Workers' Homes Act Amendment Act 1941 (WA)

WORKERS' HOMES.

5° and 6° GEO. VI, No. XLIV.

No. 44 of 1941.

AN ACT to amend the Workers' Homes Act.

1911-1938.

[Assented to 15th January, 1942.]

RE it enacted by the King's Most Excellent Majesty,

" by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Workers' Homes Act	Short title.
et. No. 43 of

Amendment Act, 1941, and shall be read as one with the 1938, s. 6.

No. 44.] Workers' Homes. [1941.

Workers' Homes Act, 1911-1938 (No. 8 of 1912 as amended by the Acts No. 75 of 1912, No. 16 of 1914, No. 1 of 1922, No. 34 of 1925, No. 35 of 1928, No. 2 of 1929, No. 21 of 1935 and No. 43 of 1938), hereinafter referred to as the principal Act.

Amendment	2. Section three of the principal Act is amended by
of s. 3.

deleting the definition of "worker" and inserting in lieu

thereof a new definition as follows :—

"Worker " means any person, male or female, who-

(a)	is employed in work of any kind; and
(b)	subject to paragraph (2) of section forty- four B is not in receipt of salary, wages, or income exceeding four hundred pounds per annum at the time of his application under this Act.

Provided that, where any person afore- said is the parent of any child or children under sixteen years of age, the limit of four hundred pounds aforesaid shall, for the purposes of this definition, be increased by twenty-five pounds in respect of such child or in respect of each of such children.

Amendment

of s. 8.	3. Section eight of the principal Act is repealed and
Repeal and

new section.	a section is inserted in lieu thereof as follows:-
Erection of

workers' 8. (1) On any land dedicated to the purposes of

dwellings.

this Act the Minister may, upon the recommendation

See N.Z.,

1910, No. 62,

of the Board, cause dwelling-houses to be erected or

s. 4;

N.S.W. Bill

may convert any buildings into dwelling-houses, and

of 1911, c. 12.

may from time to time alter, enlarge, repair, rebuild

and improve such dwelling-houses.

Provided that the cost of such erection or con- struction, including sewerage connections, shall not in the case of any dwelling-house exceed the sum of nine hundred pounds.

(2) The plans and specifications for such dwelling- houses shall be subject to the approval of the Govern- ment Architect or smile other officer appointed by the Minister.

Amendment

of s. 11.

Repeal and

new section. 4. Section eleven of the principal Act is repealed and

Disposal of	a section is inserted in lieu thereof as follows:—
dwellings by

lease.	11. Subject to the provisions of this Act the
N.S.W. Bill

Board may, with the approval of the Minister,

of 1911. C. 15.

1941.] Workers' Homes. [No. 44.

dispose of workers' dwellings in the following

manner:

(a) The land on which the dwelling-house is erected shall, after appraisement, be let to the applicant under a perpetual lease, sub- ject to reappraisement every twenty years. Such appraisement and reappraisement shall be based on the capital value less the value of the dwelling-house.

The rent payable shall be such rate per centum per annum on such appraisement or reappraisement, as the case may be, as may be prescribed.

(b) The capital cost of the dwelling-house, with interest thereon at five per centum per annum, or at such other rate per annum as may be prescribed, shall be paid by the lessee by instalments extending over thirty- five years, or such other period as the Minister may direct; such instalments to be paid by way of an addition to the rent pay- able as hereinbefore provided, but the interest shall be payable only on the balance outstanding of such capital cost.

Provided that-

(i)    subject to the regulations, a lessee may at any time pay the whole of such capital cost or such portion as may for the time being remain unpaid, or any instalment in excess of the prescribed instalments ; and

(ii)    the applicant may at any time pay off the whole of the moneys outstand- ing in respect of the capital cost of the dwelling and any accrued interest thereon and a sum equal to the last appraised value of the land on which such dwelling-house is erected, and he shall be there- upon entitled to acquire the free- hold of the land.

5. Section fourteen of the principal Act is amended Amendment

by deleting from subparagraph (iii) (inserted by the of s ' 14.

No. 44.] Workers' Homes. [1941.

Act No. 35 of 1928, section six (14 ) of paragraph (b) of subsection (2) of the said section, the word "eight" in the last line of the said subparagraph (iii) and inserting in lieu thereof the word "nine."

Amendment

of s. 24. 6. Section twenty-four of the principal Act is repealed

Repeal and and a section is inserted in lieu thereof as follows:—

new section.

Advances for

homes ; see	24. (1) Subject to the provisions of this Act and
S.A., No. 1018,

s. 11 ;	the regulations, the Board may, with the approval
N.Z., No. 72
of 1908, s. 48 ;	of the Minister
Q., No. 10 of

1909, s. 7. (a) erect and dispose of dwelling-houses to

workers; and

(b) make advances to any worker, on the pre- scribed security, for the purpose of enabling him-

(i)    to erect a dwelling-house on his hold- ing as a home for himself and his family (if any) ; or

(ii)    after erection or partial erection of a dwelling-house on his holding, to enlarge or complete the same; or

(iii)    to purchase a dwelling-house and the land enclosed or occupied there- with, as a home for himself and his family (if any) ; or

(iv)    to discharge any mortgage or liability

already existing on his holding.

