State Housing Acts Amendment Act of 1961 (10 Eliz ll No. 12) (Qld)

574 (]Duccnslmth ANNO DECIMO ELIZABETHAE SECUNDAE REGINAE. ••••••••••••••••••a•••••••••••••••• ••••••••••••••• No. 12. An Act to Amend "The State Housing Acts, 1945 to 1957," in certain particulars. [ASSENTED TO 29TH MARCH, 1961.] 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. l. (1.) This Act m&y be cited as" The State Housing Acts Amendment Act of 1961." Principal (2.) "The State Housing Acts, 1945 to 1957," are Act. in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be title. collectively cited as "The State Housing Acts, 1945 to 1961."

1961. State Housing Acts Amendment Act. 575 (4.) Sections five and seven of this Act shall be Commence- deemed to have come into operation on the first day ::;tfss. 5 of January, one thousand nine hundred and fifty-nine. 2. Section sixteen of the Principal Act is amended Amendment by omitting subsection six and inserting in its stead of s. 16• the following subsection :- " (6.) Until applied for the purpose for which paid into the Fund the Commission shall pay on deposit 01· other trust moneys such interest as would be payable thereon were such moneys deposited in the Common- wealth Savings Bank." 3. Section twenty-four of the Principal Act is A ~ m ~ en ~ dments a m e nded by - (a) In subsection one inserting after the word "erected", wherever that word appears, the words ", or in the course of erection, or to be erected " ; and (b) Adding to paragraph (ii.) of subsection three the following subparagraph:- " In the case of a sale of a house in the course of erection, or a house to be erected, the Commission may agree to sell at a price to be determined according to the foregoing provisions of this paragraph (ii.) upon the completion of erection, and may in such case further agree that the price to be so determined shall not exceed a specified sum." 4. The Principal Act is amended by inserting after ~ew s. 24A section twenty-four the following section:- inserted. " [24A.] (1.) Subject to this section, in order to Power.of_ assist a person to obtain land on which to erect a dwelling- fir;:~d~n house, the Commission may- home sites. (a) Enter into an agreement to sell to any person for an estate in fee-simple any land which is vested in the Commission for an estate in fee-simple or any vacant Crovm land which, having been set apart by the Governor in Council, by notification in the Gazette, for the purposes of this Act, has become and is available for the purposes of this Act; or

576 State Housing Acts Amendment Act. 10 ELIZ. II. No. 12, (b) Enter into arrangements with any person for the grant to such person of a perpetual town lease or perpetual suburban lease of any vacant Crown land which, having been set apart by the Governor in Council, by notification in the Gazette, for the purposes of this Act, has be{)ome and is available for the purposes of this Act. (2.) The Commission shall not, in respect of any land, enter into any agreement mentioned in paragraph (a) or arrangements mentioned m paragraph (b) of subsection one of this section with any person unless the Commission is satisfied- (a) That such person intends to use the land for the purpose of erecting thereon a home for himself and his dependantss and for no other purpose; (b) That neither such person nor his or her spouse, if any, is the owner of, or holds from the Crown for a lesser estate than freehold, any land in Queensland or elsewhere on which a dwelling-house may be erected; and (c) That neither such person nor his or her spouse, if any, is the o-wner of a dwelling-house in Queensland or elsewhere. (3.) (a) The purchasing price of any land agreed -to be sold by the Commission pursuant to this section shall be agreed upon between the Commission and the purchaser. (b) The Commission shall fix the capital value of any land the subject of arrangements mentioned in paragraph (b) of subsection one of this section entered into by it. Such capital value shall be exclusive of the value of any improvements 1 upon such land, but the Commission shall also fix the value of such improvements, jf any. (c) In the case of arrangements with respect to a perpetual town lease or perpetual suburban lease of any improved land, the person who is a party thereto shall, within the period of eighteen months next following the date of entry by the parties into the arrangements,

