State Housing Act Amendment Act 1990 (Qld)

1332 STA T E HO US ING ACT A M E NDM E NT A CT ANALY SIS OF CONTENTS 1. Short title 2. Citation 3. Amendment of s. 11 4. New s. 22C. Commission may make grants 5. New s. 22D Commission may enter into joint ventures 6. New s. 22E Audit of accounts 7. Amendment of s. 23 8. Amendment of s. 23A. Advances for the purchase of dwelling houses 9. Amendment of s. 2313 . Sale of lots under Building Units and Group Titles Act to pensioners 10. Amendment of s. 24 11. Amendment of s. 24A. Power of Commission to provide home sites 12. New s. 32A Interest rates payable by borrowers and purchasers in respect of certain advances and contracts of sales, determined by Minister 13. Amendment of Schedule ANNO TRICESIMO NONO ELIZA ET AE SECUNDAE REGINAE o. 7 of AIL9 5, 0 An Act to amend the State Housing Act 1945-1989 in certain particulars [ASSENTED TO 10TH OCTOBER, 1990]

State Housing Act Amendment Act 1990, No. 74 1333 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 . This Act ; may be cited as the State Housing Act Amendment Act 1990. 2. Citation . (1) In this . Act the StateHousing Act 1945-1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the State Housing Act 1945-1990. 3. Amendment of s. 11 . Section 11 of the Principal Act is amended by, after subsection (5), inserting the following subsection:- "5A. Duplicate seal. The Commission may authorize the making of duplicates of the official seal and may authorize 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 authorized in writing to seal on behalf of the Commission.". 4. New s. 22C. The Principal Act is amended by inserting after section 22B the following section:- "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 authority or association for the purpose of enabling that local authority or association to provide housing to any person. (2) In subsection (1) "association" means an incorporated association, society, institution, body or co-operative 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.". 5. New s. 22D. The Principal Act is amended by inserting after section 22C as inserted by this Act the following section:- "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 authority which joint venture provides for the carrying out, control, or management , either jointly or by one party on behalf of any

1334 State Housing Act Amendment Act 1990, No. 74 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 sub- divided land; (d) the marketing of houses or subdivided land. 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 furth e ran ce of the joint venture; (f) guarantee the due performance of any covenants, promises, obligations or liabilities (including the repayment of loans, bank overdress 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

State Housing Act Amendment Act 1990 , No. 74 1335 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 J oint venture or which the Minister may by writing direct it to do to give effect to its obligations under a joint venture.". 6. New s. 22E..The Principal Act is amended by inserting after section 22D as inserted by this Act the following section:- "22E. Audit of accounts . (1) Subject to this section but notwithstanding any other Act or law the Auditor-General shall audit the accounts of every body of persons (whether corporate or unincorporate) associated with the Commission in a joint venture authorized by section 22D. (2) Where pursuant to subsection (1) the Auditor-General is required to audit the accounts of a body of persons that is a company within the meaning of the Companies (Queensland) Code the Auditor-General shall, for the purposes Y that Code, be taken to have been appointed auditor pursuant to that Code and notwithstanding that Code it is not competent to the company to remove the Auditor-General from his office as auditor of the company. (3) Every audit under this section of the accounts of a body of persons • that is other than a company within the meaning of the Companies (Queensland) Code shall be performed in such manner and at such times as the Auditor-General thinks fit. (4) In auditing the accounts of a body of persons pursuant to this section the Auditor-General shall, in addition' to any powers and authorities he may have under any other Act or law, have the powers and authorities granted by Order in Council. (5) An Order in Council made for the purpose of subsection (4) may be made to apply generally or to a particular body of persons or to bodies of persons included in a particular class. (6) The Governor in Council may by Order in Council exempt the Auditor-General from compliance with the duty imposed upon him by subsection (1) in a particular case or particular cases.. (7) For the purposes of this section a body of persons shall be taken to be associated with the Commission- (a) where the body of persons is a corporation within the meaning of the Companies (Queensland) Code- if its memorandum or articles of association provide

