State Housing Acts and Another Act Amendment Act of 1953 (2 Eliz Ii No. 25) (Qld)

148 P art I.— P reliminary . HOUSING. State Housing, Etc., Amendment Act. 2 E liz . II. No. 25, HOMES, WORKERS'. See H ousing . HOUSING. 2 N E o l . iz 2 . 5. II. An Act to Amend “ The State Housing Acts, 1945 T he S tate H ousing to 1950,” and “ The Workers’ Homes Acts, A cts and A nother A ct A mendment 1919 to 1949,” each in certain particulars. A ct op 1953. [A ssented to 18 th D ecember , 1953.] 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:— P art I.— P reliminary . P art I. —P reliminary . Short title. 1. This Act may be cited as “ The State Housing Acts and Another Act Amendment Act of 1953.” tCitollel. ective citedTahse “ P T ri h n e ci S p t a a l te A H ct o a u n si d ng th A is ct A s, ct19m45ay to b1e9c5o3l.l”ectively Parts of Act. 2. This Act is divided into Parts as follows :— P art I. —P reliminary ; P art II. —A mendments of *“ T he S tate H ousing A cts , 1945 to 1950 ” ; P art III. —A mendments of f“ T he W orkers ’ H omes A cts , 1919 to 1949.” P art II.— o A fm “ e T nhdem S etnattse P art II. —A mendments of *“ T he S tate H ousing A cts , H ousing A cts , 1945 to 1950.” 1945 to 1950.” oCfoPnastrrtuIcIt. ion *“ Th 3 e . S T ta h t i e s H Pa o r u t si o n f g t A hi c s ts A , c1t94s5ha to ll 1b9e50re,” adhearseionnien wthitihs Part referred to as the Principal Act. Collective The Principal Act and this Part of this Act may be title. collectively cited as “ The State Housing Acts, 1945 to 1953.” * 9 G. 6 No. 24 and amending Acts, t 10 Gr. 5 No. 7 and amending Acts.

HOUSING. 149 1953. State Housing, Etc., Amendment Act. -------- P art II — A mendments op “T he S tate H ousing A cts , “ 1945 to 1950.” 4. Subsection four of section twenty-three of the Amendment Principal Act is amended— , of s. 23 (4). (a) By repealing the words “ one thousand seven hundred and fifty ” and by inserting, in lieu of those repealed words, the words “ two thousand ” ; and ( b) By repealing the words “ two thousand ” and by inserting, in lieu of those repealed words, the words 4 6 two thousand two hundred and fifty ”. 5. (1.) Subsection three of section twenty-four of nt the Principal Act is amended by repealing paragraph ofs‘24 (3)‘ {ii.) and the marginal note to that paragraph and by inserting, in lieu of that repealed paragraph, the following paragraph and marginal note, namely :— “ (ii.) Subject to this paragraph, the purchasing Purchasing price shall be agreed upon between the Commission and pnce‘ the purchaser. In determining the purchasing price to which it will agree, the Commission shall have regard to the improved value of the land appurtenant to the house, namely, the capital sum which the estate in the land sold or agreed to be sold by the Commission might be expected to realise if offered for sale on such reasonable terms and conditions as a bond fide seller would require having regard to the added value given to the land by the house and other improvements, if any, at the time as at which the contract of sale is entered into, irrespective of the cost of the house and other improvements, if any. Except with the prior consent in writing of the Minister, the Commission shall not agree to a purchasing price less than the capital cost to it of the land, house and other improvements, if any, reduced by the amount by which the value of that property has been depreciated by wear and tear.” (2.) The amendment of subsection three of section twenty-four of the Principal Act made by subsection one of this section shall be deemed to have been so made on the tenth day of December, one thousand nine hundred and forty-five. 6. Subsection one of section 25 b of the Principal ^en2c^e“t Act is amended by inserting, after the words ‘f Subject0 s' B ' to this section ” the words “ and to clause twelve of the Schedule to this Act ”.

