period of 1 year (other than the first rental period of a lease) commencing after 31 December 1983, the annual rental shall be a sum equal to— (a) the prescribed percentage of the unimproved value of the land the subject of the lease at the date of commencement of the period in question; or (b) $30; whichever is the greater. (5) For the purposes of subsection (4)— “prescribed percentage” means— (a) if a percentage is prescribed under a regulation for this deﬁnition and is effective at the date of commencement of the relevant rental period—that percentage; or (b) otherwise—10%. (7) In respect of a rental period being— (a) a rental period referred to in subsection (3A); or (b) a rental period referred to in subsection (3B)(b); the rental shall be an amount that bears to the amount that would have been the rental had the period been a rental period referred to in subsection (4) the same proportion that the actual rental period expressed in weeks (in which expression a part of a week shall be taken to be a whole week) bears to 52. (8) For the purposes of subsection (4) the unimproved value of land shall be— (a) in respect of the ﬁrst rental period of a lease—the capital value of the land demised ﬁxed pursuant to subsection (2)(a); (b) in the case where a valuation of the unimproved value of the land made by the chief executive (valuations) under the Valuation ofLand Act 1944 is in force at the date of commencement of the rental period in question—the amount of that valuation or that amount as varied by the Land Court, on appeal by the lessee under subsection (9); (c) in any other case—the amount that the Governor in Council determines in the particular case to be the unimproved value of the land.

s 22C 31 State Housing Act 1945 s 22C (9) If the lessee is dissatisfied with the valuation of the chief executive (valuations) of the unimproved value of the land, the lessee may, within 42 days after receipt by the lessee of notification in writing by the commission of the amount of the valuation, appeal against the valuation to the Land Court. (10) Such appeal shall be instituted by lodging in the Land Court registry written notice of the lessee’s grounds of appeal and serving a copy of that notice on the commission. (11) Upon hearing an appeal under subsection (9) the Land Court may— (a) vary the amount of the valuation in such way as it thinks just; or (b) disallow the appeal and conﬁrm the amount of the valuation; and may make such order as to the costs of the appeal as it thinks ﬁt. (12) The unimproved value of land shall be determined by the Land Court in accordance with the provisions of the Valuation of Land Act 1944 as if the Land Court were the chief executive (valuations). (13) The determination of the Land Court on appeal shall be final and conclusive. 22C Commission may make grants (1) The commission may on such terms and conditions as it thinks fit— (a) give grants of money; (b) give a house and the land on which it is erected; to any local government or association for the purpose of enabling that local government or association to provide housing to any person. (2) In subsection (1)— “association” means an incorporated association, society, institution, body or cooperative which by its governing rules howsoever described— (a) prohibits the distribution of any of its proﬁts or assets among its members; and (b) provides, to the satisfaction of the commission, for the general improvement of the housing conditions of the citizens of this State.

s 22D 32 State Housing Act 1945 s 22D 22D Commission may enter into joint ventures (1) The commission, may with the prior approval of the Governor in Council and on the recommendation of the Minister, enter into or participate in a joint venture with any person or local government which joint venture provides for the carrying out, control, or management, either jointly or by one party on behalf of any other, or otherwise as may be agreed in the common interest, of a project involving— (a) the erection of houses; (b) the subdivision, or acquisition and subdivision, and development of land for housing and related purposes; (c) the provision of services in relation to houses or subdivided land; (d) the marketing of houses or subdivided land. (1A) The Minister shall not recommend that the Governor in Council approves of the commission entering into and participating in a joint venture relating to a project unless the commission has submitted to the Minister details that the Minister considers to be adequate, of the proposed project and arrangements relating thereto, and the Minister is satisfied that the joint venture will contribute to the general improvement of the housing condition of the citizens of this State and approves of the project. (2) For the purpose of performing its obligations under a joint venture, and without limiting any power already conferred on the commission under this Act, the commission may— (a) join in the formation of any company to be incorporated; (b) purchase, hold, dispose of or deal with shares in or subscribe to the issue of shares by, any company; (c) seek and maintain appropriate representation on any board or other body having responsibility in the carrying out, management, or control of the project; (d) subject to any contract relating to the project, receive contributions or other moneys relating to the project and disburse or distribute or arrange for the disbursement or distribution of those contributions or other moneys; (e) make advances of money or provide ﬁnancial accommodation to any person acting in furtherance of the joint venture; (f) guarantee the due performance of any covenants, promises, obligations or liabilities (including the repayment of loans, bank

s 23 33 s 23 State Housing Act 1945 overdrafts or other ﬁnancial accommodation and the payment of interest thereon) undertaken by any person acting in furtherance of the joint venture; (g) transfer any land the fee simple of which is vested in it to any person acting in furtherance of the joint venture; (h) require any person acting in furtherance of the joint venture to give the commission any mortgage, security, encumbrance or charge over any real or personal property or to give personal guarantees to the commission; (i) provide any service, expertise or skills which it may possess to any person acting in furtherance of the joint venture; (j) construct improvements and services of whatever nature on any land being developed for the purpose of the joint venture; (k) without limiting the generality of the foregoing, do all such things as may be necessary or incidental to the performance of its obligations under a joint venture or which the Minister may by writing direct it to do to give effect to its obligations under a joint venture. PART 3—ADVANCES FOR HOUSING PURPOSES 23 Power to commission to make advances to eligible persons for erection of dwelling houses etc. (1) Subject to this Act, in order to assist a person— (a) to erect a dwelling house on land owned or being acquired by the person; (b) to enlarge, alter, repair, improve, or paint a house on land owned by the person; the commission may, upon application in writing, make an advance to such person either by instalments or otherwise upon the security of the land on which the dwelling house is erected or will be erected or upon such other security over real or personal property with or without any collateral guarantee as the commission thinks ﬁt.

