State Housing Act Amendment Act 1972 (WA)

WESTERN AUSTRALIA.

STATE HOUSING.

No. 22 of 1972.

AN ACT to amend the State Housing Act 1946-1969.

[Assented to 26th May, 1972.]

RE it enacted by the Queen's Most Excellent

Majesty, 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:—

Short title

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

Housing Act Amendment Act, 1972.

Reprinted in

(2) In this Act the State Housing Act, 1946-1969

Vol. 17 of the

Reprinted

is referred to as the principal Act.

Acts as

approved for

reprint, 1st

March, 1061

(3) The principal Act as amended by this Act

and

amended by

may be cited as the State Housing Act, 1946-1972.

Acts Nos. 36

of 1961,41

of 1964, 11

of 1966,

50 of 1968,

and 11 and

102 of 1960.

No. 22.] State Housing. [1972.

S. 3

Section 3 of the principal Act is amended by adding after the passage, "PART VIII., ss. 66 to 67—ARRANGEMENTS WITH COMMONWEALTH." the passage, "PART VIIIA., ss. 67A to 67 I— FURTHER ARRANGEMENTS WITH COMMON- WEALTH.".

amended. 2.

S. 6

amended. 3. Section 6 of the principal Act is amended

(a) by adding after the section number "6." in line one, the subsection designation

"(1)";

(b)	by deleting the words "one thousand one hundred and ninety-six pounds per annum" in lines four, five and six of para- graph (b) of the interpretation "worker" and substituting the passage "the relevant amount per annum fixed by the Minister under subsection (2) of this section that is applicable";
(c)	by deleting the words "the limit of one thousand one hundred and ninety-six pounds aforesaid" in the first proviso to the interpretation "worker" and substituting the passage "the amount for the time being fixed under subsection (2) of this section";
(d)	by deleting the third proviso to the inter- pretation "worker"; and
(e)	by adding at the end thereof a subsection as follows

(2) The Minister may from time to time by notice published in the Govern- ment Gazette

(a) fix the amount of salary, wages or income which is to be the relevant amount for the purposes of paragraph (b) of the inter- pretation "worker" in subsection (1) of this section;

1972.] State Housing. [No. 22.

(b)

vary or revoke any notice

previously so published,

but the Minister shall not fix any amount under this subsection which is less than such amount as the Commission certifies in writing to the Minister to be the greatest amount of salary, wages or income payable at that time to any tradesman within the metropolitan area of Perth. .

4.    Subsection (1) of section 40 of the principal 5.40

Act is amended by substituting for the words amended.

"eight thousand dollars" in line five of the proviso to paragraph (b), the words "nine thousand dollars".

5. Section 62 of the principal Act is amended— 5.62 amended.

(a)	by adding after the passage "62." in line one the subsection designation "(1)"; and
(b)	by adding at the end thereof the following subsection

(2) The Commission may authorize the reduction of the rent ordinarily pay- able under a tenancy agreement by a tenant if the tenant is a person who is included in a class of persons whom the Minister considers to have insufficient means to be able to pay the rent ordinarily paid by tenants in respect of that dwelling house. .

Part VIDA

6 The principal Act is amended by adding after added.

Part VIII the following Part

PART VIIIA.-FURTHER ARRANGEMENTS WITH

COMMONWEALTH.

Definitions

67A. (1) In this Part and

"approved institution" means a building society registered under the Building Societies Act, 1920 and any other body application.

No. 22.] State Housing. [1972.

that is approved under section 7 of the Commonwealth Act as a body to which loans may be made out of the State Home Builders' Account;

"instrument of constitution" means the Act or other instrument by which, an approved institution is constituted and by authority of, or subject to, which, the approved body carries on its business, and includes rules, by-laws, regulations, and other subordinate authorizations effective under the Act or other instrument;

"loan agreement" means an agreement between the State and an approved institution in relation to a loan of moneys from the State Home Builders' Account for the provision of finance to assist borrowers to erect or purchase dwellings for themselves and their families;

"the commencing day" means the sixth day of December, 1971, being the day on which the Commonwealth Act came into operation;

"the Commonwealth Act" means the States Grants (Housing) Act 1971, as amended from time to time, of the Commonwealth.