1961. State Housing Acts Amendment Act. pay to the Commission the capital value, as fixed by the Commission, of the improvements, and the making of such payment in full shall be a condition of the arrangements and such condition shall be binding upon such person and shall be performed by him. (4.) Every agreement to sell any land entered into by the Commission with any person pursuant to this section shall contain the following conditions which shall be binding upon such person and be performed by him, that is to say- (a) That such person shall have paid a deposit of not less than twenty-five per centum of the purchasing price before the entry by the Commission into the agreement ; (b) That such person will pay interest at the prescribed ra~ calculated at monthly rests, u~on the unpaid balance of the purchasing price; (c) That such person will pay the balance of the purchasing price with interest thereon, within the period of six months next following the date of entry by the parties into the agreement, by payment on the day in each month specified in the agreement of monthly instalments of such amount, or of such amounts respectively, as is or are specified in the agreement ; (d) That such person will within the period of eighteen months next following the date of entry by the parties into the agreement, contract in writing for the erection on the land concerned of a dwelling-house which may be lawfully erected thereon and make provision for financing the building of such dwelling-house in terms of such contract; (e) That such person will, as from the date of entry by the parties into the agreement, pay all rates, taxes and other charges on the land concerned. (5.) In every case arrangements for the grant of a perpetual town lease or a perpetual suburban lease entered into by the Commission with any person pursuant to this section shall contain the conditions set 19 577

578 State Ho1isi11g Acts Amendment A.ct. 10 Euz. II. No. 12, out in paragraphs (d) and (e) of subsection four of this section, which conditions shall be binding upon such person and be performed by him. For the purposes of this subsection, paragraphs (d) and (e) of subsection four of this section shall be read as if the term " arrangements " were substituted for the term "agreement" therein. (6.) If and when the Commission is satisfied that any person to whom the Commission has agreed in pursuance of this section to sell any land has complied in every respect with the conditions of the agreement specified in subsection four of this section the Commission shall- (a) If such land is vested in the Commission for an estate in fee-simple, execute and give to such person a memorandum of transfer, correct for registration under " The Real Property Acts, 1861 to 1960," and transferring such land to such person for an estate in fee- simple; or (b) In any other case, certify in writing such compliance to the Minister for submission to the Governor in Council who shall thereupon, in the name of Her Majesty, grant in fee-simple such land to such person and cause a deed of grant thereof to issue in his name accordingly. Every such grant shall be subject to the several conditions and reservations contained in and declared by the Land Acts," The Mining on Private Land Acts, 1909 to 1956," and " The Petroleum Acts, 1923 to 1958." (7.) If and when the Commission is satisfied that any person with whom the Commission has made arrangements in pursuance of this section for the grant to him of a perpetual town lease or a perpetual suburban lease of any land has complied in full with the conditions of such arrangements specified in paragraph (c) of subsection three and subsection five of this section, the Commission shall certify in writing such compliance to the Minister who thereupon, with the approval of the Governor in Council shall, by notification published in the Gazette cause such land to be open for lease as a perpetual town lease or, accordingly as arranged, a perpetual suburban lease.

1961. State Housing Acts Arnendrnent Act. Such notification shall state the capital value of the land, which shall be the capital value thereof fixed by the Commission. Such lease shall not be offered at auction, and the only person authorised or permitted to apply for or hold such lease shall be the person with whom the Commission entered into the arrangements in question. Every such lease shall be a perpetual town lease or, accordingly as arranged, a perpetual suburban lease and, subject to and except as otherwise provided in this section, the provisions of section one hundred and twenty-one of the Land Acts, and the provisions of the Land Acts referred to in the said section one hundred and twenty-one, shall apply to every such lease accordingly. In so applying those provisions reference therein to the Minister, wherever appearing, shall be construed as referring to the Minister charged for the time being with the administration of this Act. (8.) Every agreement to sell any land entered into by the Commission with any person pursuant to this section shall contain a covenant by the Commission that if and when the Commission is satisfied that such person ·has complied in every respect with the conditions of the agreement specified in subsection four of this section, the Commission will- (a) If such land is vested in it for an estate in fee-simple, execute and give to such person a memorandum of transfer, correct for registration under "The Real Property Acts, 1861 to 1960," and transferring such land to such person for an estate in fee-simple ; or (b) In any other case, certify such compliance in writing to the Minister and take and do all such other steps and things as are necessary to be done or may be done by it for the purpose of obtaining a grant in fee-simple of such land to such person and the issue of a deed of grant therefor in his name accordingly. (9.) All arrangements for the grant of a perpetual town lease or a perpetual suburban lease entered into by the Commission with any person pursuant to this section shall contain a covenant by the Commission that, 579