s 23 34 s 23 State Housing Act 1945 (1A) In the application for an advance under subsection (1)(a) the applicant may apply for the commission to utilise and the commission may utilise part of the amount to be advanced for the purpose of liquidating the liability of the applicant arising as a consequence of the applicant purchasing or acquiring or agreeing to purchase or acquire the land upon which the dwelling house is intended to be erected. (1B) It shall be a condition of an advance any part of which is utilised as provided in subsection (1A) that the applicant, within the period of 3 months of that utilisation or such longer period as the commission in the particular case approves, shall execute an agreement approved by the commission for the erection of a dwelling house on the land the subject of the application for the advance. (2) An advance shall not be made under this section to a person unless the commission is satisfied that— (a) the applicant is the owner of or is purchasing or acquiring or has agreed to purchase or acquire any land whether freehold, leasehold or an estate or interest in land that the commission accepts as being of a sufﬁciently permanent nature and as suitable for the purposes of this section; and (b) the dwelling house in respect of which the advance is made is intended to be used by the borrower as the borrower’s home and for no other purpose; and (c) except in circumstances approved by the commission, neither the borrower nor the spouse (if any) of the borrower is the owner of any other dwelling house within Queensland or elsewhere. (2A) Except as provided in subsection (1A), an advance shall only be made under this section if the applicant for the advance is the owner of the land the subject of the application. Limit of rate of advance (3) Subject as herein provided no such advance shall exceed the fair estimated value of such dwelling house and of the land whereon it is or is to be erected. Total limit of advance (4) A regulation may ﬁx the maximum amount that may be advanced under this part. (4AA) No advance under this part of this Act shall exceed the maximum amount therefor determined for the time being by or under subsection (4).

s 23A 35 State Housing Act 1945 s 23A Power of the Minister to approve of advance exceeding the prescribed limit (4A) The Minister may, upon the recommendation of the chief executive, approve in a particular case of an advance exceeding the limit imposed by subsection (4AA) and the commission may make, under and in accordance with the provisions of this Act, any advance so approved. (5) However, an advance exceeding the limit imposed by subsection (3) shall not be approved or made in pursuance of subsection (4A). (6) Whenever any question arises whether any applicant is the owner of a dwelling house within Queensland or elsewhere, or as to the amount of the applicant’s income or as to the fair estimated value of the dwelling house and of the land, the decision of the commission upon such question shall be final and conclusive for all purposes, and shall not be questioned in any proceedings whatsoever. Miner’s homestead leases (7) For the purposes of making advances on the security of a miner’s homestead lease, as defined by the Mining Act 1898 such leasehold shall be considered as if it were held in fee simple by the lessee thereof. Advances where home unﬁt for habitation (9) The commission may make an advance to any person whose home has been condemned by any local government, pursuant to its powers, authorities, and jurisdiction under the BuildingAct1975 , as unﬁt for habitation, with a view to enabling such person to repair or rebuild the person’s home so that such home may conform to the local laws or regulations of the local government concerned. (10) Such advance may be made on such terms, provisions, conditions, and stipulations as the commission may deem fit, or as may be prescribed. (11) However, the local government shall acquaint the commission with any order made by it condemning the house concerned or ordering same to be demolished or repaired, as the case may be. 23A Advances for the purchase of dwelling houses (1) Subject to this section the commission may make an advance to any person for the purpose of assisting the person to purchase a dwelling house and its appurtenant land, including any dwelling house for assisting in the erection whereof the commission has made an advance under this Act, or any dwelling house sold by the commission under this Act.

s 23A 36 State Housing Act 1945 s 23A (2) An advance shall not be made to a person under this section in respect of a house unless the commission is satisfied that— (a) the house is intended to be used by the person as the person’s home and for no other purpose; and (b) except in circumstances approved by the commission, neither the person nor his or her spouse (if any) is the owner of any other house in Queensland or elsewhere. (3) The amount of an advance under this section shall not exceed the maximum amount which the commission could advance under this part of this Act if the advance were made in order to assist the person concerned to erect the dwelling house in question. (4) The commission shall not make to a person an advance or advances under this section the amount of which exceeds— (a) the purchasing price; or (b) the fair estimated value of the house and its appurtenant land; whichever is the less. (5) Subsections (3) and (4) apply so that neither authorises the commission to make under this section to any person an advance the amount whereof exceeds the maximum imposed by the other. (6) The provisions of section 25B— (a) shall apply to and with respect to an advance made to a person under this section in respect of a house which the commission is satisﬁed has been erected within the period of 5 years next preceding the date when the application in writing for the advance was received by the commission; (b) shall not apply to or with respect to an advance made to a person under this section in respect of a house which the commission is satisﬁed has been erected more than 5 years before the date when the application in writing for the advance was received by the commission. (8) Subject to the provisions of subsections (1) to (6)— (a) any and every provision of this Act which applies to or with respect to an advance under section 23 shall, with and subject to all necessary adaptations thereof, apply and extend to and with respect to advances under this section and borrowers to whom those advances are or are proposed to be made; and