Provided that at no time shall the total advance made to any per- son under paragraph (b) of this subsection and for the time being remaining unpaid, exceed the sum of nine hundred pounds.

(2) Any advance under subsection (1) hereof may, subject to the regulations, be made by instal- ments, and in such case the total of the amounts advanced up to any given time shall not exceed the value of the progress theretofore made with the

building as certified in writing by a valuer to the

satisfaction of the Board.

No provision in this section shall be applied

to or affect or govern or alter the provisions of

Part III. of this Act.

(3)

1941.] Workers' Homes. [No. 44.

7.    Section twenty-nine of the principal Act (as etset.en

amended by the Act No. 75 of 1912) is amended by delet- ing paragraph (h) and inserting in lieu thereof a para- graph as follows :—

(h) Irrespective of the prescribed instalments, the mortgagor may from time to time pay to the Board any sum in excess of the prescribed instalments in respect of repayment of the principal moneys owing by him to the Board, to be paid by the Board to the credit of the mortgagor into the Advance Instal- ments Deposit Fund established by the Board under section forty-five A of this Act, and to be applied and dealt with in accordance with the provisions of that section.

Provided that, subject to section forty-five A of this Act, no such payment shall in any way relieve the mortgagor of his obligation to pay the prescribed instalments or reduce the amount of the interest payable by the mortgagor under the mortgage.

8.    Section thirty-two of the principal Act (as amended Amendment

by the Act No. 35 of 1928) is amended by deleting from of s. 32.

subsection (2) the word "eight" in line three of the said subsection and inserting in lieu thereof the word "nine."

9. Section thirty-four of the principal Act (as Amendment of 34.

amended by the Act No. 35 of 1928) is amended by delet- ing from paragraph (b) of subsection (2) the word "eight" in the last line but one of the said paragraph (b) and inserting in lieu thereof the word "nine."

10.    A section is inserted in the principal Act after New section.

section forty-five as follows :-

45A. (1) The Board shall establish a fund, to be Advance an

kept at the Treasury and to be called "The Advance Posit Fond;	gee Common-
Instalments Deposit Fund."	of 1918,
wealth No. 43

(2) Wherever, in pursuance of the provisions of s ' 29.

this Act, any lessee, purchaser, or mortgagor pays to the Board in respect of his liability to the Board under the lease, contract, or mortgage any instal- ment of principal money in excess of the prescribed instalments payable by him, the Board shall pay the amount of such excess instalment into the Advance Instalments Deposit Fund to the credit of such. lessee, purchaser, or mortgagor.

No. 44.] Workers' Homes. [1941.

(3) While any excess instalments shall remain in the said Fund to the credit of the lessee, purchaser, or mortgagor, the same shall be credited with com- pound interest, calculated yearly at a rate per annum to be prescribed.

(4) Deposits and interest accumulated in the said Fund to the credit of a lessee, purchaser, or mort- gagor shall, at his request, be available for the pay- ment of

(a)	any instalments as they fall due;
(b)	any arrears of instalments;
(c)	expenses incurred for repairs, renovations, or additions to the dwelling occupied by the lessee, purchaser or mortgagor ;
(d)	rates and taxes assessed in respect of the land and dwelling occupied by the lessee, pur- chaser or mortgagor; and
(e)	any other expenses incurred by the lessee, pur- chaser or mortgagor, with the approval of the Board, in connection with the land or dwelling occupied by him.

(5) If at any time the deposits and interest accu- mulated to the credit of a lessee, purchaser, or mort- gagor in the said Fund under this section amount to such sum as is not less than the capitalised value of the whole of the existing and future liability of the lessee, purchaser, or mortgagor in connection with a lease, contract of sale or an advance, the Board may forthwith apply that sum in discharge of the said liability of the lessee, purchaser, or mort- gagor, and, in the case of a lease, may grant a certifi- cate of purchase, and, in the case of a sale of the freehold interest, may grant a transfer of the pro- perty in respect of which the contract of sale was entered into, and a discharge of the mortgage on the property in respect of which the advance was made, as the case may be.

Provided that, where the liability of a purchaser or mortgagor is discharged in pursuance of this sub- section, within five years of the date of the lease or of the contract of sale or of the making of the advance, the Board may, prior to the expiration of that period of five years, refuse to grant a certificate

1941]. Workers' Homes. [No. 44.

of purchase or a transfer of the property or a release

of the mortgage, as the case may be.

11. The principal Act as amended by this Act may pcLuctal aaa

be cited as the Workers' Homes Act, 1911-1941. as amended.