Workers' Dwellings Act of 1909 (9 Edw VII No. 10) (Qld)

9450 CONSTITUTION-DWELLINGS. Workers' Dwellings. 9 EDw. VII. No. 10, PART L. SUPPLEMENTARY APPROPRIATION (LOAN FUND) FOR THE YEAR ENDED 30TH JUNE, 1909. ' Surns uot exceeding DEPARTMENT OF THE TREASURER. .£ 8 • . 0. For Advances to Central Sugar Milhl 2,500 0 0 DEPARTMENT OF RAILWAYS. For Southern Division For Central Division ... For Northern Division ... ... , .. For General Expenditure on Railways 3,4'1,8 11 10 10,674 11 ..5 69,112' 19 7 2,250 18 0 TOTAL SUPPLEMENTARY CHARGES UPON MONEYS TO TIIF. CREDIT OF TIlE LOAli FUND ACCOUNT £87,987 0 10 DWELLINGS. 9 Edw. VII. An Act to Enable the Government to Assist Persons N~ ~ io. WORKERS' DWELLINGS ACT OF 1909. in Receipt of Small Incomes to Provide Homes . ~ l!. or Th emse 1 veSt [ASSENTED TO 22ND DECEMBER, 1900.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative AElsembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- . Short tiU". 1. This Act may be cited as " The Workers' DweUings Act.of 1909." Interpreta. tion. 2. In this Act, unless the context otherwise indicates, the following terms .have the meanings respectively assigned to them, t.hat is to say- " Board "-The Workers' Dwellings Board con- stituted under this Act; "Dwelling-house" includes the house and its appurtenances, necessary outbuUdings, fences, and permanent provision for lighting, water supply, and drainage, but does not include any land; " Minister"-The Treasurer or other responsible Minister of the Crown charged for the tiIl}.e being with the administration of this Act; "Prescribed "-Prescribed by this Act; H Regulations "-Regulations made under the authority of this Act; "This Act "-This Act and all RegulatipDs there~ under for the time being in force . •

DWELLINGS. 9451 1909. Workers' Dwellings. 3 (1.) For the effectual execution of this Act, there Workers' shall b • e constituted a Board, to be cfllled the Workers' BD o w a e r ldli a ng n sd Dwellmgs Board. officers. (2.) The Board shall consist of the public officers who Membe~ s. for the time being hold the offices, respectively, of Under Secretary of the Treasury, Under Secretary of the Depart- ment of Public Works, and Under Secretary of the Department of Justice. '1'he Under Secretary of the Treasury shall be the Chairman of the Board. (3.) In the case of the illness, inapility, or absence of Deputy. any member of the Board, the Governor in Council may appoint some other public officer to act as the deputy of such member during such illness, inability, or absence; and every such person shall, while he acts as such deputy, have all the powers and perform all the duties of such member. (4.) The Board, under the name of " ~ he Workers' Corporation. Dwellings Board," shall be a body corporate, with perpetual succession and a common seal, and shall be capable in law of suing and being sued, and of holding and alienating land, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. (5.) Subject to the Minister, this Act shall be Administra· administered by the Board. tion. (6.) The Governor in Council may, from time to Officers. time, appoint such inspectors, valuers, and other officers as may be necessary for the effectual execution of this Act. (7.) No matter or thing done and no agreement Protection of entered into by the Board or any member thereof, and no ~:~ :~saf~ ~m matter or thing done by any officer or other person acting l? er~ o. nal under the authority or direction of' the Board, shall, if theltabihty. matter or thing was done or the agreement was entered into bona fide for the purposes of this Act, subject the Board or any member thereof, or any such officer or person, to any personal liability in respect thereof. or an( 8y.) mAemn abcetriotnl1sehreaol f l, noort abneybr 0 ofufigcehrt aograipnesrtstohne aBcotl· anrgd a N c o t ~ lO i D ce . f under the direction or authority of the Board, for anything done or intended or omitted to be done under this Act, until the expiration of one month after notice in writing has been served on the Board or person to be sued, clearly stating the cause of action and the name and place of abode of the intelided plaintiff and of his solicitor or agent.

