State Housing Acts and Another Act Amendment Act of 1964 (Qld)

233 001tPP1tztIn h ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 23 of 1964 An Act to Amend " The State Housing Acts , 1945 to 1962," and "The Workers ' Homes Acts Repeal Acts, 1961 to 1962," each in certain particulars [ASSENTED TO 9TH APRIL, 1964] 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:- PART I-PRELIMINARY 1. Short title . This Act may he cited as "The State Housing Acts and Another Act Amendment Act of 1964." PART I1-AMENDMENTS OF "Tm: STATE HOUSING ACTS, 1945 TO 1962" 2. (1) Interpretation of Part It. This Part 11 of this Act shall be read as one with "The State Housing Acts, 1945 to 1962." (2) Collective title. "The State Housing Acts. 1945 to 1962," and this Part 11 of this Act may be collectively cited as "The State Housing Acts, 1945 to 1964."

234 State Housing Acts and Another Act Amendment Act of 1964, No. 23 3. Amendment of s, 10 (9). Subsection (9) of section ten of " The State Housing Acts, 1945 to 1962," is amended by inserting after the words " District Officer ", where appearing in paragraph (i), the words " or any other officer of the Commission ", 4, New s. 23A inserted . "The State Housing Acts, 1945 to 1962," are amended by inserting after section twenty-three the following section:- "[23A.] Advances for the purchase of dwelling - houses . (1) Subject to this section the Commission may make an advance to any person for the purpose of assisting him to purchase a dwelling-house and its appurtenant land, including any dwelling-house for assisting in the erection whereof the Commission has made an advance under this Act, or any dwelling-house sold by the Commission under this Act. (2) An advance shall not be made to a person under this section in respect of a house unless the Commission is satisfied that- (a) the house is intended to be used by the person as a home for himself and his dependants, and for no other purpose; (b) neither the person nor his or her spouse, if any, is the owner of any other house in Queensland or elsewhere; and (c) the house has been erected within the period of thirty years next preceding the date when the application in writing for the advance was received by the Commission. (3) The amount of an advance under this section shall not exceed the maximum amount which the Commission could advance under this Part of this Act if the advance were made in order to assist the person concerned to erect the dwelling-house in question. (4) The Commission shall not make to any person an advance or advances under this section the amount whereof exceeds- (a) in the case of a house which the Commission is satisfied has been erected within the period of five years next preceding the date when the application in writing for the advance was received by the Commission-ninety per centum; (b) in the case of a house which the Commission is satisfied has been erected more than five years before, but within the period of twenty years next preceding, the date when the application in writing for the advance was received by the Commission- eighty per centum; or (c) in the case of a house which the Commission is satisfied has been erected more than twenty years before the date when the application in writing for the advance was received by the Commission-seventy per centum, of the purchasing price or, according to which is the lesser, the fair estimated value of the house and its appurtenant land. (5) Subsections (3) and (4) of this section apply so that neither authorises the Commission to make under this section to any person an advance the amount whereof exceeds the maximum imposed by the other.

State Housing Acts and Another Act Amendment Act of 1964, No. 23 235 (6) The provisions of section 25n of this Act- (a) shall apply to and with respect to an advance made to a person under this section in respect of a house which the Commission is satisfied has been erected within the period of five years next preceding the date when the application in writing for the advance was received by the Commission; (b) shall not apply to or with respect to an advance made to a person under this section in respect of a house which the Commission is satisfied has been erected more than five years before the date when the application in writing for the advance was received by the Commission. (7) The provisions of paragraph (c) of clause 12 of the Schedule to this Act shall apply with respect to an advance made to a person under this section subject to the following proviso:- Provided further that in any case of an advance under section 23A of this Act- (a) in respect of a house which the Commission is satisfied has been erected more than five years before, but within the period of twenty years next preceding , the date when the application in writing for the advance was received by the Commission, the term so agreed upon shall not exceed thirty years; or (b) in respect of a house which the Commission is satisfied has been erected more than twenty years before the date when the application in writing for the advance was received by the Commission , the term so agreed upon shall not exceed twenty years. (8) Subject to the provisions of the foregoing subsections of this section-- (a) any and every provision of this Act which applies to or with respect to an advance under section twenty-three of this Act shall, with and subject to all necessary adaptations thereof, apply and extend to and with respect to advances under this section and borrowers to whom those advances are or are proposed to be made; (b) 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 section twenty-three of this Act (including the rights and remedies of the Commission against a borrower of an advance under that section 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 section; (c) any and every obligation, liability or responsibility which, in relation to an advance under section twenty-three 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 section twenty-three ( including the obligations, liabilities

