State Housing Acts Amendment Act of 1950 (14 Geo Vi No. 26) (Qld)

HOUSING. 14 GEO. VI. No. 26, 1950. State Housing Acts Amendment Act. 119 HOUSING. An Act to Amend" The State Housing Acts, 1945 14 N GN o. O 2 . 6 V . I. to 1949," in certain particulars. THE STATE HOUSING ACTS [ASSENTED TO 8TH DECEMBER, 1950.] AMAECNTDMOFENT 1950. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The State Housing Short title Acts Amendment Act of 1950," and shall be read as one and t t' with *" The State Housing Acts, 1945 to 1949," herein cons mClOn. referred to as the Principal Act. The Principal Act and this Act may be collectively ~ ollective cited as " The State Housing Acts, 1945 to 1950." tItle. 2. Section three of the Principal Act is amended by Amendment inserting after the words and figures "PART V.- of s. 3. LETTING OR LEASING OF HOUSES " the words and figures " PART V A.-ADVANCES FOR HOUSING FOR EMPLOYEES". 3. Section twenty-two of the Principal Act is Amendments amended- > of 8. 22. (i.) By inserting after subsection one thereof the following subsection, namely :- "(lA.) The Commission or a person authorised either generally or specially by it may enter and re-enter from time to time upon any land, with such assistants as are required, for the purpose of inspecting that land or of making any survey thereof and may affix or set up thereon trigonometrical stations, survey pegs, marks, or poles and from time to time alter, remove. inspect, reinstate, and repair the same. When practicable reasonable notice shall be given to the occupier of the land of the intention to enter thereon, and the authority under which the person entering claims to enter or has entered shall, if required by the owner or occupier, be produced and shown. A person who obstructs or attempts to obstruct a person acting under the authority of this subsection or who, without due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed * 9 G. 6 No. 24 and amending Acts.

120 HOUSING. State Housing Acts Amendment Act. 14 GEO. VI. No. 26, or set up under the authority of this subsection shall be guilty of an offence and liable to a penalty of not more than fifty pounds." (ii.) By repealing in subparagraph (b) of paragraph (vii.) of subsection two thereof the words and brackets "paragraph (a) of this subsection" and by inserting, in lieu of those repealed words and brackets, the words and brackets" subparagraph (a) of this paragraph ". (iii.) By adding to subparagraph (b) of paragraph (vii.) of subsection two thereof the following paragraph, namely:- " The provisions of this subparagraph (b) shall apply and extend so as to empower the Commission to discontinue a resumption of land either wholly or in part: Provided that the discontinuance of a resumption of land in part by the Commission shall not affect the taking by the Commission of the remainder of that land which taking by resumption may be continued and completed as if that remainder had been the whole of the land described in the notice or notices with respect to that resumption served pursuant to subparagraph (a) of this paragraph." New B. 22B 4. The following section is inserted after section inserted. 22A of the Principal Act, namely : - " [22B.] (1.) If the Commission satisfies the Governor in Council that it is desirable to make land vested in the Commission under this Act available to a person or body corporate for any purpose of or connected with the establishment or carrying on by him or it of an industry, trade, or business, including but without limit to the foregoing provisions of this subsection the provision of housing for his or its employees, the Governor in Council may, upon the recommendation of the Commission, authorise the Commission to surrender to His Majesty and, subject to authority as aforesaid, the Commission may so surrender that land. (2.) (a) Where land is surrendered by the Commission to His Majesty as aforesaid, then, subject to this subsection. the Governor in Council may, in the name of His Majesty, demise by a lease in perpetuity or for a term of years that land to the person or body corporate to whom or which the Commission has satisfied· the Governor in Council it is desirable to make that land available.