s 23A 37 State Housing Act 1945 s 23A (b) any and every power, function, right or remedy had by the chief executive, the commission, or any ofﬁcer of the commission under this Act or under any mortgage or other security given or entered into under or in pursuance of this Act in relation to an advance under section 23 (including the rights and remedies of the commission against a borrower of an advance under that section who has made default in observing or performing any provision of this Act or any covenant or condition binding upon the borrower of a mortgage or other security given or entered into by that borrower under or in pursuance of this Act) shall be had and may be exercised by the chief executive, the commission or, as the case may be, that ofﬁcer in relation to an advance under this section; and (c) any and every obligation, liability or responsibility which, in relation to an advance under section 23, is or may be imposed upon a borrower under this Act or under any mortgage or other security given or entered into under or in pursuance of this Act in relation to an advance under section 23 (including the obligations, liabilities and responsibilities of a borrower of an advance under section 23 who has made default in observing or performing any provision of this Act or any covenant or condition binding upon the borrower of a mortgage or other security given or entered into by that borrower under this Act) shall or, as the case may be, may be imposed upon a borrower in relation to an advance under this section; and (d) the power to make regulations under this Act shall include power to make all such regulations as the Governor in Council deems necessary or convenient, whether generally or to meet a particular case, to administer or to carry out the objects and purposes of this section. (8A) Where under this Act a regulation may be made for a specified purpose a regulation for that purpose may be limited in its application so as to apply and extend only in relation to advances under this section, and any subsisting regulation made for a specified purpose may be amended, altered, varied or otherwise modified so as to extend its application to and with respect to advances under this section. (9) All fees payable under this Act, the Land Title Act 1994 or the LandAct1994 for an instrument or transaction entered into or made by the commission for this section must be paid by the other party to the instrument or transaction.

s 23B 38 State Housing Act 1945 s 23B PART 4—SALE OF HOUSES 23B Sale of lots under Building Units and Group Titles Act or BCCM Act to pensioners (1) The Minister may by notification published in the gazette declare that land held in fee simple by the commission and specified in the notification shall be reserved for sale as provided in this section. (2) The commission shall forward a copy of the gazette containing a notification referred to in subsection (1) to the registrar of titles. (3) The registrar of titles, upon production to the registrar of the relevant deed of grant or certificate of title, shall, without fee and without any request record on the register in respect of the land specified in the notification the fact of the reservation and make on the deed or, as the case may be, certificate the following endorsement— ‘Attention is directed to the provisions of the StateHousingAct 1945 , section 23B relating to change of registered proprietors.’. (4) Where the land specified in the notification becomes the subject of a plan registered pursuant to the Building Units and Group Titles Act 1980 , or a plan registered under the LandTitleAct1994 for establishing a community titles scheme under the BCCM Act, the registrar of titles shall without fee and without any request record in the register the fact of the reservation and make the endorsement prescribed by subsection (3) upon each certificate of title issued in respect of the lots created by that registration. (5) Where the commission sells land reserved pursuant to subsection (1), it shall be sold by the commission as lots on a plan pursuant to the BuildingUnits and Group Titles Act 1980 or as lots included in a community titles scheme under the BCCM Act. (6) The commission may upon such terms and conditions as the commission thinks fit sell a lot that is the subject of a reservation referred to in subsection (1) to a person if the commission is satisfied that— (a) that person is of limited means; and (b) that person is a pensioner or the spouse of a pensioner; and (c) that person has attained the age of 55 years; and (d) that person intends to use the lot as a home for—

125 State Housing Act 1945 Application of administrative provisions of sch to commission s 15 sub 1998 No. 16 s 5 Queensland Housing Commission Fund s 16 amd 1961 10 Eliz 2 No. 12 s 2; 1999 No. 29 s 50 sch Loans by Government to commission s 17 amd 1979 No. 26 s 52; 1981 No. 64 s 5; 1982 No. 33 s 14(2), (4) sch 3; 1996 No. 54 s 9 sch; 1999 No. 69 s 7 sch Commission is statutory body s 17A ins 1979 No. 26 s 53 sub 1996 No. 54 s 9 sch Power to vest other lands s 18 amd 1993 No. 76 s 3 sch 1 Exemption from rating s 19 amd 1981 No. 64 s 6; 1997 No. 28 s 295 sch 3; 2002 No. 20 s 4 Loans and sales to minors under Parts III and IV of this Act s 21A ins 1955 4 Eliz 2 No. 14 s 2 om 1974 No. 57 s 8 sch Special powers of commission s 22 amd 1950 14 Geo 6 No. 26 s 3; 1966 No. 5 s 3; 1967 No. 48 s 3(2) sch 1; 1972 No. 27 s 3; 1972 No. 27 s 11 sch; 1979 No. 5 s 8; 1981 No. 64 s 7; 1983 No. 9 s 5; 1989 No. 103 s 3 sch; 1994 No. 11 s 194 sch 2; 1997 No. 28 s 295 sch 3 Provision for payment upon erection of 1 of several dwelling houses under contract prov hdg ins 1983 No. 9 s 6 s 22A ins 1946 10 Geo 6 No. 38 s 2 amd 1966 No. 5 s 4 Provision of land for industry, trade or business prov hdg ins 1983 No. 9 s 7(1)(a) s 22B ins 1950 14 Geo 6 No. 26 s 4 amd 1972 No. 27 s 4; 1979 No. 5 s 9; 1981 No. 64 s 8; 1983 No. 9 s 7(1)(b)–(c); 1992 No. 64 s 3 sch 1; 1998 No. 16 s 6; 2002 No. 20 s 5; 2003 No. 1 s 51 Commission may make grants s 22C ins 1990 No. 74 s 4 Commission may enter into joint ventures s 22D ins 1990 No. 74 s 5 Audit of accounts s 22E ins 1990 No. 74 s 6 amd 1998 No. 16 s 7 om 2001 No. 45 s 29 sch 3

