State Housing Relief Act of 1930 (21 Geo v No. 30) (Qld)

12928 HOUSING. State Housing Relief Act. 21 GEO. V. No. 30, HOUSING. See also REAL PROPERTY (PURCHASERS OF HOMES RELIEF). 21 Geo. V. An Act to Provide a Measure of Relief to Certain No. 30. THE STATE Borrowers under the State Advances Act, HOUSING RELIEF ACT The Discharged Soldiers' Settlement Act, OF 1930. and other Acts and Certain Purchasers of Homes under the Workers' Homes Act detrimentally affected throughUnemployment and other Causes. [ASSENTED TO 4TH DECEMBER, 1930.] B E it enacted by the King's Most Excellent l\1ajesty, 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:- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. Short titl.e, 1. This Act may be cited as "The State Housing ~ ~ ~ S! ~ ~ ~ lOn, Relief Act of 1930," and shall be read and construed with mencement the State Advances Act, the Workers' Homes Act, and of Act. the Discharged Soldiers' Settlement Act respectively. This Act shall come into operation on a date to lle proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. Parts of Act. 2. This Act is divided into Parts as follows :- PART I.-PRELIMINARY; PART 1I.-BoRROWERS UNDER THE STATE ADVANCES ACT; PART IlL-PURCHASERS OF HOMES UNDER THE WORKERS' HOMES ACT; PART IV.-GENERAL. Interpreta· 3. In this Act, unless the context otherwise indicates, tion. the following terms have the meanings respectively assigned to them, that is to say:- Borrower. " Borrower "-A borrower under the State Advances Act;

1930. HOUSING. State Housing ReZief Act. 12929 PART L- PRELI~ lINARY. " Corporation" (as applied to the State Advances Corporat;on. Act)-The Corporation constituted under such Act; (as applied to the Workers' Homes Act)-The Corporation constituted under such Act; "Minister"-The Secretary for Public Works or Minister. other Minister of the Crown for the time being charged with the administration of this Act; " Prescribed "-Prescribed by this Act; Prescribed. " Purchaser "-A purchaser of a home under Purchaser. the Workers' Homes Act; " State Advances Act "-*" The State Advances State Act o . f 1916" and any Act amending or in AAcdtv. ances substitution of the same; "The Discharged Soldiers' Settlement Act"- The t" The Discharged Soldiers' Settlement Acts Discharged 1917 to 1929, " and any Act amendl' ng or I.n' SSeotltdleiemrse'nt substitution of the same. Act. "The Workers' Homes Act "-t" The Workers' Workers' Homes Acts, 1919 to 1930," and any Act Homes Act. amending or in substitution of the same; " This Act "-This Act and any regulation made This Act. thereunder. PART 1I.- BORROWERS UNDER THE PART II.-.-BoRROWERS UNDER THE STATE ADVANCES STATE Ac T. ADVANCES ACT. 4. For the purpose of ,affording a measure of reliefReli~ f. to borrowers in respect of workers' dwellings under the prOVlSlOns. State Advances Act detrimentally affected through unemployment or other causes (or to any person who may after the commencement of this Act become a borrower and who shall have become detrimentally affected as aforesaid), it is hereby declared and enacted as follows:- (1.) Any such borrower as aforesaid may apply, by Application not I·Ce·In WrI' tm' g under h I ' S hand' In tlle prescrI' bed form by borrower. or to the like effect, to the Corporation that he desires the terms and conditions of his advance under such Act to be considered, by the Corporation under this Act. * 7 Geo. V. No. 17, supra, page 9603. t 7 Geo. V. No. 32; 10 Geo. V. No. 21; 17 Geo. V. No. 31; 20 Geo. V. 15, supra, pages 9453, 11616, and 12642. :I: 10 Geo. V. No. 7; 13 Geo. V. No. 21; 16 Geo. V. No. 10, supra, pages 10415 and 11316.