HOUSING. ' 121 1950. State Housing Acts Amendment Act. The capital value of land demised under this subsection shall be such sum as the Governor in Council shall fix. (b) This subsection shall be read and construed with *" The Land Acts, 19lO to 1949," and the provisions of that Act shall apply and extend to and with respect to demises of lands in pursuance of this subsection as if those demises were in pursuance of *" The Land Acts, 19lO to 1949," excepting that- (i.) To the extent to which any provision of *" The Land Acts, 19lO to 1949," is inconsistent with a provision of this subsection, it shall not so apply; (ii.) All coal, petroleum, helium, and minerals are hereby expressly declared to remain the property of the Crown; (iii.) All rents payable in respect of lands so demised shall be paid to the Commission; and (iv.) The lease may be granted subject to such covenants binding upon the lessee (with liability to forfeiture of the lease for a breach thereof) as the Governor in Council deems necessary to secure the perf9rmance by the lessee of the purpose for which the land was made available to him." 5. Section twenty-three of the Principal Act is Amendments amended- of s. 23. (a) By repealing the words "seventeen shillings " where those words appear in the first paragraph of subsection three thereof and by inserting, in lieu of those repealed words, the words "eighteen shillings"; (b) By repealing the second paragraph of (being the proviso to) subsection th:r;ee thereof; (C) By repealing the words "one thousand five hundred pounds" where those words appear in subsection four thereof llnd by inserting, in lieu of those repealed words, the words "one thousand seven hundred and fifty pounds" ; (d) By repealing the words "one thousand eight hundred and fifty pounds" where those words appear in subsection four thereof and by inserting, in lieu of those repealed words, the words" two thousand pounds" ; * 1 G. 5 No. 15 and amending Acts.

]22 HOUSING. State Housing Acts Amendment Act. 14 GEO. VI. No. 26, (e) By inserting after subsection foul' thereof the following subsection, namely :- Power of the Minister to "(4A.) The Minister may, upon the recommendation approve of of the Commissioner, approve in a particular case of an aexdcveaendcieng advance exceeding the limit imposed by subsection four the of this section and the Commission may make, under and p li r m es it c . ribed in accordance with the provisions of this Act, any advance so approved: Provided that an advance exceeding the limit imposed by subsection three of this section shall not be approved or made in pursuance of this subsection." Amendment 6. Paragraph (i.) of subsection three of section ofs. 24 (3). twenty-four of the Principal Act is amended by repealing the words "fifteen per centum," where those words appear in the first subparagraph thereof, and by inserting, in lieu of those repealed words, the words "ten per centum". The said paragraph (i.) is further amended by repealing the second subparagraph therMf (being the proviso thereto). New 7. The following head note and section are inserted s h n e d o s o . n 2 o 6 t A e after section twenty-six of the Principal Act, namely:- inserted. " PART V A.-ADVANCES FOR HOUSING FOR EMPLOYEES. Power of [26A.] (1.) Subj'ect to this Part the Commission f~ = ~ ~ion may, with the prior approval of the Governor in Council, sdva?-ces for make advances to a person or body corporate specified ~ ~~ l~: e! ~ ~ in subsection two of this section for the purpose of assisting that person or body corporate to provide housing for his or its employees. (2.) The Governor in Council shall not approve of an advance under this Part to a person or body corporate unless and until he is satisfied- (a) That such person or body corporate is engaged or will engage in Queensland in an industry calculated to develop the State and in particular to provide employment; and (b) That having regard to the nature, location and circumstances of that industry, the provision of housing by that person or body corporate for his or its employees is desirable. (3.) An advance under this Part shall be made upon the security of the land and improvements thereon on which the dwelling-houses to assist in providing

