State Housing Act Amendment Act 1959 (WA)

1959.] State Housing. [No. 45.

STATE HOUSING.

8° Elizabeth II., No. XLV.

No. 45 of 1959.

AN ACT to amend the State Housing Act, 1946-1958.

[Assented to 10th November, 1959.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the State Eriattitn.

Housing Act Amendment Act, 1959.

(2) In this Act the State Housing Act, 1946-1958,

is referred to as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the State Housing Act, 1946-1959.

No. 45.] State Housing. [1959.

8.21

amended. 2.

Subsection (1) of section twenty-one of the principal Act is amended by adding after the word, "Act" being the last word in paragraph (o), the passage, "and under or pursuant to the agreement entered into between The Commonwealth and the State, the execution of which by the State was authorised and the agreement as so executed confirmed by the Commonwealth and State Housing Agreement Act, 1956."

S.66

amended. 3. Section sixty-six of the principal Act is

amended

(a) by repealing and re-enacting subsection (2)

with amendments as follows

(2) (a) Without limiting the general- ity of the foregoing, and notwithstanding anything to the contrary contained in this Act, the Commission-

(i)   shall, subject to the Minister, administer for and on behalf of the State the agr eement approved and ratified by the Commonwealth and State Hous- ing Agreement Act, 1945; and

(ii)    shall so administer and shall be deemed to have and to have always had since the first day of July, one thousand nine hundred and fifty-six, the power to so administer for and on behalf of the State the agreement entered into between The Commonwealth and the State, the execution of which by the State was author- ised and the agreement when so executed confirmed by the Com- monwealth and State Housing Agreement Act, 1956.

(b) The agreements referred to in this subsection are in this Part called "the Housing Agreements." ;

1959.] State Housing. [No. 45.

(b) by adding after subsection (2) a subsection as follows

(2a) In order to remove any doubts, which but for the enactment of this sub- section might arise it is hereby expressly declared, without prejudice to the provisions of subsection (2) of this section, that everything done, permitted or suffered by the Commission or any person and every payment made by the Commission in exercise or purported exercise of any right, power, authority or duty conferred or imposed upon the Commission by this Act or the Common- wealth and State Housing Agreement Act, 1956, and the agreement authorised and confirmed by that Act in respect of the administration of the agreement by the Commission on behalf of the State, shall be deemed on and after the first day of July, one thousand nine hundred and fifty-six to be valid and effectual as if subsection (2) of section sixty-six of this Act as repealed and re-enacted by the State Housing Commission Act Amendment Act, 1959, had come into operation on that date, and are hereby accordingly ratified, confirmed and vali- dated;

(c)	by substituting for the word, "Agreement" in lines ten, eleven, and thirteen of sub- section (3), the word, "Agreements";
(d)	by substituting for the word, "Agreement" in lines two, four and five, and fourteen and fifteen of subsection (4), the word, "Agree- ments."

4. Subsection (1) of section sixty-seven of the emended.

principal Act is amended by substituting for the

word, "Agreement" in line five, the word, "Agree-

ments."