150 HOUSING. P art II.— -------------------------------------------------------------- :---------------------------------------------------------------------------- of “ the M state State Housing, Etc., Amendment Act. 2 E liz . II. No. 25,. H ousing A cts , 1945 TO 1950.” ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Amendment 7. Subsection four of section 26 a of the Principal ofs. 26 a (4). Act js amended— (a) By repealing the words “ one thousand seven hundred and fifty ” and by inserting, in lieu of those repealed words, the words “ two thousand ” ; and (b) By repealing the words “two thousand ” and by inserting, in lieu of those repealed words, the words “ two thousand two hundred and fifty ”. Repeal of 8. Section thirty-three of the Principal Act is sa. n3d3n. ew repealed and, in lieu of that repealed section, the following section is inserted, namely :— Rate of interest payable by borrowers and purchasers of homes. “ [33.] (2.) *“ The State Housing Acts and Other Acts (Rate of Interest) Act of 1948 ” shall not apply with respect to the rate per centum per annum of the interest payable in respect of— (а) Advances under this Act or any of the other Acts specified in that Act made by the Commission (and either as such or as the deputy, agent or attorney of or for the Crown or a Minister of the Crown in right of this State) on or after the date of the passing of f“ The State Housing Acts and Another Act Amendment Act of 1953,” pursuant to applications in writing received by the Commission on or after that date ; and (б) Contracts of sale under this Act entered into by the Commission on or after the date of the passing of The State Housing Acts and Another Act Amendment Act of 1953,” pursuant to applications in writing to purchase a house received by the Commission on or after that date, but *“ The State Housing Acts and Other Acts (Rate of Interest) Act of 1948 ” shall continue to apply to all advances and contracts of sale under this Act or any of the other Acts specified in that Act made or entered into before the date of the passing of f“ The State Housing Acts and Another Act Amendment Act of 1953,” and, as well as so continuing shall, notwithstanding that the advance shall have been made, or the contract of sale shall have been entered into, by the Commission on or * 10 G. 6 No. 37. t This Act.

HOUSING. 151 1953. State Housing, Etc., Amendment Act. P art II.— A mendments of “T he S tate H ottsing A cts , 1945 to 1950.” after that date, apply with respect to every advance under this Act or any of the other Acts specified in *“ The State Housing Acts and Other Acts (Rate of Interest) Act of 1948,” and every contract of sale under this Act in respect whereof an application in writing was received by the Commission before that date. (2.) (a) Interest in respect of— (i.) Every advance under this Act or any of the other Acts specified in *“ The State Housing Acts and Other Acts (Rate of Interest) Act of 1948,” made by the Commission (as such or as the deputy, agent or attorney of or for the Crown or a Minister of the Crown in right of this State) on or after the date of the passing of f'“ The State Housing Acts and Another Act Amendment Act of 1953 ” ; and (ii.) The purchasing price payable under every contract of sale under this Act entered into by the Commission on or after the date of the passing of f“ The State Housing Acts and Another Act Amendment Act of 1953,” save and except such an advance or contract of sale in respect whereof an application in writing was received by the Commission before that date, shall be payable to the Commission by the borrower or purchaser at the rate per centum per annum prescribed by this subsection. (b) That rate shall be— (i.) In respect of every such advance applied for by application in writing received by the Commission during the period on and from the date of the passing of f“ The State Housing Acts and Another Act Amendment Act of 1953,” and thereafter to and including the day next preceding the date of the coming into force of the Order in Council under this subsection first made—four pounds ten shillings per centum per annum ; (ii.) In respect of every such advance applied for by application in writing received by the Commission during the period on arid from the date of the coming into force of ah Order ' * 10 G. 6 No. 37. •f This Act.

152 HOUSING. PABT II.— A mendments of “T he S tate H ousing A cts , 1945 to 1950.” State Housing, Etc., Amendment Act. 2 E liz . II. No. 25y in Council under this subsection and thereafter during the continuance in force of that Order in Council—the rate per centum per annum fixed by that Order in Council; (iii.) In respect of every contract of sale under this Act with a purchaser from whom an application in writing to purchase a house is received by the Commission during the period on and from the date of the passing of *“ The State Housing Acts and Another Act Amendment Act of 1953,” and thereafter to and including the day next preceding the date of the coming into force of the Order in Council under this subsection first made— four pounds ten shillings per centum per annum; and (iv.) In respect of every contract of sale under this Act with a purchaser from whom an application in writing to purchase a house is received by the Commission during the period on and from the date of the coming into force of an Order in Council under this subsection and thereafter during the continuance in force of that Order in Council— the rate per centum per annum fixed by that Order in Council. (c) The Governor in Council may from time to time, by Order in Council published in the Gazette , fix the rate per centum per annum of the interest payable in respect of every advance or contract of sale specified in paragraph (a) of this subsection. The rate fixed by the first such Order in Council may be reduced below or increased above four pounds ten shillings per centum per annum and the rate fixed by the second or any succeeding such Order in Council may be reduced below or increased above the rate fixed by the next preceding such Order in Council. An Order in Council made under this paragraph shall come into force on such date as may be specified therein or, if no such date is so specified, on the date of the publication thereof in the Gazette and shall continue in force until and including the day next preceding the date when the next following such an Order in Council comes into force. * This Act.

