State Housing Acts Amendment Act of 1966 (Qld)

18 1Qrn 2nz1atti^ !EU ^ - ^ IIO IT ANNO QUINTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 5 of 1966 An Act to Amend "The State Housing Acts, 1945 to 1965," in certain particulars [ASSENTED TO 10TH OCTOBER, 1966] 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. (1) Short title . This Act may be cited as " The State Housing Acts Amendment Act of 1966." (2) Principal Act. " The State Housing Acts, 1945 to 1965," are in this Act referred to as the Principal Act. .(3) Collective title . The Principal Act and this Act may be collectively cited as " The State Housing Acts, 1945 to 1966."

State Housing Acts Amendment Act of 1966, No. 5 19 2. Amendments of s. 4. Section four of the Principal Act is amended by, in the definition " Capital cost ",- (a) inserting after the words " together with the interest " the words " as assessed by the Commission "; and. (b) omitting the words " up to the date disclosed in the final certificate or certificates of completion of the house and/or other works." 3. Amendments of s. 22 (11). Subsection (1) of section twenty-two of the Principal Act is amended by- (a) in subparagraph (a) of paragraph (i) omitting the words " five hundred pounds ", where those words appear in the proviso, and inserting in their stead the words " five thousand dollars "; - (b) adding to paragraph (ii) of subparagraph (e) of paragraph (v) the following proviso:- " Provided that the Minister, upon the recommendation of the Commissioner and upon being satisfied that a parcel of land the area whereof does not exceed one acre is not a desirable site for the erection by the Commission of a house or houses, may authorize the Commission to sell such parcel by private contract without first offering it for sale by public auction, and the Commission may so sell the whole or any part of the land comprised in the parcel in question." 4. Amendments of s. 22A (1). Subsection (1) of section 22A of the Principal Act is amended by- (a) omitting the words " not earlier than the ninth day thereafter-"; and (h) omitting paragraphs (i) and (ii). 5. Amendments of s. 24 . Section twenty-four of the Principal Act is amended by- (a) in paragraph (i) of subsection (3) omitting the words " ten per centum of the purchase price " and inserting in their stead the following subparagraphs :- " -(a) (Where the purchase price does not exceed five thousand dollars) ten per centum of the purchase price; or (h) (Where the purchase price exceeds five thousand dollars)-- (i) five hundred dollars; or (ii) if the Governor in Council (who is hereby authorized to do so from time to time) shall by Order in Council determine that such deposit shall be some other amount, the amount for the time being so determined "; (b) in paragraph (i) of subsection (6)- (i) omitting the words " with the approval of the Governor in Council "; (ii) omitting the words " by notification in the Gazette "; (iii) inserting after the words " to be open for lease " the words " at a capital value approved by the Governor in Council "; (iv) omitting paragraph (ii) and inserting in its stead the following paragraph:- (ii) The capital value of the land shall he exclusive of any improvements thereon."

20 State Housing Acts Amendment Act of 1966, No. 5 6. Amendments of s. 25A. Section 25A of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words, numerals and quotation marks " or of a home under " The Workers' Homes Acts, 1919 to 1949 " ", where appearing in the first paragraph; (ii) omitting the words, numerals and quotation marks " or required by the provisions of " The Workers' Homes Acts, 1919 to 1949 " for the purchase of a home under the provisions thereof " and the words, numerals and quotation marks " or " The Workers' Homes Acts, 1919 to 1949 " ", where appearing in the second paragraph, being the proviso to that subsection; (b) in subsection (6) omitting the words, numerals and quotation marks " or the purchase by him under " The Workers' Homes Acts, 1919 to 1949 " of a home ", where appearing in subparagraph (c) of the last paragraph. 7. Amendments of s. 25B. (1) This section shall be deemed to have come into operation on the first day of July, one thousand nine hundred and sixty-six: Provided. that, but without prejudice to " The Acts Interpretation Acts, 1954 to 1962," the provision of section 25B of the Principal Act as in force immediately prior to the amendment thereof by this section shall continue in. force with respect to every advance or contraci mentioned in that section which was made before the date of the coming into operation of this section. (2) Section 25s of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " the first day of January, one thousand. nine hundred and fifty-nine ", where appearing in the general words preceding paragraph (a), and inserting in their stead the words " the first day of July, one thousand nine hundred and sixty-six "; (ii) omitting the words and brackets " and not in receipt of an income greater than one thousand and forty pounds per annum after deducting therefrom all concessions: deductions under and within t_hc meaning of the Income Tax and Social Services Contribution Assessment Act 1936-1959 (or any Act amending or substituted for that Act) of the Commonwealth ", where appearing in paragraph (i); (iii) inserting after paragraph (i) the following paragraph:- (ii) satisfies the Commission that the net income, ascertained as prescribed by subsection (i.) of this section, derived by him for the financial year next preceding 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 subsection 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 was made, was not greater than two thousand six hundred dollars; and ": (iv) renumbering paragraph (ii) as paragraph (iii) and omitting from that paragraph as so renumbered the words "six months" and inserting in their stead the words " nine months " and also omitting therefrom the numeral and brackets " (ii) " and inserting in their stead the numeral and brackets " (iii)