(2) The provisions of this Part shall be deemed for all purposes to have come into operation on the commencing day.

(3) Without limiting the generality of sub- section (2) of this section, it is hereby expressly declared that any act or thing done or deter- mined by or on behalf of the State, the Minister or the Commission or by any society or approved institution on or after the commencing day but prior to the day on which the State Hous-

ing Act Amendment Act, 1972 received the

1972.] State Housing. [No. 22.

Royal Assent which would have been lawful under the provisions of this Part of this Act had this Part been in operation at that time, shall be deemed for all purposes to have been lawfully done or determined under this Part.

Minister

67B. (1) The Minister and the Commission,

and

Commission

on behalf of the State, are hereby respectively

authorized

to imple-

invested with such powers, functions, duties

ment States

Grants

and responsibilities as are necessary or con-

(Housing) Act of the

venient for

Common-

wealth.

(a)	enabling the State, and the Minister and the Commission on behalf of the State, to obtain such grants, assistance and benefits as are provided or capable of being provided under the Common- wealth Act; and
(b)	enabling the State, and the Minister and the Commission, to fulfil such con- ditions and comply with such other requirements as are necessary for obtaining the grants, assistance and benefits referred to in paragraph (a) of this subsection.

(2) Without limiting the generality of sub-

section (1) of this section

(a)	the Commission shall on behalf of the State maintain an account to be known as the "State Home Builders' Account" for the purposes of meeting the condi- tions set out in, and fulfilling the objects and purposes of, sections 7 and 8 of the Commonwealth Act; and
(b)	the Commission is hereby authorized, on behalf of the State, to pay moneys into the State Home Builders' Account, to expend and advance moneys stand- ing to the credit of that account, and generally to operate that account so as to comply with conditions imposed

No. 22.] State Housing. [1972.

by, and to fulfil the objects and pur- poses set out in, sections 7 and 8 of the Commonwealth Act.

Power to 67C.

Power to enter into and to carry out loan agreements with the State is conferred by this Act on any approved institution, notwith- standing that the power is not conferred by the instrument of constitution of the approved institution, and notwithstanding any provision of the instrument of constitution to the con- trary.

make loan

agreements.

Terms and

conditions of 67D.

(1) The State and an approved insti- tution may agree to the inclusion in a loan agreement of such terms and conditions as they think fit, but the provisions of section 67E of this Act apply to, and are included by virtue of this section in, every loan agreement entered into after the commencing day, whether those provisions are or are not expressly included by the agreement in it, or are expressly excluded by the agreement from it.

agreement.

(2) Without limiting the generality of sub- section (1) of this section, the conditions which may be included in a loan agreement include conditions

(a)	fixing or limiting the rate of interest payable by borrowers in respect of moneys advanced to them by the approved institution;
(b)	fixing or limiting the term or period of years for which any advance may be made to a borrower by the approved institution;
(c)	prohibiting the approved institution from making any advance to a borrower where the value of the house, or of the house and land, in respect of which the advance is sought, exceeds the amounts respectively determined from time to time by the Commission; and

1972.] State Housing. [No. 22.

(d) prohibiting the approved institution from making any advance to a borrower whose income exceeds the amount determined from time to time by the Commission.

67E. (1) Subject to sections 67F and 67GG

of this Act, where an approved institution charge.

makes a loan agreement the State has, by

virtue of this Act and notwithstanding the pro-

visions of any other Act or delegated legislation,

or of the instrument of constitution of the

approved institution, as floating security for the

due observance by the approved institution of

the terms and conditions of the loan agreement,

a floating charge on the whole of the under-

taking and other property and assets, present

and future, of the approved institution.

latrItf and

(2)

A floating charge created by this section has priority to all other charges, whether they arose or were created before, or arise or are created after, the commencing day.