126 State Housing Act 1945 Power to commission to make advances to eligible persons for erection of dwelling houses etc. s 23 amd 1948 12 Geo 6 No. 15 s 2; 1949 13 Geo 6 No. 39 s 5; 1950 14 Geo 6 No. 26 s 5; 1953 2 Eliz 2 No. 25 s 4; 1956 4 Eliz 2 No. 14 s 3; 1965 No. 61 s 11 sch 2; 1972 No. 27 s 11 sch; 1979 No. 5 s 10; 1983 No. 9 s 8; 1984 No. 89 s 4; 1990 No. 74 s 7; 1990 No. 80 s 3 sch 5; 1993 No. 70 s 804 sch; 1998 No. 16 s 8; 2002 No. 74 s 90 sch Advances for the purchase of dwelling houses s 23A ins 1964 No. 23 s 4 amd 1978 No. 58 s 8; 1983 No. 9 s 9; 1984 No. 89 s 5; 1990 No. 74 s 8; 1990 No. 80 s 3 sch 5; 1994 No. 11 s 194 sch 2; 2001 No. 71 s 551 sch 1 PART 4—SALE OF HOUSES pt hdg amd 1978 No. 58 s 9 Sale of lots under Building Units and Group Titles Act or BCCM Act to pensioners prov hdg amd 1997 No. 28 s 295 sch 3 s 23B ins 1985 No. 91 s 3 amd 1986 No. 26 s 4 sch; 1990 No. 74 s 9; 1992 No. 64 s 3 sch 1; 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7); 1997 No. 28 s 295 sch 3 Power to commission to sell houses to eligible persons s 24 amd 1949 13 Geo 6 No. 39 s 6; 1950 14 Geo 6 No. 26 s 6; 1953 2 Eliz 2 No. 25 s 5(1); 1957 6 Eliz 2 No. 40 s 21; 1961 10 Eliz 2 No. 12 s 3; 1966 No. 5 s 5; 1978 No. 58 s 10; 1979 No. 5 s 11; 1981 No. 64 s 9; 1983 No. 9 s 10; 1990 No. 74 s 10; 1992 No. 64 s 3 sch 1; 1993 No. 76 s 3 sch 1; 1998 No. 16 s 9; 2002 No. 74 s 90 sch Power of commission to provide home sites s 24A ins 1961 10 Eliz 2 No. 12 s 4 amd 1972 No. 27 s 5; 1979 No. 5 s 12; 1983 No. 9 s 11; 1990 No. 74 s 11; 1993 No. 76 s 3 sch 1; 1994 No. 11 s 194 sch 2; 2001 No. 71 s 551 sch 1 Application of Act to workers’ homes perpetual town leases s 24B ins 1983 No. 9 s 12 Rental provisions regarding perpetual leases s 24C ins 1983 No. 9 s 13 amd 1992 No. 64 s 3 sch 1; 1998 No. 16 s 10 Discretion of commission as to making of contract of sale s 25 amd 2002 No. 74 s 90 sch PART 4A—ENCOURAGEMENT AND AID IN BUILDING HOUSES pt hdg ins 1949 13 Geo 6 No. 39 s 8 Provisions for saving by intending home builders s 25A ins 1949 13 Geo 6 No. 39 s 8 amd 1955 4 Eliz 2 No. 14 s 4; 1966 No. 5 s 6; 1972 No. 27 s 11 sch om 1983 No. 9 s 15(1) Home builders’ insurance s 25B ins 1949 13 Geo 6 No. 39 s 9

127 State Housing Act 1945 amd 1953 2 Eliz 2 No. 25 s 6; 1955 4 Eliz 2 No. 14 s 5 sub 1961 10 Eliz 2 No. 12 s 5 amd 1966 No. 5 s 7(2); 1972 No. 27 s 6(2); 1974 No. 57 s 8 sch; 1990 No. 80 s 3 sch 5; 2002 No. 20 s 3 sch; 2002 No. 74 s 90 sch Power of commission to let or lease houses to employers for housing employees s 25C ins 1964 No. 23 s 5 amd 1981 No. 64 s 10; 1997 No. 28 s 295 sch 3 Letting or leasing of houses to eligible persons s 26 amd 1972 No. 27 s 7 sub 1984 No. 89 s 6 amd 1998 No. 16 s 11; 2002 No. 74 s 90 sch PART 5A—ADVANCES FOR HOUSING FOR EMPLOYEES pt hdg ins 1950 14 Geo 6 No. 26 s 7 Power of commission to make advances for housing for employees s 26A ins 1950 14 Geo 6 No. 26 s 7 amd 1953 2 Eliz 2 No. 25 s 7; 1964 No. 23 s 6; 1965 No. 61 s 11 sch 2; 1972 No. 27 s 11 sch Act to apply with respect to advances under this part s 26B ins 1950 14 Geo 6 No. 26 s 8 amd 1990 No. 80 s 3 sch 5 Powers of body corporate with respect to borrowing under this part s 26C ins 1950 14 Geo 6 No. 26 s 8 PART 5B—SALE OF EMPLOYEE HOUSING pt hdg ins 1981 No. 64 s 11 Sales of houses let or leased by employers s 26D ins 1981 No. 64 s 11 amd 1994 No. 11 s 194 sch 2; 2001 No. 71 s 551 sch 1 Commission to manage business of Commonwealth-State Housing Scheme s 27 amd 1955 4 Eliz 2 No. 14 s 6; 1966 No. 5 s 8 Financial arrangements in respect of Commonwealth-State Housing Scheme s 29 sub 1972 No. 27 s 8 PART 6A—ADVANCES TO APPROVED HOUSING INSTITUTIONS pt hdg ins 1971 No. 76 s 4 Interpretation s 29A ins 1971 No. 76 s 4 Approved housing institutions advances account s 29B ins 1971 No. 76 s 5(1) amd 1973 No. 68 s 4(1)(a); 1981 No. 64 s 12 Approval of loans from the account s 29C ins 1971 No. 76 s 5 Approved housing institutions authorised to receive loans s 29D ins 1971 No. 76 s 6