9452 DWELLINGS. Workers' Dwellings. 9 EDw. VII. No. 10, On the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action which is not stated in the notice so served. Unless such notice is proved, the court shall find for the defendant. Every such action .shall be commenced within six months next after the accruing of the cause of action, and not afterwards. The Board or any person to whom any such notice of action is given may tender amends to the plaintiff, his solicitor, or agent at any time within one month after service of the notice, and, in case the same is not accepted, may plead such tender. Funds. 4. The funds necessary for the effectual execution of this Act shall consist of such moneys as may be raised by the issue of debentures as hereinafter provided, and such other moneys as may from time to time be appropriated by Parliament fur the purpose. Debentures 5. (1.) The Governor in Council may, for the purposes matyfbe made of this Act and subiect to the provisions hereinafter o £2 n 50, o 0 r 00. expresse d ·, ra ' ISe, b y th . e J. Issue of' d e b entures, any sum or sums of moneys which, together with all moneys appro- priated by Parliament, shall not exceed in the whole the sum of two hundred and fifty thousand pounds.- Such debentures shall be made out at the 'l'reasury in such manner, form, and denominations, and with such checks, indents, and counterfoils, as the Governor in Council shall direct, and shall be signed by the Minister, the Auditor-General, and the Under Secretary of the Treasury. Such debentures shall be secured upon the Consoli- dated Revenue of Queensland, and shall bear interest, payable half-yearly, at a rate not exceeding four pounds per centum per annum. Such interest shall be and be deemed to be a charge upon all the revenues of Queensland, and the same when due shall be paid by the Minister out of such revenues in priority to all demands thereon, except the charges and expenses -of the collection thereof and the interest upon the sums borrowed under the authority of the Acts in force at the date of the passing of this Act relating to the raising of loans by the Government of Queensland, whether by way of inscribed stock, Treasury bills, or debentures, or as a security for the redemption of Treasury notes.

1909. DWELLINGS. Workers' Dwellin.qs. ------- - - - 9453 (2.) The Governor in Council may authorise the sale Sale of or disposal of any such debentures in Queensland or in debentures. places beyond the limits 'of Queensland, and may appoint any agent or agents to negotiate such sale on behalf of the Government. (3.) The said debentures shan be made payable on Debentures 1 such day or days not earlier than the first day of January, whenpaJab.e. one thousand nine hundred and thirty-four, nor later than the first day of January, one thousand nine hundred and thirty-nine, as the Governor in Council may appoint. (4.) Upon proof being made, on oath, before a Judge J'rovisions for of the Supreme Court that any debenture issued under f; s~ e~ ~ re8 this Act, the numher and sum whereof is specified, has ' been lost or accidentally burnt, defaced, or otherwise' destroyed before the same has been paid off, and upon such Judge certifying that he is satisfied with such proof, the Minister may cause a new debenture. to be made out at the Treasury bearing .the same number, date, currency, principal sum and rate of interest, as the debenture so lost or destroyed, and to be delivered to the person who was the holder of the debenture so lost or destroyed upon his giving sufficient security to the Minister to indemnify the rrreasury against any double payment if the missing debenture should thereafter be presented for payment. . (5.) All debentures issued under this Act, after being Cancelling of paid off and discharged, shall be cancelled, and shall, ~ ~ ~ : : : ; ree~ . together with all checks, indents, and counterfoils belonging thereto, be burned or otherwise destroyed in the presence of the Auditor-General and the Under Secretary of the Treasury, VdlO shall certify the fact of such destruction to the Minister. 6. All moneys raised by the issue of debentures or Trust appropriated hy Parliament for the purposes of this Act Aooount. shall be placed to the credit of a Trust Account at the Treasury, and all advances under this Act to be made to owners of land shall be made out of the moneys from time to time standing to the credit of such account. All interest, instalments, and other moneys received by the Board under this Act shall forthwith upon receipt be paid into such account. Such account. shall be charged with all salaries, allowances, and otlwl' charges and expenses incurred in administering this Act, and also with all sums paid by the Minister in respect of the principal and interest moneys secured by such debentures,