580 State Housing Acts Amendment Act. 10 ELIZ. II. No. 12, if and when the Commission is satisfied that such person has complied in every respect with the conditions of the arrangements specified. in paragraph (c) of subsection three and subsection five of this section, it will certify in writing such compliance to the Minister and will take and do all such other steps and things as are necessary to be taken or done or may be taken or done by it for the purpose of obtaining the grant of a perpetual town lease or, according to such arrangements, a perpetual suburban lease in the name of such person. (10.) (a) If any person who has entered into an agreement with the Commission pursuant to this section for the sale to such person of any land makes default in the payment of any sum payable by him to the Commission or commits any breach of any other condition of the agreement specified in subsection four of this section, the Commission may rescind the agreement and enter upon and take possession of the land. (b) Any person may, with the consent of the Commission and subject to giving up possession to the Commission of the land in question, rescind an agreement entered into by him with the Commission pursuant to this section. (c) Upon the rescission of any agreement entered into pur~uant to this section, whether by the Commission pursuant to paragraph (a) of this subsection or by the person who is the other party thereto with the consent of the Commission pursuant to paragraph (b) of this subsection, the Commission shall- (i.) Firstly apply the moneys, if any, paid to it under the agreement in respect of the purchasing price (exclusive of so much thereof as is attributable to interest on the purchasing price) in payment of any stamp duty, or other fees or charges in respect of the transaction or any instrument in relation thereto, or any rates, taxes or other charges upon the land in. question, which being payable is or are then unpaid ; and (ii.) Secondly, repay the remainder, if any, of such moneys, less so much thereof as is attributable to interest on the purchasing price, to the person who is the other party to the agreement in question.

1961. State Iloiising Acts Amendment Act. (d) If the aggregate of the payments specified in subparagraph (i.) of paragraph (c) of this subsection exceeds the moneys to be applied in making such payments, the Commission may, in respect of the making of such payments or any of them either wholly or partlyt apply such moneys as it deems fit. Nothing in this subsection shall affect the liability of the person who was the other party to the agreement in question to make any such payment to the extent to which it is not made by the Commission. (11.) (a) If any person who has entered into any arrangements with the Commission pursuant to this section for the grant to such person of a perpetual town lease or a perpetual suburban lease commits any breach of the conditions of such arrangements specified in paragraph (c) of subsection three of this section or in subsection five of this section, the Commission may rescind the arrangements and enter upon and take possession of the land. (b) Any person may, with the consent of the Commission, and subject to giving up possession to the Commission of the land in question, rescind any arrangements entered into by him with the Commission pursuant to this section. {c) The rescission of any arrangements entered into pursuant to this section, whether by the Commission pursuant to paragraph (a) of this subsection, or by the person who is the other party thereto with the consent of the Com.mission pursuant to paragraph (b) of this subsection, shall not affect the liability of the person who was the other party to such arrangements to pay any stamp duty or other fees or charges in respect of the transaction or any instrument in relation thereto, or any rates, taxes or other charges upon the land in question, which being payable is or are unpaid at the date of the rescission. The Commission shall repay to the person who is the other party to the rescinded arrangements the amount, if any, paid by him. to it in respect of the capital value of improvements upon the land in question less, if any loss of, or depreciation in value of, such improvements occurred whilst the arrangements were in force, the amount of such loss or depreciation. 581

582 State Housing Acts Amenclment Act. 10 ELIZ. II. No. 12, (12.) Nothing in this Act shall exempt from stamp duty any agreement or arrangements 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 or arrangements. All 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, or as the case may be, arrangements, and such person shall also pay all fees and other charges payable under "The Real Property Acts, 1861 to 1960," or, in the case of a grant of a deed the Land Acts or, in the case of a grant of a lease, this Act." Repeal of 5. The Principal Act is amended by repealing a e. .n2d6Bne. w section 25B thereof and inserting, in lieu of that repealed section, the following section :- Home builders' insurance. " [25n.] (1.) Subject to this section and to clause twelve of the Schedule to this Act the Commission shall be deemed to insure and to keep insured as prescribed by subsection three of this section every person who, on or after the first day of January, one thousand nine hundred and fifty-nine,- (a) Obtains from the Commission, for the purpose of assisting him or them to erect a dwelling- house, an advance under this Act repayable before the expiration of a period not exceeding thfrty years (exclusive of the period of six months during which interest only is payable in respect of the advance); (b) Contracts under this Act to purchase from the Commission a dwelling-house pursuant to a contract whereunder the purchasing price is payable before the expiration of a period not exceeding thirty years, and who- (i.) Is under the age of forty years and not in receipt of an income greater than one thousand and forty pounds per annum after deducting therefrom all concessional deductions under and within the meaning