128 State Housing Act 1945 Loan from the account charged on property and assets of borrower s 29E ins 1971 No. 76 s 6 PART 6B—APPLICATION OF RESIDENTIAL TENANCIES ACT 1994 pt 6B (ss 29F–29H) ins 1998 No. 16 s 12 PART 6C—TERMINATION OF HOUSING TRUSTS pt 6C (ss 29I–29R) ins 2000 No. 29 s 4 PART 6D—ADVANCES TO ENABLE CONDUCT OF RESIDENTIAL SERVICES pt 6D (ss 29S–29U) ins 2002 No. 20 s 6 PART 7—MISCELLANEOUS Advances to be secured by mortgage s 30 amd 2002 No. 20 s 7 Criminal Code does not apply in certain circumstances s 30AA ins 2000 No. 13 s 6 Discretion as to requirement re ownership of dwelling house s 30A ins 1972 No. 27 s 9 amd 2002 No. 74 s 90 sch Restricted application of certain Acts s 32 amd 2001 No. 71 s 551 sch 1 Declaration of standard interest rates s 32AA ins 2000 No. 13 s 7 Interest rates for certain advances and contracts of sale s 32AB ins 2000 No. 13 s 7 amd 2002 No. 20 s 8 Interest rates for advances under transferred mortgages s 32AC ins 2000 No. 29 s 5 Interest rates payable by borrowers and purchasers in respect of certain advances and contracts of sale prov hdg amd 2000 No. 29 s 6(1) s 32A ins 1990 No. 74 s 12 amd 2000 No. 13 s 8; 2000 No. 29 s 6(2)–(3) Rate of interest payable by borrowers and purchasers of homes s 33 sub 1953 2 Eliz 2 No. 25 s 8 amd 1962 11 Eliz 2 No. 9 s 4; 1964 No. 23 s 7; 1972 No. 27 s 10; 1972 No. 27 s 11 sch; 1978 No. 58 s 11; 1979 No. 5 s 13; 1981 No. 64 s 13; 1993 No. 76 s 3 sch 1; 1998 No. 16 s 13; 2002 No. 74 s 90 sch Priority of amounts added to principal under mortgage s 33A ins 1983 No. 9 s 16 Penalty for procuration fees s 35 amd 1972 No. 27 s 11 sch Perfecting security over holdings when freehold acquired subsequent to mortgage s 38 amd 1979 No. 5 s 14

129 State Housing Act 1945 Land Act applies to deeds of grant s 38A ins 1979 No. 5 s 15 Notice of action s 40 om 1974 No. 75 s 4 sch Person taking fee or reward s 41 amd 1966 No. 5 s 9; 1972 No. 27 s 11 sch Secretary of commission etc. to be auctioneer s 42 amd 2000 No. 62 s 601 sch 2 Lessee or tenant wrongfully holding over s 43 amd 1972 No. 27 s 11 sch Justice to issue warrant for possession s 43A ins 1961 10 Eliz 2 No. 12 s 6 amd 1966 No. 5 s 10; 1979 No. 5 s 16; 1990 No. 80 s 3 sch 5 Annual report to Parliament s 45 amd 1981 No. 64 s 14; 1990 No. 80 s 3 sch 5; 1999 No. 29 s 50 sch Orders in council s 46 om 1998 No. 16 s 14 Approval of forms s 47A ins 1998 No. 16 s 15 Regulation-making power prov hdg sub 1998 No. 16 s 16(1) s 48 amd 1973 No. 68 s 4(1)(b); 1981 No. 64 s 15; 1984 No. 89 s 7; 1994 No. 86 s 343 sch 2; 1998 No. 16 s 16(2)–(5) (2B)–(2C) exp 3 April 1996 (see s 48(2C)) Validation s 49 ins 2002 No. 20 s 9 Transitional provision for State Housing and Other Acts Amendment Act 2002 s 50 ins 2002 No. 20 s 9 Validation of annual rental charged for s 22B s 51 ins 2003 No. 1 s 52 Transitional provision for Discrimination Law Amendment Act 2002 s 52 ins 2002 No. 74 s 90 sch SCHEDULE Delivery of matters in possession of employee at removal s 1 amd 1979 No. 5 s 17(a); 1984 No. 89 s 8(a); 1990 No. 80 s 3 sch 5; 2002 No. 74 s 90 sch Reserve fund s 2 amd 1984 No. 89 s 8(b); 1996 No. 54 s 9 sch DEBENTURES hdg prec s 3 om 1979 No. 26 s 54

