State Housing Act Amendment Act 1981 (Qld)

533 (iu>rextslarth ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 64 of 1981 An Act to amend the State Housing Act1945-197 9 in certain particulars [ASSENTED TO 14TH SEPTEMBER, 1981]

534 State Housing Act Amendment Act 1981, No. 64 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 1981. (2) In this Act the StateHousing Act1945-1979 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the State Housing Act1945-1981. 2. Amendment of s. 3. Section 3 of the Principal Act is amended by inserting after the words " PART VA-ADVANCES FOR HOUSING FOR EMPLOYEES;" the words " PART VB-SALE OF EMPLOYEE HOUSING;". 3. Amendment of s. 4. Section 4 of the Principal Act is amended by- (a) in the definition " Dwelling-house " inserting after the words " its appurtenances," the words " the part or parts of a building comprising a lot shown on a building units plan registered pursuant to the BuildingUnits and Group Titles Act1980 "; (b) omitting the definition " Prescribed ", the definition " Regulations" and the definition "This Act ". 4. New s. 4A. The Principal Act is amended by inserting after section 4 the following section:- " 4A. Application of Act regarding Building Units and Group TitlesAct 1980 . (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 re-subdivided into lots and common property by the registration of a plan pursuant to the BuildingUnits and Group Titles Act1980; and (b) any lot shown on a plan referred to in paragraph (a). (2) Any provision of this Act authorizing the subdivision, re-plan or re-subdivision of land shall be construed, in the case of land held in fee-simple, as including authority to subdivide and re-subdivide that land into lots and common property by the registration of a plan pursuant to and subject to the Building Units and Group Titles Act1980.". 5. Amendment of s. 17. Section 17 of the Principal Act is amended in subsection (3), in paragraph (b), by omitting the word " Bank " where it thrice occurs and substituting the word " Commission " in each case. 6. Amendment of s. 19. Section 19 of the Principal Act is amended by inserting after the word " Land " the words ", including any lot shown on a plan registered pursuant to the BuildingUnits and Group TitlesAct1980,".

State Housing Act Amendment Act 1981, No. 64 535 7. Amendment of s. 22. Section 22 of the Principal Act is amended, in subsection (1), in paragraph (v), in subparagraph (a), by omitting the words ", for the purpose of sale to, or for letting " and substituting the words " or erect buildings for subdivision into lots by the registration of a plan pursuant to the Building Units and Group Titles Act1980, for the purpose of sale or for letting as dwelling-houses ". 8. Amendment of s. 22B. Section 22B of the Principal Act is amended in subsection (2), in paragraph (b), by omitting the word "adaptions " and substituting the word " adaptations ". 9. Amendment of s. 24. Section 24 of the Principal Act is amended by- (a) in subsection (6)- (i) omitting paragraph (iiid) and substituting the following paragraph:- " (iiid) Section 285 of the Land Act 1962-1981, subject to all necessary adaptations, shall apply with respect to a deed of grant issued pursuant to this Part and for those purposes references to the Department and to the Registrar of Dealings in that section shall be read and construed as references to the Commission and to the Commission or a person authorized by it respectively."; (ii) in paragraph (viii)- (A) omitting all words from and including the word " grazing " to and including the word " compensation " and substituting the words " leases deemed pursuant to Division III of Part VII of that Act to be leases for terms of years "; (B) omitting the word " adaptions " and substituting the word " adaptations "; (b) in subsection (7), in paragraph (b), omitting the word " adaptions " and substituting the word " adaptations ". 10. Amendment of s. 25C. Section 25c of the Principal Act is amended in subsection (2) by- (a) in the first paragraph, inserting after the word " dwelling-house " the words " or buildings for subdivision into lots by the registration of a plan pursuant to the Building Units and Group Titles Act1980 "; (b) in the second paragraph, inserting after the word " dwelling house " where it twice occurs the words " or building " in each case. 11. New Part VB. The Principal Act is amended by inserting after section 26c the following heading and section:- " PART VB-SALE OF EMPLOYEE HOUSING 26D. Sales of houses let or leased by employers. (1) Where, pursuant to section 25c, the Commission has let or leased a dwelling-house to a person for the purpose of assisting that person to provide housing for employees of that person, and notwithstanding the lease, agreement for lease or tenancy of that dwelling-house, the Commission may where

536 State Housing Act Amendment Act 1981, No. 64 the Governor in Council so approves and upon such terms and conditions and subject to such restrictions, exceptions and reservations as are specified in the approval, sell that dwelling-house (including the land appurtenant thereto) to any person specified in the approval. (2) Upon delivery of possession of a dwelling-house in accordance with the terms and conditions approved by the Governor in Council in respect of the sale of a dwelling-house sold pursuant to this section, any lease, agreement for lease or tenancy agreement entered into under section 25c shall terminate in so far as it relates to that dwelling-house. No action shall lie against the Commission or any person in respect of that termination. (3) Nothing in this Act shall exempt from stamp duty any agreement entered into by the Commission with any person pursuant to this section or any memorandum of transfer, receipt or other instrument executed or given by the Commission or such person for any purpose of such agreement. All such stamp duty in respect of such instruments or any of them shall be payable by the person with whom the Commission has entered into the agreement and that person shall also pay all fees and other charges payable under the Real Property Act 1861-1981, or, in the case of a grant of a deed, the Land Acts. (4) Where the fee-simple of land whereon a dwelling-house is erected is not vested in the Commission, the Commission, upon the due performance by the purchaser of the terms and conditions and compliance with all restrictions, exceptions and reservations binding upon him in respect of the purchase by him of that dwelling-house pursuant to subsection (I), shall surrender to the Crown any estate or interest of the Commission in the land. The Governor in Council shall, in the name of Her Majesty grant in fee-simple the land to the purchaser of the dwelling- house. (5) Every grant in fee-simple by the Governor in Council pursuant to this section and every deed of grant issued accordingly shall be deemed to have been granted and issued under the Land Act 1962-1981 the provisions whereof relating to deeds of grant apply thereto. (6) In this section, the word " person " has the meaning assigned to it in section 25c.". 12. Amendment of s. 29B. Section 29B of the Principal Act is amended in subsection (3), in paragraph (a) by- (a) omitting the word " dwellings " -where it twice occurs and substituting the word " dwelling-houses " in each case; (b) omitting the word " dwelling " and substituting the word " dwelling-house ". 13. Amendment of s. 33. Section 33 of the Principal Act is amended in subsection (5), in paragraph (c) by inserting after the words "Another Act " the words "Amendment Act ".

State Housing Act Amendment Act 1981, No. 64 537 14. Amendment of s. 45. Section 45 of the Principal Act is amended by inserting at the end thereof the following paragraph:- " The report shall include such statements of account and other financial and relevant information as may be prescribed, together with the certificate of the Auditor-General as to whether the statements of account- (a) are in agreement with the account: and (b) in his opinion fairly set out the financial transactions for the period to which they relate and show a true and fair view of the state of affairs at the close of that period on a basis consistent with that applied in respect of the financial year last preceding.". 15. Amendment of s. 48. Section 48 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (2A) The regulations may provide for the Commission in its discretion or in such circumstances as may be prescribed to waive the whole or part of any fees or charges payable under this Act.".