1961. State Housing Acts Amendment Act. of the Income Tax and Social Services Contribution Assessment Act, 1936-1959 (or any Act amending or substituted for that Act) of the Commonwealth at the date when- (a) He first occupies the dwelling-house in question ; or (b) (In the case of a contract as hereinbefore mentioned in this section made in respect of a dwelling-house then occupied by him or by another person who is jointly with him a party to the contract) the contract is made, or at such earlier date as may be determined by the Commission (which earlier date shall be not more than two months prior to the date when he first occupies the dwelling-house or, in a case whereto subparagraph (b) of this paragraph (i.) applies, the contract is made); and (ii.) At the date when- (a) He first occupies the dwelling-house in question ; or (b) (In the case of a contract hereinbefore mentioned in this section made in respect of a dwelling-house then occupied by him or by another person who is jointly with him a party to the contract) the contract is made, or at such subsequent date not later than six months after he first occupies the dwelling- house in question or, in a case whereto subparagraph (b) of this paragraph (ii.) applies, the contract is made as is determined by the Commission, produces to the Commission medical evidence of good health which satisfies the Commission that his expectancy of life, apart from any occupational hazard, is such that he would not be required to pay a loading or higher rate of premium in order to obtain any insurance on his life in accordance with the accepted practices in relation to life insurance business at the time in question. 583

584 State Housfog Acts Amendment Act. 10 ELIZ. II. No. 12, (2.) In applying subsection one of this section to any case the circumstances whereof are exceptional, the earlier date referred to in paragraph (i.) of subsection one of this section may be determined by the Commission, with the approval of the Minister, at a date not more than six months prior to the date when the dwelling-house is first occupied, or, if subparagraph (b) of the said paragraph (i.) applies, the contract is made. (3.) Subject to subsection five of this section such insurance shall cover such person and any other person who is jointly a party with him to the transaction in question with the Commission against the risk of the death of such person, leaving him surviving a widow, a child or children under the age of twenty-one years, or a dependent mother or, where the life covered is that of a female person, leaving her surviving a child or children under the age of twenty- one years, or a dependent mother. but not leaving her surviving a widower, before he or they has or have completed the repayment or, as the case requires, payment in full of all principal moneys and interest payable by him or them in respect of- (a) The advance obtained by him or them from the Commission under this Act ; or (b) The purchasing price of the dwelling-house purchased by him or them from the Commission under this Act, and the benefit obtainable under the insurance cover in the event of the death of such person, leaving him surviving a widow, a child or children under the age of twenty-one years, or a dependent mother or leaving her surviving a child or children under the age of twenty-one years, or a dependent mother, but not leaving her surviving a widower, shall be the aggregate up to but not exceeding two thousand two hundred and fifty pounds of the balance of the aforesaid principal moneys lawfully becoming due and payable on and after the date of his death and not paid before that date and of all interest payable in respect of that balance and the Commission shall apply such benefit in payment of such balance and interest payable in respect thereof accordingly.

1961. State Housing Acts Amendment Act. If the aggregate of the balance of the aforesaid principal moneys lawfully becoming due and payable after the date of death and of all interest payable in respect of that balance exceeds two thousand two hundred and fifty pounds the Commission may agree with the personal representative of the deceased person in question as to the manner in which it will apply the benefit in part payment of such balance and interest or, failing such agreement, the Commission may so apply the benefit as it deems just having regard to the circumstances of the particular case. (4.) Subsection three of this section applies subject to this subsection. In the case of- (a) .An advance obtained from the Commission; or (b) A contract to purchase a dwelling-house from the Commission entered into, on or after the first day of January, one thousand nine hundred and fifty-nine, but before the date of the passin* of " The Swte Housing Acts Amendment Act of 1961,' subject to subsection five of this section, the cover under such insurance and the benefit payable in respect of such cover shall be as prescribed by subsection two of section 25B of " The State Housing Acts, 1945 to 1957," as in force immediately prior to the repeal of such section by "The State Housing Acts Amendment Act of 1961." (5.) In the event of- (a) The periodical payments to be made in repayment of capital and payment of interest in respect of any advance or contract to which this section applies becoming in arrears to an amount not less than the aggregate of such periodical payments for a period of two months or, in any case where the Minister approves on the ground of exceptional circumstances, six months ; or (b) The Commission completing before the death of the person concerned any power of entry into possession or any power of sale given to it under any security or contract or by this Act, 585

