State Housing Acts Amendment Act of 1955 (4 Eliz Ii No. 14) (Qld)

HOUSING. 4 E liz . II. No. 14, 1955. State Housing Acts Amendment Act. 229 An Act to Amend “ The State Housing Acts, 1945 to 4 Ijfu11 1953,” in certain particulars. [A ssented to 20 th A pril , 1955.] H ousing A cts A mendment AcT 0F 1956- E it enacted by the Queen’s Most Excellent Majesty, B 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 State Housing Short title. Acts Amendment Act of 1955.” (2.) *“ The State Housing Acts , 1945 to 1953,” are municipal this Act referred to as the Principal Act. ‘c' (3.) The Principal Act and this Act may be Collective collectively cited as “ The State Housing Acts, 1945tltle' to 1955.” 2. The following section is inserted after section New s. 2 u twenty-one of the Principal Act, namely :— mserte ' “ [ 21 a . ] (1.) The Commission may under, subject Loans and to, and in accordance with this Act— minors (i.) Make an advance for all or any of the purposes ra prescribed by section twenty-three of this and iv. of A A c 4. t: or this Act. (ii.) Sell a dwelling house together with its appurtenant land, to a person of or over the age of eighteen years but under the age of twenty-one years. (2.) A person of or over the age of eighteen years but under the age of twenty-one years may do, execute, make, give and enter into all such mortgages, other securities, contracts of sale, other contracts, and other instruments, things and acts as are prescribed by this Act to be done, executed, made, given, or entered into by the borrower in relation to an advance under Part III. of this Act or by the purchaser in relation to the sale by the Commission under this Act of a dwelling house, or which by, under, or in pursuance of this Act the Commission is required, authorised or enabled to require, permit or allow to be done, executed, made, 9 G. 6. No. 24 and amending Acts.

230 HOUSING. State Sousing Acts Amendment Act. 4 E liz . II. No. 14, given, or entered into by the borrower in relation to an advance under Part III. of this Act or by the purchaser in relation to a sale by the Commission under this Act of a dwelling house. (3.) The Commission and such a borrower or purchaser shall have and may exercise, in all respects as if the borrower or purchaser had been of the full age of twenty-one years at any and every material time, all such rights, powers and remedies, and shall be subject to all such obligations, liabilities and responsibilities as are conferred or imposed upon them respectively by, under or in pursuance of this Act, or any mortgage, other security, contract of sale, other contract, or instrument, thing or act done, executed, made, given or entered into by that borrower or purchaser in relation to the advance to him under Part III. of this Act or the sale to him under this Act of a dwelling house. (4.) No such mortgage, other security, contract of sale, other contract or other instrument, thing or act shall be void or voidable for that it was done, executed, made, given or entered into by the borrower or purchaser when he was under the age of twenty-one years. (5.) *“ The Real Property Acts, 1861 to 1952,” shall apply subject to this section.”. Amendments 3 . Section twenty-three of the Principal Act is ■of s. 23. amend i ed i — (i.) By repealing subsection four and by inserting, in lieu of that repealed subsection, the following subsection, namely :— “ (4.) (a) The Governor in Council may from time to time by Order in Council, determine the maximum amount which may be advanced under this Part of this Act to a person. Such amount may be so determined differently in respect of dwelling houses constructed of different materials as specified in the relevant Order in Council. (6) Until first determined by Order in Council under this subsection to be some other sum or sums respectively, that maximum amount shall be— (i.) In the case of a wooden dwelling house- two thousand four hundred pounds ; * 25 V. No. 14 and amending Acts.

HOUSING. 231 1955. State Housing Acts Amendment Act. (ii.) In the case of a brick veneer dwelling house— two thousand five hundred pounds ; and (iii.) In the case of a brick or concrete dwelling house-—two thousand seven hundred and fifty pounds. (c) Save as prescribed in this section, no advance under this Part of this Act shall exceed the maximum amount therefor determined for the time being by or under this subsection.” ; and (ii.) By repealing in subsection five the words “ seven hundred and fifty pounds ” where appearing twice, and by inserting, in lieu of those repealed words, the words “ one thousand and forty pounds ”. 4. Subsection two of section 25 a of the Principal Amendment Act is amended by repealing in paragraph (c) the words 0 s' A ‘ “ eight hundred pounds ” and by inserting, in lieu of those repealed words, the words “ one thousand and forty pounds ”. 5. Section 25 b of the Principal Act is amended —Amendments of* s. 23 b * (i.) By repealing in paragraph ( d) of subsection one the words “ eight hundred pounds ” and by inserting, in lieu of those repealed words, the words “ one thousand and forty pounds ” ; and (ii.) By adding to that section the following subsection, namely :-— “ (4.) (a) Subsection two of this section applies subject to this subsection. (b) In respect of— (i.) An advance under this Act; (ii.) A contract under this Act to purchase a dwelling house; or (iii.) A contract under *“The Workers’ Homes Acts, 1919 to 1953,” to purchase a home, obtained or made on or after the passing of f“ The State Homing Acts Amendment Act of 1955,” the maximum benefit payable under the insurance cover provided under this section shall be two thousand two hundred and fifty pounds.”. * 10 G. 5No. 7 and amending Acts, t This Act.

232 HOUSING—JUSTICES. Magistrates Courts Acts Amendment Act. 3 E liz . II. No. 32, 6 . Subsection two of section twenty-seven of the 8‘ ' Principal Act is amended by adding thereto the following paragraph, namely :— “ Additionally to the powers, functions, and authorities conferred upon the Commission by this Act, the Commission may, subject to such directions, if any, as may be given to it by the Minister from time to time, exercise, perform, do and take all such powers, functions, authorities, things and steps as are necessary or convenient to be exercised, performed, done or taken for carrying out the objects and purposes of this Part and, in particular, for or with respect to administering and giving full operation and effect to the Commonwealth and State Housing Agreement as authorised and approved by *“ The Commonwealth and State Housing Agreement Acts, 1945 to 1955 JUSTICES. 3 N o .IZ; s 2IL M agistrates C ourts A cts actko ? mi 954 . An Act to Amend “ The Magistrates Courts Act of 1921,” in certain particulars. [A ssented to 28 th O ctober , 1954.] B E it enacted by the Queen’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 :— Short title. Principal et‘ x. (1.) This Act may be cited as “ The Magistrates Courts Acts Amendment Act of 1954.” (2.) f “ The Magistrates Courts Act of 1921,” is in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be 1 e‘ collectively cited as “ The Magistrates Courts Acts, 1921 to 1954.” Amendments of s. 4. 2. Section four of the Principal Act is amended — # (a) By repealing the words “ two hundred pounds ” wherever appearing and by inserting, in lieu of those repealed words wherever so repealed, the words “ six hundred pounds ” ; and * 10 G. 6 No. 6 and amending Acts, t 12 G. 5 No. 22.