12930 HOUSING. PART n.- BORROWERS UNDER THE State Housing Relief Act. 21 GEO. V. No. 30, STATE ADVANCES ACT. (2.) (a) The Corporation shall inquire into such Corporation application, and at the conclusion of the inquiry shall atondinfquurinriesh forward to the Minister a recommendation in respect recom- thereof accordingly. mendation. Matters to (b) In making such inquiry, the Corporation shall ibnevestigated. I . nVeS t' Iga t e - (i.) The extent to which the borrower. has been or is being detrimentally affected by unemployment or other causes; (ii.) The amount of arrears (if any) in respect of monthly instalments; (iii.) The terms and conditions of repayment of the advance; (iv.) Any other factors and circumstances as may be deemed fit and proper. Mini8ter to consider recom- mendation. (3.) The Minister shall consider such recommenda- tion and ma J v , in his absolute discretion, approve of such recommendation or may refuse such recommendation, or may refer suuh recommendation back to the Corporation for farther inquiry. Decision of (4.) The Minister shall in his decision determine the Minister. the extent, if any, to which such relief shall be granted. Such relief may be in respect of all or any of the following matters and things:- (i.) An extension of the period of repayment of principal and interest due under the mortgage, and the particulars of such extension, with the concomitant variation in the amount of monthly instalment; (ii.) The making of interest only payable, and the period within which interest only shall be payable; (iii.) The funding of any arrears of monthly instalments; (iv.) Any relief, and, if so, the extent thereof to be made in respect of painting, repairs, or other conditions of the mortgage concerned; (v.) Any special conditions deemed necessary either generally or in any particular case. Decision of Minister to be in his absolute discretion. (5.) It is hereby declared that t~ decision of the Minister in respect of any such application shall be a decision in his absolute discretion, and shall not be subject to any appeal or review by any tribunal whatsoever.

HOUSING. 12931 PART II.- 1930. State Housing Relief Act. BORROWERS UNDER THE STATE (6.) The Corporation shall in the prescribed form ADl~ ~ ~ EB or to the like effect communicate the decision of the Decision to Minister on any such application to the borrower. mb eu ncl?Cma t· e d On receipt of such decision the borrower shall within to borrower. one month from the date of the decision of the Minister, or such further time as the Corporation may allow, give notice of election in the prescribed form or to the like effect to the Corporation as to whether he shall take advantage of the decision of the Minister. (7.) Such notice when received by the Corporation Election by shall be irrevocable by the borrower, and shall bind both borrower. the borrower and his successors in interest. (8.) Should the borrower not elect to take Borrower. advantage of the decision of the Minister, or fail to give not electmg. notice of election within the time aforesaid, such decision shall have no effect with respect to the mortgage and the rights and obligations thereunder, and the existing mortgage shall continue and remain in full force. 5. The provisions of this Part shall, mutati8 E~ tension of mutan d 1 . ,8, appIy and ex t end'm any case where a person tthoISsoPldairetrs' has obtained an advance under the provisions of the homes. &c. Discharged Soldiers' Settlement Act or under the provi- sions of any other Act for the purpose of securing a home, and where the Corporation acts as agent. PART IlL-PURCHASERS OF HOMlJjS UNDER THE WORKERS' HOMES ACT. PART III.- PURCHASERS OF HOMES eND~ R THE \VORKERS' HOMES ACT. 6. For the purpose of affording a measure of relief Reli~ f. to a purchaser (as defined in the Workers' Homes Act), prOVISIOns, detrimentally affected through unemployment or other causes (or to any person who may after the commence- ment of this Act become a purchaser and who shall have become detrimentally affected as aforesaid), it is hereby declared and enacted as follows:- (1.) Any such purchaser as aforesaid may apply, by tpplication notice in writing under his hand in the prescribed form or p~ rchaser. to the like effect, to the Corporation that he desires his contract of sale to be considered by the Corporation under this Act. (2.) (a) The Corporation shall inquire into such Co~porll:tion application, and at the conclusion of the inquiry shall ! ~ : ~ ~ T8h tfhorewreaor f dactcoortdhm·e gM1 y i . nister a recommendation in respect mreecnodma·tion.

12932 HOUSING. PXRT In.- PURCHASERS OF HOMES State Housing Relief Act. 21 GEO. V. No. 30, UNDER THE WORKERS' HOMES AOT, (b) In making such inquiry, the Corporation shall Matters to investigate- be investigated. (i.) The extent to which the purchaser has been or is being detrimentally affected by unem- ployment or other causes; (ii.) The amount of arrears (if any) in respect of monthly instalments; (iii.) The terms and conditions of the contract of sale; (iv.) Any other factors and circumstances as may be deemed fit and proper. Minister to consider recom- mendation. (3.) The Minister shall consider such recommendation and may, in his absolute discretion, approve of such recommendation or may refuse such recommendation, or may refer such recommendation back to the Corporation for further inquiry. Decision of (4.) The Minister shall in his decision determine Minister. the extent, if any, to which such relief shall be granted. Such relief may be in respect of all or any of the following matters and things;- (i.) An extension of the period for payment of purchase money and interest, and the particulars of such extension, with the concomitant variation in the amount of monthly instalment; (ii.) The making of interest only payable, and the period within which interest only shall be payable; (iii.) The funding of any arrears of monthly instalments; (iv.) Any relief, and, if so, the extent thereof to be made in respect of painting, repairs, life insurance, or other conditions of the contract of sale concerned; (v.) Any special conditions deemed necessary either generally or in any particular case. Decision of Minister to be in his absolute discretion. (5.) It is hereby declared that the decision of the Minister in respect of any such application shall be a decision in his absolute discretion, and shall not be subject to any appeal or review by any tribuna] whatsoever.