HOUSING. 153 ----------------------------------------------------------------------------------------------------------------------------- -----------------------------■ part ii .— 1953 . State SousiTiiQf Etc., A yyie ti d th C 7 it Act. ** thb stath H ooting Acre, ----------------------------------------------------------------------------------------------------------------------------------------!----------------------------- 1945 TO 1950.” (3.) Every borrower of an advance or purchaser under a contract of sale to which subsection two of this section applies shall pay the ComnfisSion, in compliance in every respect with the conditions of the advance or contract thereunto binding him, interest in respect of the advance or purchasing price payable under the contract at the rate per centum per annum payable in his case according to that subsection, but that rate shall not be altered during the period during which it has been agreed between the Commission and the borrower or purchaser that the advance shall be repaid or, as the case may be, the purchasing price shall be paid. 9. Clause nine of the Schedule to the Principal Act is amended by repealing the fullstop and words amended. “. The rate of interest payable shall be at the rate per centum per annum applicable when the application for the advance is approved by it ” and by inserting, in lieu of those repealed words, the words “ at the rate per centum per annum payable according to subsection three of section thirty-three of this Act ”. 10. Clause twelve of the Schedule to the Principal Act is amended— amended. (i.) By repealing in the second subparagraph of paragraph (a) the words “ applicable for the advance when the application for the advance is approved by it ” and by inserting, in lieu of those repealed words, the words “ payable according to subsection three of section thirty-three of this Act ” ; (ii.) By repealing in the fifth subparagraph of paragraph (a) the words “ within a term not exceeding thirty years ” and by inserting, in lieu of those repealed words, the words “ within such period as may, subject to paragraph (c) of this clause, be agreed upon between the Commission and the borrower ” ; (iii.) By repealing in paragraph ( b ) the words “ within a period to be determined by the Commission, not exceeding thirty years,” and by inserting, in lieu of those repealed words, the words “ within such period as may, subject to paragraph (c) of this clause, be agreed upon between the Commission and the purchaser ” ; and

154 HOUSING. P art II.— A mendments of “T he S tate H ousing A cts , 1945 TO 1950.” State Housing, Etc., Amendment Act. 2 E liz . II. No. 25, (iv.) By repealing in paragraph ( b ) the words “ applicable when the application for the purchase of the home is approved by it ” and by inserting, in lieu of those repealed words, the words “ payable according to subsection three of section thirty-three of this Act (v.) By adding the following paragraph, namely :— “ (c) The period during which a person shall complete the repayment or, as his case requires, payment in full of all principal moneys and interest payable by him in respect of— (a) An advance obtained by him from the Commission under this Act; or ( b ) The purchasing price of a dwelling-house purchased by him under this Act from the Commission, shall not exceed thirty years (excluding in the case of such an advance the period of six months during which interest only is payable in respect of the advance) where that person takes the insurance cover provided under section 25 b of this Act and accordingly that section shall apply with respect to the advance made to or, as the case may be, the contract of sale entered into by him. Such a borrower or purchaser may elect to complete repayment or payment as aforesaid during a period exceeding thirty years but not exceeding forty-five years and, if he does so, he shall be deemed to have also elected not to take the insurance cover provided under section 25 b of this Act and accordingly that section shall not apply with respect to the advance made to or, as the case may be, the contract of sale entered into by him.” P art III.— A mendments of “T he W orkers ’ H omes A cts , 1919 to 1949.’ P art III. —A mendments of *“ T he W orkers ’ A cts , 1919 to 1949.” H omes Construction 11. This Part of this Act shall be read as one with of Part III. *« The Worhers> Homes ActS} 1919 t0 1949.” titie6Ctive *“ The Workers’ Homes Acts, 1919 to 1949,” and this Part of this Act may be collectively cited as “ The Workers'1 Homes Acts, 1919 to 1953.” * 10 G. 5 No. 7 and amending Acts.