586 State Housing Acts Amendment Act. 10 ELrz. II. No. 12, the insurance cover under this section in respect of the advance or contract in question shall by virtue of that fact cease and determine, and, unless and until it is revived as prescribed by this subsection, neither the person whose life is covered nor any other person whomsoever shall have any right or claim t-0 any benefit under such insurance cover. Such insurance cover shall be revived by the making of all payments specified in paragraph (a) of this subsection which have become due and payable, including all arrears thereof and all amounts thereof becoming due after the determination of the insurance cover: Provided that such payments are made before the Commission has completed any power of entry or any power of sale referred to in paragraph (b) of this subsection and that, in the case of the third or any subsequent such determination, the Commissioner shall have recommended to the Minister that he consent to the reviver, and the Minister shall have so consented in writing. Arrears mentioned in subparagraph (a) of the first paragraph of this subsection which arose before the date of the passing of" The State Housing Acts Amendment Act of 1961," shall not be taken into account for the purposes of this subsection, unless such arrears are unpaid at such date and the borrower or purchaser fails to pay them within thirty days after the Commission notifies him in writing that the insurance cover under this section in respect of his advance or contract will cease and determine unless he makes such payment. :For the purposes of this subsection the exercise of a power of sale shall be deemed to be completed when the Commission becomes bound by an agreement to sell or a contract of sale. (6.) For the purposes of the provisions, other than subsection five, of this section, any provision of any mortgage, contract, or other security or agreement whereby the payment of the balance of any principal moneys owing thereunder becomes due and payable either forthwith or immediately or is otherwise accelerated in the event of any de.fault in compliance with the covenants, terms or conditions thereof shall be inoperative.

1961. State Housing Acts Amendment Act. 587 (7.) The Treasurer shall pay to the Queensland Housing Commission Fund and the Commonwealth- State Housing Fund all such moneys as may from time to time be appropriated by Parliament for payment to those funds respectively for the purposes of this section. (8.) In the case of co-owners or co-purchasers the provisions of this section apply but to the extent that the life of only such one of them as the Commissioner determines shall be covered. 6. The Principal Act is amended by inserting ~ew s.i3A after section forty-three thereof the following section:- lll80rte • "[43A.] (1.} Without prejudice to any other right, ,:rustice to power, or remedy of the Commission, a justice being :Si:ant for a stipendiary magistrate, acting stipendiary magistrate, posseBBion. clerk of petty sessions, or acting clerk of petty sessions, shall, upon a complaint in writing and on oath by the Commissioner or by any other person duly authorised in that behalf under the hand of the Commissioner that- (i.} The Commission in the exercise of its powers under this Act has leased or let to a person named in the complaint land described in the complaint ; (ii.} The term or interest of such lessee or tenant in such land has been duly determined by notice to quit or demand for possession served on the lessee, or person claiming under him, or tenant, requiring him within the period named in the notice or demand (being not less than fourteen days from the date of service thereof) to deliver up possession of the land; (iii.) Such lessee, or person claiming under him, or tenant, has neglected to quit and deliver up possession of such land and remains in actual occupation thereof; and (iv.) Such lessee, or person claiming under him, or tenant, has failed to pay the rent reserved by the lease or tenancy in respect of a period of not less than twenty-eight days, issue his warrant addressed to the person nominated in that behalf under the hand of the Commissioner or person authorised as aforesaid or to a member of the Police Force requiring and authorising him, within a period to be therein named, and not being less than