236 State Housing Acts and Another Act Amendment Act of 1964, No. 23 and responsibilities of a borrower of an advance under the said section twenty-three 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 this Act) shall or, as the case may be, may be imposed upon a borrower in relation to an advance under this section; and (d) 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 section. 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 section, 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 section. (9) Nothing in this Act shall exempt from stamp duty any mortgage or other security, or any release of a mortgage or other security, or any transfer or other document or instrument whatsoever entered into by the Commission with any person or whereto the Commission and any person are parties for a purpose of this section. All stamp duty payable in respect of any such mortgage or other security, or release of a mortgage or other security, or transfer or other document or other security whatsoever shall be payable by the person with whom the Commission has entered into the same, or, as the case may be, who is a party with the Commission to the same, and such person shall also pay all fees and charges if any, payable under " The Real Property Acts, 1861 to 1963," " The Land Acts, 1962 to 1963," or this Act in respect of the transaction." 5. New s. 25C inserted . "The State Housing Acts, 1945 to 1962," are amended by inserting after the headnote "Part V.-Letting or Leasing of Houses" and before section twenty-six the following section:- "[25C.] Power of Commission to let or lease houses to employers for housing employees . (1) The Commission may, with the prior approval of the Minister and upon such terms and conditions as are approved by the Minister, let or lease to any person dwelling-houses (including the lands appurtenant thereto) the property of the Commission for the purpose of assisting that person to provide housing for employees of that person. (2) The powers of the Commission under this section include power, with the prior approval of the Minister, to enter into arrangements with any person for the erection by the Commission of dwelling-houses for letting or leasing to such person. Such arrangements may provide for the terms and conditions on which any dwelling-house the subject thereof, and its appurtenant land, will be let or leased by the Commission to the person concerned upon the completion of the erection thereof and may stipulate a sum payable to the Commission by the person concerned as damages for any failure, refusal or neglect by such person to rent or take on lease any dwelling- house in accordance with the arrangements.

State Housing Acts and AnotherAct Amendment Act of 1964, No. 23 237 (3) In and for the purpose of any proceedings arising out of the failure, neglect or refusal of a person to rent or take on lease any dwelling-house (and its appurtenant land) pursuant to arrangements in that behalf under this section, evidence shall not be led or admitted proving or tending to prove that any sum stipulated by the arrangements to be payable to the Commission in respect of such failure, neglect or refusal is a penalty or penal damages, or unreasonable or extravagant, or not intended to be by way of liquidated damages, or that the actual damage suffered by the Commission by the failure, neglect or refusal in question was less than the stipulated sum. (4) In and for the purposes of this section the expression "person" includes- (i) a Department of Government in right of the Commonwealth or this State; (ii) a corporation or instrumentality created under an Act of the Commonwealth or of this State which is limited in its operation to such corporation or instrumentality; (iii) a Local Authority, an Electric Authority, a Fire Brigade Board or a Committee of an Ambulance Brigade; (iv) a natural person or a corporation other than a corporation mentioned in subparagraphs (ii) or (iii) of this subsection. 6. Amendment of s. 26A. Section 26A of " The State Housing Acts, 1945 to 1962," is amended by omitting subsection (4) and inserting in its stead the following subsection:- "(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 dwelling- house to be erected three thousand pounds.". 7. Amendment of s. 33 . Section thirty-three of "The State Housing Acts, 1945 to 1962," is amended by adding the following subsection:- "(5) (a) The provisions of subsections (1), (2), (3) and (4) of this section and of "The State Housing Acts and Other Acts (Rate of Interest) Act of 1948," apply subject to this subsection. (b) When, at any time after the date of the enactment of this subsection, the borrower for the time being of an advance or purchaser for the time being under a contract of sale transfers or assigns, or agrees to transfer or assign,- (i) in the case of an advance, the land in respect whereof the advance was made subject to the mortgage securing the advance; or (ii) in the case of a purchase, the contract of sale, to another person, such other person shall, on and from the date of the transfer or assignment or agreement to transfer or assign, pay to the Commission (in compliance in every respect with the conditions of the advance or contract thereunto binding the borrower or purchaser) interest at the rate prevailing as at such date in respect of the amount not repaid or paid, before such date, of the advance or purchasing price and such other person shall be deemed to be bound accordingly by the conditions and covenants of the mortgage or contract relating to the payment of interest.

