State Housing Act Amendment Act 1972 (Qld)

216 kyluensfUU4 ANNO VICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 27 of 1972 An Act to Amend the State Housing Act 1945-1971 in certain particulars [ ASSENTED TO 21ST DECEMBER, 1972] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the State Housing Act Amendment Act 1972. (2) The State Housing Act 1945-1971 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the State Housing Act1945-1972.

State Housing Act Amendment Act 1972, No. 27 217 2. Amendment of s. 11 . Section 11 of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- (1) Officers. The Governor in Council may appoint- (a) one or more persons each to be called "Assistant Commissioner of Housing "; (b) a person to be the Chief Technical Officer; (c) a person to be the Secretary to the Commission (in this Act referred to as " the Secretary "); (d) a person to be Officer in Charge of each district office of the Commission (in this Act referred to as a " District Officer "), and may appoint also such other officers and employ such employees as are necessary for the administration of this Act."; (b) in subsection (2), (i) omitting the words "may be made under" and inserting in their stead the words " shall be made under and subject to "; (ii) omitting the words ", in such event,"; (c) in subsection (3), omitting the word " Commissioner " and inserting in its stead the word " Board "; (d) in subsection (4), (i) omitting the word " Commissioner " and inserting in its stead the word " Board "; (ii) omitting the word " recommends " and inserting in its stead the word " approves ". 3. Amendment of s. 22 . Section 22 of the Principal Act is amended by, in subsection (1), (a) in the proviso to subparagraph (a) of paragraph (i), omitting the words " five thousand dollars " and inserting in their stead the expression " $7,500 "; (b) in subparagraph (e) of paragraph (v), (i) omitting subparagraph (ii) and inserting in its stead the following subparagraph:- (ii) by public auction or public tender at not less than the upset price fixed by it, or where that land has been put up to public auction or offered by public tender and remains unsold, by private contract:"; (ii) in the proviso, (A) omitting the word " acre " and inserting in its stead the word " hectare "; (B) inserting after the word " auction " the words " or public tender ".

218 State Housing Act Amendment Act 1972, No. 27 4. Amendment of s. 22B . Section 22B of the Principal Act is amended by, in subsection (2), in paragraph (a), (a) inserting after the word " aforesaid " the words " 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) "; (b) omitting the words " Governor in Council shall fix " and inserting in their stead the words " Governor in Council upon the recommendation of the Commission shall fix ". 5. Amendment of s. 24A. Section 24A of the Principal Act is amended by, in subsection (7), (a) omitting the words ", with the approval of the Governor in Council shall, by notification published in the Gazette " where they occur in the first paragraph, and inserting in their stead the word " shall "; (b) omitting the second paragraph and inserting in its stead the following paragraph:- " The capital value of the land shall be the amount fixed by the Commission under paragraph (b) of subsection (3) of this section.". 6. Amendment of s. 25B. (1) This section shall be deemed to have come into operation on the first day of July 1972: Provided that, but without prejudice to the Acts Interpretation Act 1952-1971, the provision of section 25B of the Principal Act as in force immediately prior to the amendment thereof by this section shall continue in force with respect to every advance or contract mentioned in that section that was made before the date of the coming into operation of this section. (2) Section 25B of the Principal Act is amended by- (a) in subsection (1), omitting the words " two thousand six hundred dollars " where they occur in subparagraph (b) of paragraph (ii), and inserting in their stead the expression " $3,640 "; (b) in subsection (3), omitting the words " two thousand two hundred and fifty pounds " where they occur, and inserting in their stead in each case the expression " $5,000 ". 7. Amendment of s. 26 . Section 26 of the Principal Act is amended by, in subsection (2), inserting after the proviso the following paragraph:- " The Commission may dispense with the requirement set out in paragraph (b) of the proviso to the preceding paragraph, if it is satisfied that the person or the wife or husband of the

