War Service Homes Agreement Act 1932 (Cth)

WAR SERVICE HOMES AGREEMENT.

No. 56 of 1932.

An Act to approve an Agreement made between His Majesty’s Government of the Commonwealth of Australia and the Commissioners of the State Savings Bank of Victoria and for other purposes.

[Assented to 1st December, 1932.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the War Service Homes Agreement Act 1932.

Definitions.

2. In this Act, unless the contrary intention appears—

“Commissioner” means the War Service Homes Commissioner;

“That property” includes any insurance thereon;

“The Agreement” means the Agreement a copy of which is set forth in the Schedule to this Act;

“The Bank” means the Commissioners of the State Savings Bank of Victoria.

Repeal.

3. The War Service Homes Agreement Act 1927 is hereby repealed.

Approval of Agreement.

4. Subject to this Act, the Agreement made between His Majesty’s Government of the Commonwealth of Australia and the Commissioners of the State Savings Bank of Victoria (a copy of which Agreement is set forth in the Schedule to this Act) is approved and may be carried into effect.

Notification of property to which Agreement applies.

5. The Governor-General may, by notification published in the Gazette, specify the properties to which the Agreement shall apply.

Effect of notification.

6. When a notification under section five of this Act is published in the Gazette, then as from the date upon which the Agreement comes into force—

(a) all the estate, right, title, and interest of the Bank in and to the property specified in the notification shall by force of this Act be transferred or assigned to and be vested in the Commissioner;

(b) all duties, obligations and liabilities of the Bank howsoever arising in respect of that property shall be duties obligations and liabilities of the Commissioner and may be enforced against the Commissioner;

 

(c) (i) all duties, obligations and liabilities of any person to the Bank in respect of that property shall be duties, obligations and liabilities to the Commissioner and may be enforced by the Commissioner in his own name; and

(ii) all the right, title and interest of any person in respect of that property shall be subject in all respects to the War Service Homes Act 1918–1932 and the Regulations thereunder for the time being in force;

(d)all powers, functions and discretions exercisable and remedies enforceable by the Bank in respect of that property shall be exercisable and enforceable by the Commissioner in his own name;

(e) all powers, functions and discretions exercisable and remedies enforceable by any person against or in relation to the Bank in respect of that property shall be exercisable and enforceable against or in relation to the Commissioner;

(f) that property shall cease to be subject to the State Savings Bank Act 1928 of the State of Victoria;

(g)whenever in respect of that property any right, power, duty, obligation or liability depends upon the Bank being of a certain opinion or being satisfied, then that right, power, duty, obligation or liability shall depend upon the Commissioner being of that opinion or being satisfied;

(h)all contracts, securities and other documents relating to that property shall be read and construed in all respects as if all references therein to the Bank were references to the Commissioner.

Property deemed to be acquired under War Service Homes Act 1918–1982.

7. Subject to the provisions of this Act, all the estate, right, title and interest in and to the property transferred or assigned to and vested in the Commissioner by this Act shall be deemed to have been acquired under and for the purposes of the War Service Homes Act 1918–1932.

 

THE SCHEDULE.

 

Memorandum of Agreement made the twenty-first day of November One thousand nine hundred and thirty-two Between The Commonwealth of Australia of the one part and The Commissioners of the State Savings Bank of Victoria of the other part:

Whereas by an Agreement (hereinafter referred to as the 1927 Agreement) dated the seventh day of April One thousand nine hundred and twenty-seven and made between the parties hereto it was agreed (inter alia) that the War Service Homes Commissioner should transfer to and vest in the Bank upon the terms and conditions

 

The Schedule—continued.

therein set forth all the estate right title and interest of the Commissioner in and to certain homes and securities for advances (subsequently specified in the Commonwealth of Australia Gazette Number Eighty-nine published on the twenty-third day of August One thousand nine hundred and twenty-eight) and that the Bank should subject to the terms and conditions therein set forth provide homes and make advances pursuant to the War Service Homes Act 1918–1926 out of moneys to be advanced by the Commonwealth:

And Whereas in order to provide for uniformity of treatment and conditions throughout Australia for purchasers and borrowers under the said Act it has been mutually agreed between the parties hereto that the 1927 Agreement be terminated and that the Bank transfer or assign to and vest in the War Service Homes Commissioner all its estate right title and interest in and to the said homes and securities save and except properties in possession as hereinafter defined:

Now This Agreement Witnesseth as follows:—

1. Subject to clause 2 hereof this Agreement—

(a) shall have no force or effect and shall not be binding on either party hereto unless and until legislative authority to enable it to be carried into effect shall have been obtained from the respective Parliaments of the Commonwealth of Australia and the State of Victoria; and

(b) shall commence and come into full force and effect upon the date upon which it shall have been approved by both the said Parliaments.