1336 State Housing Act Amendment Act 1990, No. 74 that any or all of the directors of the corporation are to be members or officers or employees of the Commission; - (b) if the Commission owns not less than 50% of the property used in connexion with the joint venture or if not less than 50% of any voting rights which relate to the joint venture are, controlled by the Commission; (c) where in any other case the Governor in Council; upon consideration of a written report made by the Commission and the Auditor-General to the Minister and upon the recommendation made by the Minister in relation to that report, by Order in Council so directs.". 7. Amendment of s. 23 . Section 23 of the Principal Act is amended by- (a) in subsection (2)- (i) in paragraph (b), omitting the words "a home for himself and his dependants" and substituting the words "his home"; (ii) in paragraph (c) before the word "neither", inserting the words "except in circumstances approved by the Commission,"; (b) in subsection (3), omitting the words "90 per centum of'. 8. Amendment of s. 23A. Advances for the purchase - of dwelling houses. Section 23A of the Principal Act is amended by- (a) in subsection (2)- (i) in paragraph (a), omitting the words "a home for himself and his dependants," and substituting the words "his home"; (ii) in paragraph (b) before the word "neither", inserting the words "except in circumstances approved by the Commission,"; (b) in subsection (4), omitting the words "90 per centum of'. 9. Amendment of s. 23B. Sale of lots under. Building Units and Group Titles Act to pensioners . Section 23B of the Principal Act is amended by, in subsection (6) (a) (v), inserting before the word "none" the.words "except in circumstances approved by the Commission,". 10. Amendment of s. 24. Section 24 of the Principal Act'is amended by- (a) in subsection (1) after the word "Act" where it secondly occurs, inserting the words "a house and land which . has been. or is being acquired. by the Commission or";

State Housing Act Amendment Act 1990 , No. 74 1337 (b) inserting after subsection (1) the following subsection:- "(1A) Where- (a) the Commission acquires a house and land pursuant to this Act and is or becomes the registered proprietor of that land; (b) the fee simple of the land whereon a house is erected or in the course of erection, or to be erected pursuant to this Act is vested in the Commission, .the power conferred on the Commission by subsection (1) includes the power to sell a share in the house and land and, unless a contrary intention appears, any reference to "house", "dwelling house" and "land" in this section, section 25 or other section applicable or which becomes applicable subsequent to the sale of a house, dwelling house, or land shall be read and construed to include a share of a house, dwelling. house or land."; (c) in subsection (2)- (i) in paragraph (a), omitting the words "a home for himself and his dependants," and substituting the words "his home"; (ii) in paragraph (b), omitting the word "Neither" and substituting the words "Except in circumstances approved by the Commission, neither"; (d) in subsection (3), omitting from provision (i) all words commencing from "of not less than-" to and including "so determined." and substituting the words "in such amount, if any, as may be determined by the Minister from time to time.". 11. Amendment of s. 24A. Power of Commission to provide home sites. Section 24A of the Principal Act is amended by- (a) in subsection (2)- (i) in paragraph (a), by omitting the words "thereon a home for himself and his dependants," and substituting the words "his home thereon"; (ii) in paragraph (b), inserting after the word "That" the words ", except in circumstances approved by the Commission,"; (iii) in paragraph (c), inserting after the word "That" the words ", except in circumstances approved by the Commission,"; (b) in subsection (4) (a), omitting the words "ten per centum" and substituting the words "that per centum (if any) determined by the Minister from time to time,". 12. New s. 32A. The Principal Act is amended by inserting after section 32 the following section:- "32A. Interest rates payable by borrowers and purchasers in respect of certain advances and contracts of sales, determined by

1338 State Housing Act Amendment Act 1990, No. 74 Minister. Notwithstanding any provision of this Act, in respect of- (a) every advance under this Act made by the Commission; and (b) the purchasing price payable under every contract of sale under the Act entered into by the Commission, whereof an application was received by the Commission on,or after the commencement of theState Housing Act Amendment Act 1990, interest shall be payable to the Commission by the borrower or purchaser, at such rate or rates per centum per annum as shall from time to time be determined by the Minister after consultation with the Treasurer.". 13. Amendment of Schedule. The Schedule in the Principal Act is amended by, in clause 13 after the existing paragraph, inserting the following paragraph:- "Where the unpaid balance of any advance made under this Act after the commencement of the State Housing Act Amendment Act 1990 is repaid in full by a single payment prior to. the full term of the advance, the Commission may charge the borrower an amount not exceeding three months interest on the amount of the advance outstanding immediately prior to its repayment.".