9454 DWELLINGS. Board may make advancee. TVorlcers' Dwellings.' 9 Enw. VII. No. 10, --- -- - -- - ~- - - - - - - - - - ~ - - - - - - - - - - - - - ~ - - - --- The moneys standing from time to time to the credit of such account shall hear interest at a rale to he fixed by the Governor in Council not exceeding four pounds per centuUl per annum. . 7. (1.) The Board may, upon the application of any person who- (a) Is the owner of any land for a freehold estate in possession or is the holder of any miner's homestead lease or residence area granted or registered under" The Minin.lJ Act of 1898,"* or any Act amending or in substitution for that Act; or is the holder of a lrase granted under section 175A of " The Land Act, 1897,"t or is in possession of any otlter land which the Governor in Council mav bv Order in Council apprQve; and " " (b) Is not the owner of a dwelling-house within Queensland or elsewhere; and \ (c) Is at the time of making this application not in receipt of an income of more than two hundred pounds per annum; make an advance to such person on the prescribed security for the purpose of enabling him to erect a dwelling-house on the said land as a home for himself and his familv, but for no other purpose, or, after erection under this Act, to enlarge such dwelling-house. (2.) Every application for an advance shall be made in the prescribed form, and shall contain such particulars as may be prescribed. (3.) No advance shall exceed thirteen shillings and foul' pence in the pound of the fair estimated value of the dwelling-house proposed to be erccted and of the land whereon it is to be erected. (4.) No advance to anyone such owner shall exceed three hundred pounds. (5.) Whenever any question arises . whether any applicant is the owner of a dwelling-house within Queens- land or elsewhere, or as to the amount of his income, the decision of the Hoard upon such question shall be final and conclusive for all purposes, and shall not be qllestioned in any proceedings whatsoever. * 62 Vie. No. 24, supra, page 6609. t 61 Vie. No. 25, supra, page (;228. l_

DWELLINGS. 9455 1909. Workers' Dwellinqs. 8. (1.) It shall be the duty of inspectors to report Inspectors. upon applications for advances and to inspect from time to time the dwelling-houses which are in course of being erected by means of such advances. If the Board so thinks fit, any advance may be made by instalments upon the report of an inspector as the work is being done. (2.) At any time upon the report of an inspector that When.Bo'1rd :any money advanced under this Act has not been applied mpaayymwenItths.hold for the purpose for which it was advanced, or has been -expended in a careless or wasteful manner, the Board may refuse to pay any further instalment of the proposed advance, and may at once call in the whole amount already advanced, whereupon the borro,ve1' shall forthwith repay the same, and in default the Board ~ hall have the same remedies for the recovery of the same as are provided by this Act for the recovery of sums payable by tht:l borrower. 9. (1.) No advance shall be made under this Act Advancea to except upon the security of a mortgage to the Board over be secured by the land and dwelling-house with respect to which such mortgage. advance is mad", and upon such other security over real property as .to the ~ oard may seem fit. (2.) rl'he provisions of "The Bills of Sale Act of 1891,"'* or any Act amending or in substitution for that .Act, shall not apply to any mortgage or other security executed under this Act, or affect the validity or operation of any such mortgage or security in respect of any chattels -comprised therein. (3.) No mortgage or other like security executed to secure an advance u,nder this Act or any release of such mortgage or security shall be liable to stamp duty, any' enactment to the contrary notwithstanding. 10. No advance shall be mad.e with respect to any A.dvance only land which is encumbered py any previous mortgage or on fitrst Q h arge other than a mortgage to the Board, or by any = ~ arrears of rates due to any Local Authority. 11. For the period ending six months after the date on Repayment which the advance or any instalment thereof is made, there of advance. shall be paid to the Board by the borrower interest on the advance at the late of five pounds per centum per annum. Such interest shall be payable at the prescribed time. * 55 Vie. No. 23, supra, page 4171.