State Housing Act Amendment Act 1972, No. 27 219 person has a sufficient reason for not residing in a house owned by either or both of them and that house is not situated in the city or town in which the person is seeking to rent a house from the Commission and thereupon the proviso shall, in relation to that person, be construed as if subparagraph (b) did not appear therein.". 8. Repeal of and new s. 29. The Principal Act is amended by repealing section 29 and inserting in its stead the following section:- " 29. Financial arrangements in respect of Commonwealth- State Housing Scheme . (1) The moneys standing at credit to the fund called the " Commonwealth-State Housing Fund " created pursuant to section 29 of the State Housing Act1945-1971 as at the first day of July 1973 shall be paid into the Fund. (2) All moneys received by the Commission on and after the first day of July 1973 in respect of repayments, rents and other moneys with respect to the business of the Commission under this Part shall be paid into the Fund. (3) All moneys to be expended pursuant to this Part on and after the first day of July 1973 in respect of costs of land and buildings purchased or acquired under this Part and all other costs, charges and expenses incurred in the administration of this Part shall be paid out of moneys standing at credit to the Fund and available to be duly applied to the purposes of this Part. (4) Any financial or other adjustment that may be necessary in regard to the Fund or in regard to any other Loan Fund or Trust Fund or other fund at the Treasury or otherwise for the purpose of giving effect to this section may be made and is hereby authorized. (5) The Commonwealth-State Housing Fund referred to in subsection (1) shall be discontinued and closed on the first day of July 1973.". 9. New s. 30A. The Principal Act is amended by inserting after section 30 the following section:- " 30A. Discretion as to requirement re ownership of dwelling-house . Notwithstanding any provision of this Act whereby it is a requirement as to eligibility for any purpose that the applicant or the wife or husband of the applicant, as the case may be, is not the owner of a dwelling-house in Queensland or elsewhere the Commission, in cases where it is satisfied that the applicant and the wife or husband of the applicant, as the case may be, are not living together as husband and wife and that

220 State Housing Act Amendment Act 1972, No. 27 it is unlikely that they will so live together in the future, may determine that the requirement shall apply to the applicant only, and upon such a determination the material provision of this Act shall, in relation to that applicant, be construed accordingly.". 10. Amendment of s. 33 . Section 33 of the Principal Act is amended by, in subsection (5), (a) omitting the word " or " where it occurs after the end of subparagraph (i) of paragraph (f); (b) adding to paragraph (f) the following word and subparagraph:- "; or (iii) where the rate at which the transferee or assignee would be required by virtue of paragraph (b) of this subsection, to pay interest is less than the rate at which the borrower or purchaser referred to in that paragraph was required to pay interest ". 11. Amendments relating to currency references . The Principal Act is amended as set forth in the Schedule to this Act. THE SCHEDULE AMENDMENTS RELATING TO DECIMAL CURRENCY [s. 11] Provisions to be Amended Omit Insert Section 22 (1A) Section 23 (4) (b) Section 23 (4) (b) Section 23 (4) (b) Section 23 (5) Section 23 (5) Section 25A (2) (c) Section 25A (3) Section 25A (5) Section 25A (7) (a) Section 25A (7) (a) Section 25A (7) (b) (i) Section 25A (7) (b) (ii) Section 25A (7) (b) (ii) Section 25A (7) proviso Section 25A (10) Section 26A (4) fifty pounds two thousand four hundred pounds two thousand five hundred pounds two thousand seven hundred and fifty pounds one thousand and forty pounds one thousand and forty pounds one thousand and forty pounds ten pounds .. twenty pounds . the word "pounds" where it occurs after the word " four " five hundred pounds five hundred pounds one thousand pounds five hundred pounds one thousand pounds one thousand pounds three thousand pounds $100 $4,800 $5,000 $5,500 $2,080 $2,080 $2,080 $20 $40 $1,000 $1,000 $2,000 $1,000 $2,000 $2,000 $6,000

State Housing Act Amendment Act 1972, No. 27 221 THE SCHEDULE - continued [S. 11] AMENDMENTS RELATING TO DECIMAL CURRENCY- continued Provisions to be Amended Omit Insert Section 33 ( 2) (b) (i) Section 33 ( 2) (b) (iii) Section 33 (2) (c) Section 35 Section 35 Section 41 Section 41 Section 43 (2) four pounds ten shillings four pounds ten shillings four pounds ten shillings fifty pounds two hundred pounds fifty pounds two hundred pounds fifty pounds 4.5 45 4.5 $100 $400 $100 $400 $100