130 State Housing Act 1945 Debentures s 3 om 1979 No. 26 s 54 Contracts for negotiation, etc. s 4 om 1979 No. 26 s 54 Debentures lost, etc. s 5 om 1979 No. 26 s 54 Cancelling of discharged debentures s 6 om 1979 No. 26 s 54 Applications s 7 amd 1978 No. 58 s 12(a) Applications already made s 8 om 1984 No. 89 s 8(c) Advance to be deemed a loan until repaid in full and at prescribed rate of interest prov hdg amd 1978 No. 58 s 12(b)(i); 1983 No. 9 s 17(1)(a)(i) s 9 amd 1953 2 Eliz 2 No. 25 s 9; 1978 No. 58 s 12(b)(ii); 1983 No. 9 s 17(1)(a)(ii); 1993 No. 76 s 3 sch 1 Repayment of advance for dwelling houses s 12 amd 1946 10 Geo 6 No. 38 s 3(1); 1953 2 Eliz 2 No. 25 s 10; 1961 10 Eliz 2 No. 12 s 7; o in c pubd gaz 30 May 1964 p 675; 29 January 1966 p 812; 4 June 1977 p 844; 1978 No. 58 s 12(c) and (d); 1983 No. 9 s 17(1)(b); 1984 No. 89 s 8(d); o in c pubd 2 December 1989 p 2403; 1993 No. 76 s 3 sch 1; 1998 No. 16 s 17(1)–(3) Prepayment of unpaid balance of advance s 13 amd 1983 No. 9 s 17(1)(c); 1990 No. 74 s 13 s 13A ins o in c pubd gaz 22 October 1966 p 673 amd 1998 No. 16 s 17(4) Additional advances may be added to principal of loan s 14 amd 1978 No. 58 s 12(e); 1983 No. 9 s 17(1)(d) Remedies of the commission s 15 amd o in c pubd gaz 23 December 1967 p 1548; 1979 No. 5 s 17(b); 1984 No. 89 s 8(e); 1993 No. 76 s 3 sch 1; 1998 No. 16 s 17(5) Power to capitalise arrears of interest s 16 amd 1966 No. 5 s 11 Provisions for cases of hardship s 18 amd o in c pubd gaz 29 June 1963 p 1008; 1979 No. 5 s 17(c); 1983 No. 9 s 17(1)(e); 1988 No. 103 s 3 sch Mortgages of miners’ homesteads s 19 amd 1984 No. 89 s 8(f) Mortgagor to effect necessary repairs s 20 amd 1979 No. 5 s 17(d); 1984 No. 89 s 8(g)

131 State Housing Act 1945 Conditions annexed to land whilst subject to advances s 21 amd o in c pubd gaz 23 September 1978 p 260; 1979 No. 5 s 17(e); 1983 No. 9 s 17(1)(f) and (g) Power to lease in lieu of selling etc. s 22 amd 1984 No. 89 s 8(h) Transfer of land s 24 amd 1984 No. 89 s 8(i); 1993 No. 76 s 3 sch 1 Accumulation of purchase deposit s 26 ins o in c pubd gaz 14 November 1970 p 1012 amd 2002 No. 74 s 90 sch 8 Transitional and savings provisions State Housing Acts and Another Act Amendment Act 1957 6 Eliz 2 No. 40 pt II provides— PART II—PROVISION FOR THE FREEHOLDING OF CERTAIN LEASEHOLDS HELD UNDER “THE STATE HOUSING ACTS, 1945 TO 1957.” 3 Interpretation This Part of this Act shall be read as one with “ The State Housing Acts , 1945 to 1957.” 4 Conversion of certain tenures from Perpetual Leases to leases for term of years with freeholding covenant A lessee of a Perpetual Town Lease or Perpetual Suburban Lease acquired and held under the provisions of subsection six of section twenty–four of “ The State Housing Acts , 1945 to 1957,” or section 24A of The State Housing Acts , 1945 to 1961 as amended from time to time may apply in writing to the Commission to have his lease deemed a lease for a term determined in accordance with the provisions of section seven of this Act and subject to a covenant entitling the lessee to a deed of grant in fee-simple (hereinafter in this Part II called a “freeholding lease”).

132 State Housing Act 1945 5 Purchasing price (1) The purchasing price of the land comprised in a lease deemed, pursuant to this Part, to be a freeholding lease shall be the amount of the unimproved value, as at the date of the receipt by the Commission of the application referred to in section 4, of that land. For the purposes of this section, the unimproved value of land shall be the amount which experienced persons would be willing to pay for the fee-simple of the land, assuming that it were unimproved and were offered for sale on such reasonable terms and conditions as a bona ﬁde seller would require. (2) (a) At the option of the lessee, the unimproved value of the land comprised in the lease in question shall be determined by— (i) the Commission; (ii) the Valuer-General; or (iii) the Land Court. In every case, the lessee shall exercise his option under this subsection by stating in the application referred to in section 4 or in a separate writing given to the Commission the manner in which he desires the unimproved value of the land comprised in the lease in question to be determined. (b) In every case where the lessee requires the Valuer-General to determine the unimproved value of the land comprised in the lease in question, the Commission shall request the Valuer-General to determine and the Valuer-General shall determine that value. (c) In every case where the lessee requires the Land Court to determine the unimproved value of the land comprised in the lease in question, the Commission shall refer, or cause to be referred, to that Court for hearing and determination the matter of the amount of the unimproved value of that land and thereupon that Court shall hear and determine that matter. (d) Where pursuant to this subsection the Valuer-General or the Land Court determines the unimproved value of the land comprised in the lease in question, the Commission may require the lessee to pay the whole or such part of the costs incurred by it thereby as it may determine and if the lessee fails to pay the whole of the amount which pursuant to this subsection he is required to pay, the Commission may recover from the lessee in any court of competent jurisdiction, by action as for a debt, the unpaid balance of any such amount.