2. Each party hereto agrees to take every reasonable step in its power to have introduced into and enacted as soon as practicable by the said respective Parliaments legislation which will enable this Agreement to be fully and effectually performed by both parties.

3. In this Agreement—

“Bank” means the Commissioners of the State Savings Bank of Victoria;

“Borrower” has the same meaning as that expression has in the War Service Homes Act 1918–1932 and includes a borrower from the Bank;

“Commissioner” means the War Service Homes Commissioner;

“Commonwealth” means the Commonwealth of Australia;

“Properties in possession” means properties of which the Bank is at the date hereof in possession in pursuance of the powers of the Bank under the respective contracts of sale relating thereto or as mortgagee;

“Purchaser” has the same meaning as that expression has in the War Service Homes Act 1918–1932, and includes a purchaser from the Bank.

4. The Bank agrees to take or cause to be taken all steps necessary on its part to transfer or assign to and vest in the Commissioner all the estate right title and interest of the Bank in and to—

(a) all homes transferred to and all homes provided by the Bank under the 1927 Agreement other than properties in possession;

(b) all securities for advances made by the Bank and all securities transferred to the Bank under the 1927 Agreement other than securities in respect of properties in possession;

(c) all agreements and all undertakings made with the Bank or given to the Bank by purchasers and borrowers in respect of the homes and securities to be transferred or assigned to and vested in the Commissioner under this Agreement; and

(d)all securities given by such purchasers and borrowers in respect of advances made by the Bank out of its own funds in connexion with or in relation to the homes and securities to be transferred or assigned to and vested in the Commissioner under this Agreement,

as from the date upon which this Agreement comes into force, and to deliver to the Commissioner all documents of title securities agreements undertakings instruments or other documents whatsoever held by the Bank and relating exclusively to such homes and advances.

 

The Schedule—continued.

5. The Commonwealth agrees to take or cause to be taken all stops necessary on its part to have transferred or assigned to and vested in the Commissioner all the estate right title and interest of the Bank in and to—

(a) all homes transferred to and all homes provided by the Bank under the 1927 Agreement other than properties in possession;

(b) all securities for advances made by the Bank and all securities transferred to the Bank under the 1927 Agreement other than securities in respect of properties in possession;

(c) all agreements and all undertakings made with the Bank or given to the Bank by purchasers and borrowers in respect of the homes and securities to be transferred or assigned to and vested in the Commissioner under this Agreement; and

(d)all securities given by such purchasers and borrowers in respect of advances made by the Bank out of its own funds in connexion with or in relation to the homes and securities to be transferred or assigned to and vested in the Commissioner under this Agreement,

as from the date upon which this Agreement comes into force.

6.—(1.) The Auditor-General of the Commonwealth shall give to each party hereto as soon as practicable after this Agreement comes into force a certificate stating the amount (ascertained as hereinafter provided) to be paid by the Bank to the Commonwealth under this Agreement which amount shall be paid forthwith by the Bank. The amount to be paid by the Bank to the Commonwealth under this Agreement shall be the sum of the following amounts, namely:—

(a) The amount owing by the Bank to the Commonwealth under the 1927 Agreement, as at the date on which this Agreement comes into force;

(b) The amount of Five thousand pounds (£5,000); and

(c) All sums deposited with the Bank under sub-section (2.) of section 29 of the War Service Homes Act 1918–1926 by purchasers and borrowers in respect of the homes and securities to be transferred or assigned to and vested in the Commissioner under this Agreement and all sums paid in advance by such purchasers and borrowers in pursuance of any contract of sale for any home provided or of any security for any advance made by the Bank under the 1927 Agreement together with all interest accrued on such sums up to the date on which this Agreement comes into force,

less the sum of the following amounts, namely:—

(a)All amounts unpaid to the Bank at the date aforesaid by purchasers and borrowers in respect of the homes and securities to be transferred or assigned to and vested in the Commissioner under this Agreement (including all amounts then unpaid in respect of advances made by the Bank out of its own funds for sewerage, street construction, repairs, renovations or any other purpose in connexion with such homes and securities); and

(b) The amount owing by the Commonwealth to the Bank under the 1927 Agreement as at the date on which this Agreement comes into force as remuneration for the services of the Bank and for office rent, which amount is hereby deemed to have been paid by the Commonwealth to the Bank.