588 State Housing Acts Amendment Act. 10 ELIZ. II. No. 12, seven or more than thirty clear days from the date of the warrant, to enter (by force if needful) into such land and to remove such lessee, or person claiming under him, or tenant, as aforesaid, and to give possession of the same to the Commission, and such warrant shall be sufficient authority to such person, or member of the Police Force, to enter upon such land, with such assistants as he shall deem necessary, to remove such lessee, or person claiming under him, or tenant, as aforesaid, and to give possession to the Commission accordingly. The payment to and acceptance by the Commission of any rent accrued due after the expiration of the notice to quit or demand for possession shall not operate as a waiver of such notice or demand or create any tenancy or other interest in the land in question, unless the Commission shall have agreed in writing to waive such notice or demand in consideration for such payment. (2.) A warrant issued under this section in relation to a building, or a unit or part of a multiple dwelling- house or other building, shall authorise the person or member of the Police Force to whom it is addressed to pass (by force if needful) through, along, across, over or under any land (including in the case of vJny such unit or part, any other part of the multiple dwelling-house or other building in which it is comprised) ordinarily used as a means of access to such building, or unit or part. (3.) Where a warrant has been issued under this section the justice who issued the warrant or any justice who is competent to issue such a warrant shall foi'thwith? upon receipt of a request in writing under the hand of the Commissioner or of any other person duly authorised in that behalf under the hand of the Commissioner, extend or further extend the time for the execution of such warrant. Such an extension or further extension shall be for the period, not being more than thirty clear days from the day of the receipt of the request, stated in the request. (4.) No entry upon a warrant issued under this section shall be made on a Sunday, Good Friday, Christmas Day, or Anzac Day, or at any time except between the hours of nine o'clock in the morning and four o'clock in the afternoon.

10 ELIZ, II. No. 12, 1961. State Housing Acts Amendment Act. 589 (5.) For the purposes of this section, service of a notice to quit or demand for possession may, without prejudice to any other mode of service, be effected by delivering the notice or demand to- (a) Some person apparently over the age of eighteen years and apparently residing in or in occupation of the land ; or (b) The person by whom the rent of the land is customarily paid. (6) Without in any wise limiting the meanings assigned to the terms " Commission " and " land " by this Act, for the purposes of this section- (a) The term " Commission " includes the Commission when acting as agent or attorney for or on behalf of the Crown or any Minister of the Crown ; and (b) The term "land" includes buildings or units or parts of multiple dwelling-houses or other buildings (whether the division is horizonta], vertical or made in any other way). 7. Clause twelve of the Schedule to the Principal Amendment Act is amended by repealing paragraph (c) thereof and o o f fo th . e 12 inserting, in lieu of that repealed paragraph, the following Schedule. paragraph:- " (c) The period during which the repayment or payment in full of all principal moneys and interest payable in respect of- (a) An advance obtained from the Commission under this Act; or (b) The purchasing price of a dwelling-house purchased from the Commission under this ,Act, shall be completed shall be such period not exceeding forty-five years (excluding in the case of such an advance the period of six months during which interest only is payable in respect thereof) as is agreed upon between the Commission and the borrower or purchaser : Provided that any case of a borrower or purchaser (either solely or jointly with any other person specified in section 25B of this Act) where the term so agreed upon exceeds thirty years, the borrower or purchaser or joint borrowers or purchasers (as the case may be) shall by virtue of 1.1,greeing to such term be deemed to have elected not to take the insurance cover provided under section 25B of this Act and accordingly that section shall not apply with respect to the advance or purchase in question."

590 State Housing Acts Amendment Act. 10 ELIZ. II. No. 12, 1961. Savinge. 8. (1.) Notwithstanding the repeal thereof by this Act section 25B of, and paragraph (c) of clause twelve of the Schedule to, " The State Housing Acts, 1945 to 1957," as in force immediately prior to the first day of January, one thousand nine hundred and fifty-nine, shall be deemed to continue in force with respect to all contracts of insurance entered into by the Insurance Commissioner or The State Government Insurance Office (Queensland) pursuant to the provisions of the said repealed section 25B, in respect of advances and contracts under "The State Housing Acts, 1945 to 1957," and no such contract of insurance shall be prejudiced or affected howsoever by such repeal. Where in respect of an advance or contract under "The State Ho1Ming Acts, 1945 to 1957," made or entered into prior to the first day of Januaryj one thousand nine hundred and fifty-nine, the matter of whether or not there is an entitlement to insurance cover under section 25B of" The State Housing Acts, 1945 to 1957/' has not been determined before the passing of this Act, then if, when made, such determination is that there is such entitlement, the said section 25B shall be deemed to continue in force with respect thereto. By Authority: S. G. REID, Government Printer, Brisbane-1961