133 State Housing Act 1945 (3) No appeal shall lie against a determination pursuant to subsection (2) of the unimproved value of land by the Commission, the Valuer-General or, as the case may be, the Land Court. (4) The Commission shall give to the lessee notice in writing of the amount of the purchasing price. (5) The valuation of the unimproved value of any land determined by the Commission, the Valuer-General or the Land Court pursuant to this section shall have no force or effect save for the purpose for which that valuation is so determined or made. 6 Lessee to elect whether to proceed with application (1) The lessee shall, within thirty days from the date when he receives from the Commission notiﬁcation in writing of the purchasing price, notify the Commission in writing where he elects to proceed with his application under this Part of this Act. (2) Every application under this Part of this Act shall lapse at the expiration of thirty days after the date when the Commission gives to the lessee notice in writing of the amount of the purchasing price unless the lessee has sooner notiﬁed the Commission in writing that he elects to proceed therewith: Provided that a lessee may, with the prior approval of the Commission, make a second or any subsequent application under this Part of this Act notwithstanding that any prior such application made by him has lapsed. (3) A notice under this section in respect of any lease shall not affect or prejudice howsoever any mortgage or other encumbrance, estate or interest then subsisting over, upon, or in the land comprised in the lease. (4) A lessee who elects to proceed with his application under this Part of this Act shall be deemed to comply with the requirements of the perpetual lease with respect to the payment of rent, if he pays rent, until and including the day preceding the quarter day when the term of the freeholding lease commences, at the rate thereof actually payable at the date when the Commission receives the notice referred to in section four of this Act. 7 Term of the freeholding lease Upon and from the quarter day next following the receipt by the Commission pursuant to section six of this Act of notice from a lessee that

134 State Housing Act 1945 he elects to proceed with his application under this Part of this Act the Perpetual Town Lease or Perpetual Suburban Lease, the subject of the application shall be deemed to be a freeholding lease— (a)— (i) Where there is a subsisting contract of sale of a home erected on the land comprised in the lease and the unexpired term of that contract exceeds ten years, for a term equivalent to the unexpired term of the contract commencing on the quarter day next following the date when the Commission receives the notice; or (ii) Where there is a subsisting contract of sale of a home erected on the land comprised in the lease and the unexpired term of the contract does not exceed ten years, for a term of ten years commencing on the quarter day next following the date when the Commission receives the notice; or (iii) In any other case, for a term of ten years commencing on the quarter day next following the date when the Commission receives the notice; and (b) Subject in every respect to the provisions of this Part II of this Act, and the Commission shall cause the lease to be endorsed in terms of this section. 8 Terms and conditions of freeholding lease Every lease deemed, pursuant to this Part II of this Act to be a freeholding lease, shall be subject to the following provisions, terms and conditions:— (a) The purchasing price of the land comprised in the lease shall be the amount of the unimproved value, as determined, as prescribed by section ﬁve of this Act, of that land as at the date when the Commission receives the application referred to in section four of this Act; (b) The term of the lease shall commence on the quarter day next following the date when the Commission receives from the lessee, pursuant to section six of this Act, notice in writing of his election to proceed with his application;

135 State Housing Act 1945 (c) The lessee shall pay, as prescribed by section nine of this Act, the purchasing price of the land; (d) The lessee shall pay, as prescribed by section nine of this Act, interest on the outstanding balance of the purchasing price; (e) Moneys paid as rent under the perpetual lease in respect of any time before the commencement of the term of the freeholding lease shall not be credited to the purchasing price; (f) Subject to paragraphs (a) to (e), both inclusive, of this section, all such terms and conditions as, pursuant to “ The State Housing Acts, 1945 to 1957,” applied with respect to the lease in question as a perpetual lease. 9 Payment of purchasing price including interest thereon (1) In the case of a freeholding lease whereto subparagraph (i) of paragraph (a) of section seven of this Act applies— (i) The purchasing price of the land shall be added to and become part of the moneys payable to the Commission under the contract, and interest on the balance of the purchasing price outstanding at the beginning of each month shall be payable to the Commission by the lessee at the rate per centum per annum prescribed from time to time; and (ii) From the commencement of the term of the freeholding lease, the monthly instalment payable under the contract and “ The State Housing Acts, 1945 to 1957,” shall be altered from time to time to such sum or sums as will liquidate both the moneys (including interest thereon) payable under the contract and the purchasing price (including interest thereon) of the land not later than the expiration of the term of the contract. (2) In the case of a freeholding lease whereto subparagraph (ii) of paragraph (a) of section seven of this Act applies, the unexpired period of the term of the contract remaining at the date when the freeholding lease commences shall be extended and shall be ten years commencing on that date and— (i) The purchasing price of the land shall be added to and become part of the moneys payable to the Commission under the contract, and interest on the balance of the purchasing price outstanding at the beginning of each month shall be payable to