(2.) A certificate by the Auditor-General of the Commonwealth under this clause shall be conclusive evidence between the parties hereto as to the amount to be paid by the Bank to the Commonwealth under this Agreement unless within one calendar month after the receipt of such certificate either party hereto shall notify the other in writing that the correctness of the amount stated in such certificate is disputed in which event the matter in dispute shall be submitted for determination by the Auditors-General of the Commonwealth and the State jointly after hearing the appointed representatives of the Bank and the Commissioner and his appointees.

(3.) In default of agreement between the Auditors-General the matter in dispute shall be submitted to and finally determined by some disinterested person nominated for that purpose by the Auditors-General jointly.

 

The Schedule—continued.

7. Subject to clause 9 hereof the Commissioner shall take over and assume all the risks burdens and liabilities of the Bank in relation to the insurance with the Bank’s Insurance Trust Fund of the homes and securities to be transferred or assigned to and vested in the Commissioner under this Agreement and in consideration thereof the Bank shall pay to the Commissioner a sum representing such proportion of the premiums received by the Bank as is applicable to the unexpired terms of such insurances.

8. All personal account cards letters documents and papers relating exclusively to the homes and securities to be transferred or assigned to and vested in the Commissioner under this Agreement including plans specifications correspondence and other papers and documents relating to contracts for the erection of homes shall as soon as practicable after the date on which this Agreement comes into force be delivered to the Commissioner who shall at all reasonable times thereafter allow the Bank’s duly appointed representatives access thereto for the purpose of inspecting the same and making and taking away extracts therefrom.

9. So far as concerns the homes and securities to be transferred or assigned to and vested in the Commissioner under this Agreement the Bank agrees to indemnify and keep indemnified the Commonwealth or the Commissioner against or in respect of all actions suits claims and demands commenced or made now or hereafter by any person arising out of—

(a) any clerical error made by the Bank with respect to the particulars of payments by any purchaser or borrower;

(b) any error made in carrying out building operations for any purchaser or borrower which error has resulted in an unjustifiable encroachment upon any land or easement or out of any unjustifiable encroachment upon any land or easement of any home purchased by the Bank or in respect of which money has been advanced by the Bank; and

(c) the destruction of or damage to any such home or any property to which any such security relates caused prior to the date on which this Agreement comes into force by fire, explosion, lightning, flood, tempest, thunderbolt, earthquake, riot, civil commotion, strikes, labour disturbances, burglary or housebreaking including any attempt thereat, aircraft and bursting of boilers hot water pipes or heating apparatus of which notice is received by the Bank within one month after such date.

10. Subject to the provisions of clause 9 hereof the Commonwealth hereby agrees to indemnify and keep indemnified the Bank and every officer and servant of the Bank against or in respect of all actions suits claims and demands whatsoever and whensoever arising in respect of or in connexion with any home or security to be transferred or assigned to and vested in the Commissioner under this Agreement or in respect of any insurance effected with the Bank in relation to any such home or security.

11. The 1927 Agreement is determined as from the date on which this Agreement comes into force but without prejudice to the accrued rights of either party thereunder as existing on the said date.

In Witness whereof the parties hereto have executed this Agreement the day and year first above written.

Signed by The Eight Honorable Joseph Aloysius Lyons, P.C., Prime Minister of the Commonwealth of Australia for and on behalf of the said Commonwealth in the presence of—	J. A. Lyons.
Geo. S. Knowles.
The Common Seal of the Commissioners of the State Savings Bank of Victoria was hereunto affixed in the presence of—	(l.s.)
W. Warren Kerr,
Chairman, of Commissioners.
Alex Cooch.
General Manager.
N. R. Williams.
Secretary.