238 State Housing Acts and Another Act Amendment Act of 1964, No. 23 (c) That rate shall not be altered during the balance still to run, on and after the date when the parties entered into the transaction, of the period during which it has been agreed between the Commission and the original borrower or rurchascr that the advance shall be repaid or, as the case may be , the purchasing price shall be paid unless , in the case of an advance, the borrower for the time being again transfers or agrees to transfer the land in respect whereof the advance was made subject to the mortgage securing the advance or, in the case of a purchase, the purchaser for the time being again assigns or agrees to assign the contract of sale. (d) The rate of interest payable pursuant to this subsection in respect of any advance or purchase shall not be , or be deemed to be , reduced by an Order in Council under subsection ( 4) of this section unless such Order in Council makes specific provision for such reduction. (e) For the purposes of this subsection- (i) the expression " interest at the rate prevailing as at such date" means, in relation to any transaction referred to in this subsection , interest at the rate payable in respect of an advance or contract of sale i n respect whereof the application in writing for the advance or to purchase was received by the Commission on the date when the parties entered into the transaction ; (ii) the e xpressions " borrower " and "purchaser " include respectively the original borrower or purchaser and any other person to whom the land in respect whereof the advance was made or, as the case may be, contract of sale is for the time being transferred or assigned or agreed to be transferred or assigned. (f) This subsection does not apply to a transfer or assignment of, or to an agreement to transfer or assign , land in respect whereof an advance has been made subject to the mortgage securing the advance or a contract of sale- (i) where each person who is a party to the transaction is the husband, wife , father, mother , child, stepchild , adopted child, brother or sister of the other person or other persons respectively who is or are also a party or parties to the agreement; or (ii) consequent on the death , bankruptcy or mental sickness of the borrower or purchaser (but subject , in the case of joint borrowers or purchasers to the transaction relating only to the interest of the deceased , bankrupt or mentally sick borrower or purchaser)." PART Ill-AMENDMENTS OF "THE WORKERS' HOMES AcTs REPEAL AcTS, 1961 To 1962" 8. (1) Construction . This Part III of this Act shall be read as one with "The Workers' Homes Acts Repeal Acts, 1961 to 1962." (2) "The Workers' Homes Acts Repeal Acts, 1961 to 1962," and this Part III of this Act may be collectively cited as "The Workers' Homes Acts Repeal Acts, 1961 to 1964."

State Housing Acts and Another Act Amendment Act of 1964, No. 23 239 9. Amendment of s. 7 . Section seven of "The Workers' Homes Acts Repeal Acts, 1961 to 1962," is amended by adding thereto the following subsections:- "(5) With respect to every lease acquired and held under the provisions of the repealed Acts deemed pursuant to Part III of "The State Housing Acts and Another Act Amendment Act of 1957," to be a freeholding lease within the meaning of the said Part III the lessee whereof shall have given to the Commission the notice of election prescribed by section fourteen of the said Part III before the twenty-fifth day of May, one thousand nine hundred and sixty-one, where the reduced rate of interest prescribed by an Order in Council under subsection (4) of section thirty-three of "The State Housing Acts, 1945 to 1964," made before and in .force at the passing of this Act or made after the passing of this Act is less than the rate of interest payable in respect of such lease, then such reduced rate of interest shall be deemed to be the rate of interest payable in respect of such lease- (a) on and from the date of the enactment of this subsection, during the continuance in force of such an Order in Council made before and in force at such date; or (b) on and from the date specified in the Order in Council and thereafter during the continuance in force of such an Order in Council made subsequent to the date of the enactment of this subsection. (6) The provisions added to clause eighteen of the Schedule to "The State Housing Acts, 1945 to 1964," by the Order in Council under section fifteen of those Acts published in the Gazette of the twenty- ninth day of June, one thousand nine hundred and sixty-three, at pages 1008-9 (which provisions are referred to in such Order in Council as subsection (iii) of section eighteen of such Schedule) apply with respect to any and every Perpetual Town Lease or Perpetual Suburban Lease with respect whereto the provisions of the Acts repealed by this Act are continued in force by this Act and, for the purpose of the application thereof as prescribed by this subsection, the provisions mentioned in this subsection of clause eighteen of the Schedule to "The State Housing Acts, 1945 to 1964," shall be read and applied with and subject to all necessary modifications including any addition thereto or alteration thereof made at any time after the enactment of this subsection by Order in Council under section fifteen of "The State Housing Acts, 1945 to 1964." (7) (a) When, at any time after the date of the enactment of this subsection, the purchaser for the time being under a contract of sale mentioned in paragraph (a) of subsection (1) of this section or entered into by the Commission pursuant to subsection (2) of this section, assigns or agrees to assign the contract to another person. such other person shall, on and from the date (in this subsection referred to as the "said date") of the assignment or agreement to assign pay to the Commission (in compliance in every respect with the conditions of the contract thereunto binding the purchaser) interest, in respect of the amount not paid before such date of the purchasing price, at the rate payable in respect of a contract of sale under "The State Housing Acts, 1945 to 1964," in respect whereof the application in writing to purchase was received by the Commission on the said date, and such other person shall be deemed to be bound accordingly by the conditions and covenants of the contract relating to the payment of interest. It

240 State Housing Acts and Another Act Amendment Act of 1964, No. 23 (b) That rate shall not be altered during the balance still to run, on and after the said date, of the period during which the purchasing price is payable under the contract unless the contract is again assigned or agreed to he assigned. (c) For the purposes of this subsection the expression "purchaser" includes the original purchaser and any other person to whom the contract is for the time being assigned or agreed to be assigned. (d) This subsection does not apply to a transfer or assignment of, or to an agreement to transfer or assign a contract of sale- (i) where each person who is a party to the transaction is the husband, wife, father, mother, child, stepchild, adopted child, brother or sister of the other person or other persons respectively who is or are also a party or parties to the agreement; or (ii) consequent on the death, bankruptcy or mental sickness of the purchaser (but subject, in the case of joint purchasers, to the transaction relating only to the interest of the deceased, bankrupt or mentally sick purchaser)."