136 State Housing Act 1945 the Commission by the lessee at the rate per centum per annum prescribed from time to time; and (ii) From the commencement of the term of the freeholding lease, the monthly instalment payable under the contract and “ The State Housing Acts, 1945 to 1957,” shall be altered to such sum as will liquidate both the moneys (including interest thereon) payable under the contract and the purchasing price (including interest thereon) of the land not later than the expiration of the extended term of the contract. (3) In the case of a freeholding lease whereto subparagraph (iii) of paragraph (a) of section seven of this Act applies— (i) A deposit of one-twentieth of the amount of the purchasing price which shall accompany and be paid with the notice by the lessee that he elects to proceed with his application under this Part of this Act; and (ii) The balance of the purchasing price, together with interest on the amount thereof outstanding at the beginning of each month of the ten year term of the lease at the rate per centum per annum prescribed from time to time, shall be liquidated by such monthly instalments as shall be determined by the Commission from time to time which instalments are payable respectively on or before the last day of each month of the ten year term of the lease, commencing on the quarter day next following the date when the deposit is paid. (4) Notwithstanding any provision of “ The State Housing Acts , 1945 to 1957,” or any term or condition of the freeholding lease, the lessee may at any time complete payment in full of the purchasing price of the land paying— (a) In a case where the purchasing price of the land has been added to the moneys payable under the contract of sale of a home erected on the land, the unpaid amounts of the moneys payable under the contract and of the purchasing price of the land together with the interest payable in respect of those amounts up to the date of payment thereof; and (b) In any other case, the unpaid amount of the purchasing price of the land together with the interest payable thereon up to the date of the payment thereof.

137 State Housing Act 1945 (5) Without prejudice to any other remedy had by it, the Commission may recover, by action as for a debt in any court of competent jurisdiction, any moneys due and not paid to it in respect of the purchasing price (including interest thereon) of the land comprised in a freeholding lease. (6) (a) Subject to paragraph (b), the provisions of section 9 of The State Housing Acts and Another Act Amendment Act of 1957 shall continue to apply to leases deemed pursuant to this Part to be freeholding leases prior to the commencement of Part IV of the Commonwealth and State HousingAgreement and State Housing Act and Another Act Amendment Act1978 as if those provisions had not been varied by that Part IV. (b) In respect of every lease deemed, pursuant to subsection (3), to be a freeholding lease prior to the commencement of Part IV of the Commonwealth and State Housing Agreement and State Housing Act andAnother Act Amendment Act1978, the balance of the purchasing price and the prescribed interest thereon shall be liquidated by such monthly instalments as shall be determined from time to time by the Commission payable respectively on or before the last day of each month of the balance of the ten year lease commencing on the ﬁrst quarter day next following the commencement of that Part. (7) In respect of the purchasing price of land under this section, the Governor in Council may from time to time by Order in Council— (a) prescribed the rate per centum per annum of the interest payable thereon; (b) vary the rate per centum per annum of the interest payable thereon by increasing above or reducing below the rate ﬁxed by the preceding Order in Council. An Order in Council made under this subsection shall come into force on such date as may be speciﬁed therein or, if no such date is so speciﬁed, on the date of the publication thereof in the Gazette and shall continue in force until and including the day next preceding the date when the next following such an Order in Council comes into force. 10 Freeholding covenant (1) Every lease, deemed pursuant to this Part II of this Act to be a freeholding lease, shall be deemed to contain a covenant that the Governor in Council shall in the name of Her Majesty, grant in fee-simple to the lessee the land comprised in the lease—

138 State Housing Act 1945 (a) Upon payment of all moneys, including interest thereon, payable in respect of the purchase of the land comprised in the freeholding lease and of the home erected thereon; (b) Upon the due performance by the lessee of the terms and conditions of the contract of sale of the home erected on the land; and (c) Upon the due performance by the lessee of all other terms and conditions binding upon him of the lease. (2) Upon a lessee becoming entitled to performance of the covenant referred to in subsection one of this section, the Commission shall surrender to the Crown any estate or interest of the Commission in the land concerned. (3) The Governor in Council shall, in the name of Her Majesty, grant in fee-simple any land to a person thereunto entitled under this Part II of this Act. Section 285 of Land Act 1962–1975 applied (4) Section 285 of the Land Act 1962–1975 shall apply with respect to any deed of grant issued pursuant to this Part of this Act, and for the purposes of so applying that section the provisions thereof shall be read with and subject to all necessary adaptations, including by reading as a reference to the Commission any reference therein to the Department of Lands. (5) Every grant in fee-simple by the Governor in Council pursuant to this Act and every deed of grant issued accordingly whether before or after the commencement of the StateHousingActandAnotherActAmendmentAct1979 shall be and, it is hereby declared, always was deemed to have been issued under the Land Acts the provisions whereof relating to deeds of grant apply thereto. 10A Application of Land Act of 1962 to freeholding leases Subject to the provisions of this Act, the provisions of The Land Act of 1962 or that Act as subsequently amended which apply to grazing homestead freehold leases relating to registers, transfers, transmissions, mortgages, sub-leases and other dealings, forfeiture, resumption and compensation shall, with and subject to all necessary adaptions apply and, it is hereby declared, always did apply from the commencement of that Act to a freeholding lease and for that purpose—

139 State Housing Act 1945 (a) a reference to the Minister in that Act shall be read and construed as a reference to the Minister charged with the administration of this Act; (b) a reference to the Department of Lands or to the Department in that Act shall be read and construed as a reference to the Commission. © State of Queensland 2003