(3) Any amount owing under a loan agree- ment by an approved institution to the State is a debt owing to the Crown.

(4) If and when applicable, the provisions of section 291 and Part X of the Companies Act, 1961, apply in respect of the debt, but this sub- section does not derogate from the generality of the operation of the provisions of subsections (1), (2) and (3) of this section.

(5) Unless and until proceedings are com- menced for winding up of the approved institution,

whether under Part X of the Companies Act, 1961; or on termination of the approved institution as mentioned in paragraph (a) of subsection (1) of section 29 of the

No. 22.] State Housing. [1972.

Building Societies Act, 1920; or by such other procedure as is provided for the wind- ing up of the approved institution; or

unless and until the State,

pursuant to the provisions, if any, of the loan agreement in respect of which the security and charge exist, directs otherwise;

the floating security and charge created by this section do not in any way preclude the approved institution from, or limit the approved insti- tution in, carrying on business in the ordinary course as if the security did not exist and the charge had not been created.

Approved

institution	67F. (1) Where an approved institution makes or has made a loan agreement, it may, with the consent of the Treasurer and the Minister, execute such securities over so much of its property and assets both real and personal as creates a charge thereon and which in the opinion of the Treasurer secures the due observance by the approved institution of the terms and conditions of the loan agreement.
may give
securities.
(2) Where an approved institution makes or has made a loan agreement and, pursuant to subsection (1) of this section, executes in relation to that agreement such securities as are referred to in that subsection

(a)	the provisions of section 67E of this Act do not have effect or cease to have effect, as the case requires, so as to create any floating charge or security by virtue of the making of that agree- ment; and
(b)	the Treasurer may, on the recom- mendation of the Minister, from time to time release from the charge such securities as are, in his opinion, no longer necessary to secure the due

1972.] State Housing. [No. 22.

observance by the approved institution of the terms and conditions of the loan agreement.

(3) Any securities referred to in subsection (1) of this section shall be, notwithstanding the provisions of any other Act and notwithstand- ing the existence on the property and assets of any other charge or encumbrance by virtue of this subsection, a first charge on so much of the property and assets of the approved institution as is from time to time the subject of those securities.

67G. Where

assets of

Property and

approved

institution

(a)	an approved institution has, at any	may be
released.
time after the commencing day, made a loan agreement; and
(b)	the approved institution has not, in relation to that loan agreement, executed securities pursuant to subsec- tion (1) of section 67F of this Act,

the Treasurer may, at the request of the approved institution and on the recommenda- tion of the Minister, release from the floating charge and security created by section 67E of this Act on the making of the loan agreement, such of the property and assets of the approved institution as are, in his opinion, no longer necessary to secure the due observance by the approved institution of the terms and condi- tions of the loan agreement.

6711. (1) Where an approved institution is a party to a loan agreement the appropriate	Power of
inspection
of approvedof affairs
Minister of the State may, whenever he thinks	institution.
fit, appoint a person to examine the affairs of the approved institution and to report to the Minister on the result of the examination.

No. 22.] State Housing. [1972.

For the purpose of enabling him to make the examination, a person so appointed, has, and if necessary may exercise, the powers con- ferred on a Royal Commission by the Royal Commissions Act, 1968.

(2)

(3) An appointment in writing purporting to have been made under this section and pur- porting to have been signed by a Minister is sufficient authority for a person so appointed to exercise the functions and powers of examination.

Special

powers of	67 I. Notwithstanding anything to the con-
societies to

make	trary contained in the Building Societies Act,
advances of
moneys,	1920 or the instrument of constitution of an
other than
by way of	approved institution, the approved institution
mortgage.	may make advances to a borrower other than upon security of freehold or leasehold property by way of mortgage where

(a)	the moneys being advanced to the borrower have been loaned to the approved institution under a loan agreement; and
(b)	the moneys being so advanced to the borrower will be used by him to pur- chase a dwelling erected upon, or to erect a dwelling upon, land which at the time the advance is made is owned by the Commission. .