HOUSING. 12933 - - - - - - - - - - - - - - - - - - - - - - - - PART III.- 1930. State Hotlsing Relief Act. PURCHASERS OF HOMES UNDER THE ( 6~ • ) The Corporation shall in the prescribed form H W O O M R E K S E A R c S ~ or to the like effect communicate the decision of the Decision of Minister on any such application to the purchaser. Minister to be conveyed On receipt of such decision the purchaser shall to purchaser. within one month from the date of the decision of the Minister, or such further time as the Corporation may allow, give notice of election in the prescribed ;form or to the like effect to the Corporation as to whether he shall take advantage of the decision of the Minister. (7.) Such notice, when received by the Corporation, Election by shall be irrevocable by the purchaser, and shall bind both purchaser. the purchaser and his successors in interest. (8.) Should the purchaser not elect to take advantage Purchaser of the decision of the Minister, or fail to give notice of not electing. election within the time aforesaid, such decision shall have no effect with respect to the contract of sale and the rights and obligations thereunder, and the existing contract of sale shall continue and remain in full force. PART IV.-GENERAL. PART IV.- GENERAL. 7. Nothing in this Act shall confer upon any No reliefas borrower or purchaser (as the case may be) a right to of right. claim any of the advantages prescribed by this Act. 8. In every case where any relief under this Act, as COWltruetion expressed in the notice of election aforesaid and in of respect of which the borrower or purchaser (as the case securities. may be) has elected to take advantage of the decision of the Minister, has been extended to any borrower or purchaser (as the case may be), every instrument of security given and whensoever given by such borrower or purchaser (as the case may be) as and by way of security (whether the principal security or collateral security) for the advance (in the case of a borrower) or for the purchase of a home (in the case of a purchaser) shall be read and construed as if the extent to which the relief, as expressed in the notice of election aforesaid and in respect of which the borrower or purchaser (as the case may be) has elected to take advantage of the decision of the Minister, has been granted thereunder to him were inserted in each of the said securities as part of the terms and conditions thereof. Such notice of election in respect of which the borrower or purchaser (as the case may be) has elected to take advantage of the decision H

]2934 INCOME TAX. PART IV.- GEXERAL. Income Tax Acts Amendment Act. 21 GEO. V. No. 40, ~ _ _ _ _ _ _ _ _ _ _ _ 0 ' - _ _ _ • _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ of the Minister shall be filed with such instruments of security, and the parties thereto shall be bound accordingly. Regulations. Regulations. 9. The Governor in Council may from time to time make .egulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of this Act. Such regulations may be made on the passing of this Act. All regulations shall, upon being published in the Gazette, be of the same effect as if they were enacted in this Act, and shall be judicially noticed and shall not be questioned m any proceedings whatsoever. INCOME TAX. n. See TAXATION-FINANCE Am' OF 1930, PART See also LABOUR-INCOME (UNEMPLOYMENT RELIEF) TAX ACTS OF 1930. 21 Oeo. V. An Act to Further Amend H The Income Tax Acts, No. 40. THE INCOME 1924 to 1930," in certain particulars. TAX ACTS AMENDMENT ACT OF 1930, [ASSENTED TO 24TH DECEMBER, 1930.] . No. 2. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Income Tax aconnds t ruc t' IOn. a A s cts on A e m W en • It d h me > ' :< n ' ' fTAhcet Ionfco 1 m 93 e 0, TNaox. A 2, c " ts, an1d92s4ha t l o l b1e9r3e0a, " d herein referred to as the Principal Act. Amendments of the Principal Act. Amendment 2. In paragraph (a) of subsection one of section of s. 11. eleven of the Principal Act the words and brackets, namely, "(except in the case of any consideration received by or for the owner of any freehold interest for the sale of the' goodwill of an hotel property)," are repealed. * 15 Oeo. V. No. 34; 16 Oeo. V. No. 15; 17 Geo. V. No. 32; 19 Qeo. V. No. 17; 20 Geo. V. No. 18; and 21 Qeo. V. No. 19, supra, pages 10945, 11295, 11590, 12178, 12481, and 13178.