9456 DWELLINGS. .Workers' Dwell£ngs. 9 EDW. VII. No. 10, If any advance is made by instalments, interest shall be calculated on the actual amount of the several instal- ments of such advance from the date when such instalments are advanced. After the expiration of the said period, the advance with interest at thc rate aforesaid shall be repaid by the borrower to the Board within a term of twenty years by payment, on the prescrihed day of each month in each year, of monthly instalments of the amount of thirteen shillings and three pence for everyone hundred pounds advanced until the whole advance with interest at the rate aforesaid has been repaid: Provided that the advance may at the option of the borrower be repaid at any time sooner than is herein provided. When any advance has .been made by instalments, the Board may make any adjustment in the calculation of interest or otherwise as in its opinion may be expedient, so as to ascertain and fix the term of the advance and the dates of repayment. Remedies of 12. (1.) All moneys advanced under this Act shall be the Board. deemed to be a debt due by the borrower to the Hoard, and shall be recoverable accordingly with interest at the rate aforesaid. (2.) If defalilt is made by the borrower in the pay- ment of a;lY sum payable by him to the Board under this Act, or if the borrower commits any breach of any covenant or condition to be observed by him under any mortgage or under this Act, the whole of the debt then remaining unpaid shall forthwith become due and payable, and shall be i'ecoverable by the Board accordingly. (3.) If default is made by the borrower in the pay- ment of any sum of money payable by him to the Board under this Act, then, without prejudice to any other remedy, and, although no l~gal demand has been made for the payment thereof, the Board may enter upon ana take possession and sell the whole or any part of the land with respect to which the advance has been made, with all improvements thereon, either by private sale .or puhlic auction, and subject to such conditions of sale as it thinks expedient, and after such notice of the time, place, terms, and conditions of sale as it thinks expedient, with power to give time for payment of purchase money, and to vary or rescind any contract for sale, and to buy in

DWRLLINGS. 9457' 1909. Wot kers' Dwellings.. at any auction, and to resell without bei'ng answerable for any loss, and may transfer or convey such land to the purohaser, and give a valid title thereto. Tl;l.e Board shall apply the proceeds derived from such sale, in the first instance, in redemption of any amount charged on the land in favour of the Board, or of so much thereof as remains unpaid, and of all expenses incurred by the Board in relation to such 'sale or otherwise with respect to such land, and shall pay the balance (if any) to the person appearing to the Board to be entitled to receive the same. . (4.) As against mortgagors, the Board shall not be responsible for involuntary losses or the default of agents or auctioneers. 13. Every 'person who has given a. mortgage or other Mortgagor to security under this Act shall,during the continuance of effect the same, to the satisfaction of the Board or some person ~ : ;: ~ ~: ? authorised by it in that behalf, keep in good and tenantable -repair the dwelling-house and all improvements upon the land comprised in any such mortgage or other security. For the purposes of this section, "repair" includes painting in accordance with the conditions in that behalf contained in the mortgage. If after the expiration of three months' 'notice in writing by the Board such person has not complied with the requirements of this section- (a) The like consequences shall follow as are pro- vided by the last preceding section in case of default made in the payment of any sum of money payable under this Act; or (b) The Board or some person authorised by it in that behalf may enter upon the land and effect all repairs which the Board deems neces- sary, and the expense thereby incurred with . interest at the rate of five pounds per centum" per annum shall be repaid to the Board by the borrower on demand, and if not so paid the Board may at its option either forthwith exer- cise the powers conferred upon it by the last preceding section or add the amount of such expense and interest to the mortgage debt, whereupon the same shall be deemed to be part thereof'.

9458 DWELLINGS. 9 Eow. VII. No. 10, Conditions annexed to land whilst subject to advances. 14. As between the Board and the owner for the time being of any land with respect to which an advance under this Act has been made, the following conditions shall be imposed so long as such land is subject to any charge in respect of any monthly payment in favour of the Board, namely :- (i.) Such land shall not be transferred, subdivided, . or let by such owner without the consent of the .Board; _ Every agreement for tr:msfer or letting contrary to this subsection shall be void and of no effect; If the owner transfers, subdivides, or lets such land, or any part thereof~ in contravention of this subsection, the Board may forthwith exercise the powers conferred upon it by the last preceding section but one; (ii.) When the title to the land is divested from the owner under any law relating to insolvency, . the Board may cause the land, with all improve- ments thereon, to be sold; (iii.) When on the death of the owner the land would by reason of any devise, intestacy, or otherwise become suhdivided, the Board may require the land to be sold within twelve months after the death of the owner to some one person, and if default is made in selling the same the Board may cause the land, with all improvements tbereon, to be sold. The provisions of the last preceding section but one as to sale and application of the proceeds of sale shall apply to every sale made under this section. Power to lease 15. Whenever under tbis Act power is conferred sinellliinegu. of uanpyon d tehfeauB I toaorrdbtroeaccahusoef acnoyvelannadnt toorbecosnodlditiboyn roerasootnheor-f wise, the Board may, if it thinks fit, in lieu of exercising such power of sale, lease such land or any part thereof, with all improvements thereon, for any term not exceeding thirty years. Every such lease shall contain a covenant to pay such rent and observe such conditions as the Board in each case thinks fit.