HOUSING. 1950. State Housing Acts Amendment Act. which that advance is made will be erected and upon such other securities, if any, over other assets of the person or body corporate concerned as the Commission may, subject to any direction by the Governor in Council, require: Provided that an advance as aforesaid shall not be made to a person or body corporate upon the security ofland until the Commission is satisfied that that person or body corporate holds that land for a freehold estate in possession or for a leasehold estate from the Crown. (4.) An advance under this Part shall not exceed eighteen shillings in the pound of the fair estimated value of the dwelling-houses to assist in providing which that advance is made and of the land whereon those dwelling-houses are to be erected nor exceed in respect of each house to be erected one thousand seven hundred and fifty pounds in the case of a wooden dwelling or two thousand pounds in the case of a brick or concrete dwelling. (5.) A person or body corporate who or which obtains an advance under this Part shall if thereunto required by an employee housed in a dwelling-house provided with the assistance of that advance and eligible under this Act to purchase a dwelling-house from the Commission sell to that employee that dwelling-house and its appurtenant land at a price and upon terms and conditions not less favourable than that employee could obtain if the transaction were a sale under this Act of that dwelling-house and its appurtenant land by the Commission to him. There shall be implied in every mortgage securing an advance under this Part a condition binding upon the mortgagor that he or it will at the request of an employee housed in a dwelling-house the subject of that mortgage and eligible under this Act to purchase a dwelling-house from the Commission sell to that employee that dwelling- house and its appurtenant land at a price and upon terms and conditions not less favourable than that employee could obtain if the transaction were a sale under this Act of that dwelling-house and its appurtenant land by the Commission to him. Every such mortgage may contain provisions stipulating the method of determining the sale price and other terms and conditions of sale as aforesaid, and every such provision shall be binding upon the mortgagor. 123

HOUSING. State Housing Acts Amendment Act. 14 GEO. VI. No. 26, (6.) Where a dwelling-house is sold to an employee in pursuance of subsection five of this section- (a) The deposit, if any, paid to the borrower under this Part in respect of that sale; and (b) The excess of other payments in respect of the purchase price made to that borrower during any and every period of six months ending on the thirtieth day of June or the thirty-first day of December over a proportion hereinafter in this subsection specified of the instalments payable by that borrower to the Commission for that period in respect of his or its advance under this Part, shall be remitted by that borrower to the Commission and credited in reduction of his or its advance. For the purposes of this subsection every instalment payable to the Commission in respect of an advance under this Part made to assist in providing two or more dwelling-houses shall be apportioned between those dwelling-houses respectively on the basis of capital cost of the dwelling-house and value of its appurtenant land. There shall be implied in every mortgage securing an advance under this Part a condition binding upon the mortgagor that he or it will not fail to remit to the Commission any moneys required by this s\1Qsection to be so remitted. (7.) A person or body corporate who or which obtains an advance under this Part shall not, before he or it has repaid to the Commission the amount of that advance, together with all interest payable in respect thereof, without the prior consent in writing of the Commission- (a) Let or sublet or agree to let or sublet or create or agree to create a license to occupy any dwelling-house or part of any dwelling- house provided with the assistance of that advance except to or in favour of a person who is his or its employee; or (b) Sell, transfer, or assign, or agree to sell, transfer, or assign, any dwelling-house provided with the assistance of that advance except to a person who is both his or its employee and eligible under this Act to purchase a dwelling-house from the Commission.

HOUSING. 125 1950. State H01tsing Acts Amendment Act. There shall be implied in every mortgage securing an advance under this Part a condition binding upon the mortgagor that he or it will not contravene any provision of this subsection." Ne; 8. The following sections are inserted after section : : ~ 26B 26A of the Principal Act, as previously inserted by this r:Serted. Act, namely :- t h I . S P "[ a2r6tB- .] (1.) Subject to the foregoing provisions of - W Ato? It tahdtvroeasanppcepecslty (i.) Any and every provision of this Act (excepting ~ ndr this section 25B hereof) which applies to or ar. with respect to an advance under Part ITI. of this Act shall, subject to all necessary adaptations thereof, apply and extend to and with respect to advances under this Part and the borrowers to whom or which those advances are proposed to be or are made; (ii.) Any and every power, function, right or remedy had by the Commissioner, the Commission, or any officer of the Commission under this Act or under any mortgage or other security given or entered into under or in pursuance of this Act in relation to an advance under Part ITI. of this Act (including the rights and remedies of the Commission against a borrower of an advance under the said Part ITI. who has made default in observing or performing any provision of this Act or any covenant or condition binding upon him of a mortgage or other security given or entered into by that borrower under or in pursuance of this Act) shall be had and may be exercised by the Commissioner, the Commission or, as the case may be, that officer in relation to an advance under this Part; (iii.) Any and ev~ ry obligation, liability or responsibility which, in relation to an advance under Part III. of this Act, is or may be imposed upon a borrower under this Act or under any mortgage or other security given or entered into under or in pursuance of this Act in relation to an advance under the said Part IIL (including the obligations, liabilities and responsibilities of a borrower ofan advance under the said Part III. who has made default in observing or performing any provision of