State Housing Acts Amcndnient Act of 1966, No. 5 21 (b) inserting after subsection (1) the following subsections:-- " (IA) In this subsection the expression " concessional deductions means the concessional deductions under and within the meaning of the Income Tax Assessment Act1936-1965 (or any Act amending or substituted for that Act) of the Commonwealth which were allowable thereunder in respect of the financial year in question. For the purposes of paragraph (ii) of subsection (1) of this section the net income derived by any person for a financial year shall be the amount remaining after deducting from the gross income derived by that person for that financial year all concessional deductions to which that person is entitled for that financial, year. (!B) Where in respect of a financial year for which the net income of any person is required to be ascertained for the purposes of paragraph (ii) of subsection (1) of this section, the Commission is satisfied-- (a) in the case of a person who is married at the date when he first occupies the dwelling-house the subject of the advance or contracts to purchase the dwelling-house as mentioned in subsection (1) of this section, that such person was not entitled in full to the concessional deduction in respect of a spouse for the reason that he was not married, or that he was married for part only of that financial year, or that his spouse derived, for that financial year income from employment which, in the opinion of the Commissioner, was of a non-permanent nature: (h) in the case of a person upon whom any child (including any invalid child or student child) is dependent at the date when he first occupies the dwelling-house the subject of the advance or contracts to purchase the dwelling-house as mentioned in subsection (1) of this section, that such person was not entitled in full to the concessional deduction in respect of such a child for the reason that such child was not dependent upon ;him for the whole of that financial year or was dependent upon him for part only of that financial year; (c) in the case of a person who is not married at the date when he first occupies the dwelling-house the subject of the advance or contracts to purchase the dwelling-House as mentioned in subsection (1) of this section, that such person, in respect of that financial year, was entitled, whether in full or ii: part. to the concessional deduction in respect of a spouse; or (d) in the case of a person who, in respect of that financial year, was entitled, whether in full Cr it part, to the concessional deduction in respect of a child (including an invalid o: student child) that, in respect of such child such person ceased to be so entitled before the (late when he first occupies the dwelling-house the subject of the advance or contracts to purchase the dwelling-house as mentioned in subsection (1) of this section. the Commission may adjust the amount which, except for this subsection, would be the net income. as ascertained under subsection (;A) of this section, of the person, concerned foi the financial year in questicr, b^- (i) in any case mentioned in paiagraphs {rd,; or (b ' o" this subsection, reducing; or (ii) in any case mentioned in paragraphs (c, or (d) of this subsection, increasing, that amount by such sum as the Commission deems just, and such adjusted amount shall be the net income for the purposes of paragraph (ii) of subsection (1) of this section.";

22 State Housing Acts Amendment Act of 1966, No. 5 (c) adding the following subsections:- " (9) Where, subject to the production to the Commission of medical evidence of good health as prescribed by paragraph (iii) of subsection (1) of this section, the Commission is satisfied that a person is entitled to the insurance cover provided by this section, the Commission shall defray the cost of the medical examination of such person by a medical practitioner nominated by the Commission where he undergoes such examination for the purpose of obtaining such medical evidence, (10) Where a person whom the Commission is satisfied would be entitled to the insurance cover provided by this section upon the production to the Commission of medical evidence of good health as prescribed by paragraph (iii) of subsection (1) of this section dies before the expiration of the period allowed by that paragraph for the production to the Commission of such medical evidence and without having so produced such evidence, nevertheless the Commission may, having regard to such medical evidence of the health of such person as is available to it, make a recommendation to the Minister who may grant or refuse to grant in respect of the person concerned the insurance cover provided by this section. The decision of the Minister shall be final and conclusive of the matter of whether or not the person concerned is entitled to the insurance cover provided by this section, and such decision shall not be called in question in any proceedings whatsoever. 8. Amendment of s. 27 (2). Subsection (2) of section twenty-seven of the Principal Act is amended by adding to the second paragraph the words ", the agreement relating to housing authorized and approved by " The Commonwealth and State Housing Agreement Act of 1956," as varied for the time being by the agreement authorized by " The Commonwealth and State Housing Agreement Act of 1961," or any other Act, and any other agreement relating to housing made between the Commonwealth and this State which is authorized and approved by any other Act." 9. Amendments of s. 41. Section forty-one of the Principal Act is amended by- (a) in paragraph (3) inserting after the words " contract of sale " the words " or application to rent a house, or application for a rebate of rent "; and (b) inserting after paragraph (3) the following paragraphs:- " or (4) furnishes to the Commission a declaration or statement in writing which to his knowledge is false in a material particular; or (5) makes or alters an entry in a passbook, rent card, receipt or other document made for a purpose of this Act with intent to make it appear that an amount has been paid to the Commission when such amount has not been so paid,". 10. Amendment of s. 43A (1). Subsection (1) of section 43A of the Principal Act is amended by omitting the words " clerk of petty sessions, o16 rcalecrtkinogfcalemrkagoifstpraettetys sceosusritoonrs a"catinndg icnlseerrktionfgainmtahgeiisrtrsatteeasdctohuertw"o. rds

State Housing Acts Amendment Act of 1966, No. 5 23 11. Amendment of Sch . Cl. 16. Clause sixteen of the Schedule to the Principal Act is amended by inserting after the words " the amount of advance " the words " notwithstanding that the capital amount of the advance is , or is thereby increased to, more than the prescribed maximum amount of the advance in question,".