DWELLINGS. 94i9 1909. Workers' Dwellin,lls. The rents and profits from time to time derived from any such lease shall be applied- (a) In payment of the costs and expenses from time to time incurred in connectio Il with the lease; (b) In payment of the instalments and other pay- ments (if any) due under this Act; (c) In payment of the balance (if any) to the borrower. 16. (1.) Where the consent of the Board is sought to Transfer of the transfer of any land with respect to which an advance land. under this Act has been made, the Board may require as a condition to its consent that tire transferee shall enter into and execute, in favour of the Board, such mortgage, bonds, covenants, and other instruments and securities as will effectually secure the payment by the transferee of all sums of money with the prescribed interest advanced to the transferor under this Act, and upon the entering into and execution of the same the transferee shall be equally bound thereby as if such advance had been made to him in the first instance. . (2.) Where the consent of the Board is sought to the Letting of letting of any land with respect to which an advance land. under this Act has been made, the Board may require as a condition to its consent that the lessee shall enter into and execute in favour of the Board such agreement as will secure to the Board when so demanded all the rents and profits of the land and the attornment of such lessee to the Board. 17. No judgment, order, or decree of any court of law, JLldgment of and, in the case of land held under miner's homestead ~ ~ ~ ~ ~ not to lease or as a residence area, no act or default on the part 8ecurity. of the borrower or any other person whereby a forfeiture might result, shall in any way affect the security for any advance made under this Act; and until all instalments and interest payable in respect of the advance have been paid, no process of law or declaration of forfeiture shall "interfere with the security for the same. 18. In every year the Board shall furnish a report Report to be t o the.Ml 1 · U1 . S ter upon the operatI'On 0 f ·th· IS A ct, and every Plaairdli b a e m fo e r n e t. such report shall be laid before both Houses of Parliament. 19. The Governor in Council may from time to time Governor in make Hegulations for all or any of the following purposes, ~ ~~~ cil may namely :- Regulations. (i.) The mode in which applications for advances are to be made ;

9460 DWELLINGS.-EDUCATION. University of Ql~ 'tnslanit. 9 EDW. VII. No. 7, (ii.) The quorum at meetings of the Board, the conduct of business at such meetings, the duties of the Board and of inspectors, valuers, and other officers; the fees for inspection and valuation; (iii.) The mode in which the value of lands and dwelling-houses shall be determined; (iv.) 'fhe insurance of dwelling - houses by the borrower and his successors in interest,and the paymen t to the Board of insurance moneys received to be applied, at the discretion of the Board, wholly or in part in reduction of the existing debt; (v.) The forms of mortgage or security to be taken by the Board, and the conditions and covenants to be inserted therein; (vi.) The establishment of a fund for the redemption of debentures or to provide against losses; (vii.) Generally, for carrying out the objects and provisions of this Act. All such Regulations, when published in the Gazette, shall be judicially noticed and have the same effect as if they were enacted in this Act, and shall be laid before Parliament within forty days after such publicat.ion, if Parliament is then sitting, and if not, then within forty days after the beginning of the next ensuing session of . Parliament. ' EDUCATION. 9 E N dw o. . 7 V . II. An Act to Incorporate and Endow the University TIlE UNIYERSITY of Queensland. OF QUEENSLAND ACT Gl<' 1909. [ASSENTED TO 10TH DECEMBER, 1909.J Preamble. W HEREAS it is desirable to promote sound learning, to encourage original research and invention, and to, provide the means of' obtaining a liberal and practical education in the several pursuits and professions of life in Queensland, and for such purposes to incorporate and endow a University open to all classes and denominations of His Majesty's subjects: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and