HOUSING. 155 P art III.— 1953. State Housing, Etc., Amendment Act. A mendments of “T he W orkers ’ H omes A cts , 12. Section sixteen of *“ The Workers' Hemps Acts, 1919 TO 1949.'* 1919 to 1949,” is renumbered subsection one of section o A f m s. en 1 d 6 m o e f nts sixteen and, as so renumbered, is amended— 10 Geo. V. (а) By repealing in the second paragraph the words No. 7. “ within a period to be determined by the Corporation, not exceeding thirty years ” and by inserting, in lieu of those repealed words, the words “ within such period as may, subject to subsection two of this section, be agreed upon between the Corporation and the purchaser” ; (б) By repealing in the second paragraph the words “ interest at the rate of five pounds per centum per annum ” and by inserting, in lieu of those repealed words, the words “ interest at the rate per centum per annum applicable under subsection four of this section ” ; (c) By adding the following subsections, namely:— “ (2.) The period during which a person shall complete payment in full of all principal moneys and interest payable by him in respect of the purchasing price of a home purchased by him under this Act from the Corporation shall not exceed thirty years where that person takes the insurance cover provided under section 25 b of f“ The State Housing Acts, 1945 to 1953,” and accordingly that section shall apply with respect to the contract of sale entered into by him. Such a purchaser may elect to complete payment as aforesaid during a period exceeding thirty years but not exceeding forty-five years and, if he dobs so, he shall be deemed to have also elected not to take the insurance cover provided under section 25 b of f“ The State Housing Acts, 1945 to 1953,” and accordingly that section shall not apply with respect to the contract of sale entered into by him. (3.) J“ The State Housing Acts and Other Acts (Rate of Interest) Act of 1948,” shall not apply with respect to the rate per centum per annum of the interest payable in respect of contracts of sale under this Act entered into with purchasers from whom applications in writing to purchase under this Act a home are received by the Corporation on or after the date of the passing of §“The State Housing Acts and Another Act Amendment Act of 1953,” but J“ The State Housing Acts and Other Acts (Rate of Interest) Act of 1948,” shall continue to apply* * * § * 10 G. 5 No. 7 and amending Acts, t 9 G. 6 No. 24 and amending Acts. } 10 G. 6 No. 37. § This Act.

156 HOUSING. P art HI.— A mendments op “ the State Housing, Etc., Amendment Act. 2 E liz . II. No. 25, W orkers ’ H omes A cts , 1919 TO 1949.” to all contracts of sale under this Act with purchasers from whom applications in writing to purchase under this Act a home were received by the Corporation before the date of the passing of *“ The Stale Housing Acts and Another Act Amendment Act of 1953.” (4.) (a) Interest in respect of the purchasing price payable under every contract of sale under this Act entered into by the Corporation on or after the date of the passing of *“The State Housing Acts and Another Act Amendment Act of 1953 ” shall be payable to the Corporation by the purchaser at the rate per centum per annum prescribed by this subsection. (6) That rate shall be— (i.) In respect of every contract of sale under this Act with a purchaser from whom an application in writing to purchase a home is received by the Corporation during the period on and from the date of the passing of *“The State Housing Acts and Another Act Amendment Act of 1953,” and thereafter to and including the day next preceding the date of the coming into force of the Order in Council under this section first made—four pounds ten shillings per centum per annum ; and (ii.) In respect of every contract of sale under this Act with a purchaser from whom an application in writing to purchase a home is received by the Corporation during the period on and from the date of the coming into force of an Order in Council under this subsection and thereafter during the continuance in force of that Order in Council—the rate per centum per annum fixed by that Order in Council. (c) The Governor in Council may from time to time, by Order in Council published in the Gazette, fix the rate per centum per annum of the interest payable in respect of every contract of sale specified in paragraph (a) of this subsection. The rate fixed by the first such Order in Council may be reduced below or increased above four pounds ten shillings per centum per annum and the rate fixed by * This Act.

HOUSING. 157 part hi .— 1953. State Rousing, Etc., Amendment Act. A mendments of “T he W orkers * H omes A cts , the second or any succeeding such Order in Council may 1919 to 1949.” be reduced below or increased above the rate fixed by the next preceding such Order in Council. An Order in Council under this paragraph shall come into force on such date as may be specified therein or, if no such date is so specified, on the date of the publication thereof in the Gazette, and shall continue in force until and including the day next preceding the date when the next following such an Order in Council comes into force. (5.) Every purchaser under a contract of sale to which subsection four of this section applies shall pay the Corporation, in compliance in every respect with the conditions of the contract thereunto binding him, interest in respect of the purchasing price payable under the contract at the rate per centum per annum payable in his case according to that subsection, but that rate shall not be altered during the period during which it has been agreed between the Corporation and the purchaser that the purchasing price payable under the contract of sale shall be paid.” INDUSTRIAL CONCILIATION AND ARBITRATION. See L abour .