126 HOUSING. State Housing Acts Amendment Act. 14 GEO. VI. No. 26,1950. this Act or any covenant or condition binding upon him of a mortgage or other security given or entered into by that borrower under this Act) shall or, as the case may be, may be imposed upon a borrower in relation to an advance under this Part; and (iv.) The power to make regulations under this Act shall include power to make all such regulations as the Governor in Council deems necessary or convenient, whether generally or to meet a particular case, to administer or to carry out the objects and purposes of this Part. Where under this Act a regulation may be made for a specified purpose a regulation for that purpose may be limited in its application so as to apply and extend only in relation to advances under this Part, and any subsisting regulation made for a specified purpose may be amended, altered, varied or otherwise modified so as to extend its application to and with respect to advances under this Part. Powers of [26c.] Every body corporate which obtains an body t advance under this Part to assist in providing housing for cwoirtphorreaspeect ' 1 t S emp 1 o . yees s h a 11 , notwI . t h stan d m ' g any A ct, or 1 aw, or tOdborroh:ving rule of law, be deemed to be and to have at all material u P n arte. r t IS t' lmes b een ' mcorporate d W . It h powers- (a) To provide for its employees the housing in relation to which it borrowed that advance; (b) To borrow moneys for the purpose for which it obtained that advance; (c) To give and enter into all such mortgages and other securities over the lands together with improvements thereon and other assets of that body corporate which it has mortgaged or otherwise pledged as a security or securities for that advance; and (d) Generally to do and execute or to empower or cause to be done or executed all those contracts, engagements, acts, matters or things which that body corporate has done or executed or caused or empowered to be done or executed for any purpose of, or connected with, or relating to that advance, and the incorporation of that body corporate with those powers shall be presumed in the trial of any action

HOUSING-LABOUR. 127 15 GEO. VI. No. 14, 1951. Workers' Compensation, Etc., Act. brought by the Commission against it, or by it against the Commission, and evidence proving or tending to prove that at a material time it was not incorporated with or had exceeded those powers or any of them shall not be led or adJ;nitted." 9. The amendments of the Principal Act made by Retrl?- paragraphs (a), (b), (c), and (d) of section five and by = ~ ~ ~ ~ n of . section six of this Act shall be deemed to have been amend- SO ma.de on the sixth day of June, one thousand nine menta. hundred and fifty, and those amendments shall operate retrospectively on and from that date accordingly. INQUIRY, COMMISSIONS OF. See EVIDENCE. IPSWICH TRADES AND LABOUR HALL LAND PERPETUAL LEASE. See PART H. IRRIGATION. See LAND. JUBILEE HOLIDAY (COMMONWEALTH). See HOLIDAYS. LABOUR. An Act to Amend" The Workers' Compensation 15:~~ ir' Acts, 1916 to 1949," in certain particulars. W01~RS' [ A SSENTED TO 30TH MARCH, 1951.] COMPAEONTSSATION AMENDMENT B E it enacted by the King's Most Excellent Majesty, " i~ ~ f. F by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as " The Workers' Short title Compensation Acts Amendment Act of 1951," and shall be : ~ ! tru~ tion. read as one with *" The Workers' Compensation Acts, 1916 to 1949,"herein referred to as the Principal Act. The Principal Act and this Act may be collectively ~ onective cited as " The Workers' Compensation Acts, 1916 to 1951." tItle. t(2.) This Act shall come into operation on a date to be fixed by the Governor in Council by Proclama.tion published in the Gazette. * 6 G. 5 No. 35 and amending Acts. t Commenced on 9th April, 1951. (See Proclama.tion published in Gazette of 7th April, 1951, p. 1306.)