Workers' Homes Acts Repeal Act of 1961 (10 Eliz ll No. 13) (Qld)

591 ANNO DECIMO ELIZABETHAE SECUNDAE REGINAE. No. 13. An Act to Repeal "The Workers' Homes Acts, 1919 io 1957." [ ASSENTED TO 29TH MARCH, 1961.] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssemblyof Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Workers' Hornes Short title. Acts Repeal Act of 1961." 2. ( 1.) In this Act, unless the context otherwise Meaning of indicates or requires, the following terms shall have terms. the meanings respectively assigned to them, that is to say:- "Abolished Corporation "-The Workers' Homes Aholishe<;l Corporation under and within the meaning Corporatmn. of the repealed Acts abolished by this Act, and, save in section four of this Act, includes the Commission when acting or purporting to act in the management of the business of the said Corporation pursuant to the repealed Acts as the fully constituted deputy and attorney of and for the said Corporation;

592 Workers' Homes Acts Repeal Act. 10 ELIZ. II. No. 13, Commission. Minister. Repealed Acts. " Commission "-The Queensland Housing Commission under and within the meaning of " Th,e State Housing Acts, 1945 to 1961 " ; " Minister "-The Treasurer and Minister for Housing or other Minister of the Crown for the time being chargedwith the administration of" The State Housing Acts, 1945 to 1961 "; "Repealed Acts"-" Tlie Workers' Homes Acts, 1919 to 1957," being the Acts set out in the Schedule to this Act to the extent to which those Acts are repealed by this Act. Interpre- tation. (2.) Nothing in this Act shall be construed to limit the operation or effect of any provision of "The Acts Interpretation Acts, 1954 to 1960." Repeal. [Schedule.] 3. The Acts set out in the Schedule to this Act are hereby repealed to the extent indicated in that Schedule. A:~ti~n , 4. The Workers' Homes Corporation, being the jrom~~ ~rs Corporation sole constituted under the repealed Acts Corporation. b y the Mini" st er WI "th" m the meanm. g thereof and h" 1s successors in office representing the Crown, is hereby abolished. Abolition of Workers' 6. The Workers' Homes Fund, being the fund in Homes the Treasury created under the repealed Acts, is hereby Fund. discontinued and closed. Such fund is herein referred to as the " closed fund.'' =~-a 1 n 68 d 6. (1.) Upon the passing of this Act all assets and or the liabilities of the abolished Corporation shall, by virtue ~~~ ~~~ on. of this Act and without any conveyance or transfer be divested from the abolished Corporation and shall vest in The Queensland Housing Commission under and within the meaning of "Th,e State Housing Acts, 1945 to 1961."

1961. Workers' Homes Acts Repeal Act. (2.) As from the date of the passing of this Act, any :reference in any Act to the abolished Corporation shall be deemed a reference to the Commission and shall be read and construed accordingly. For the purpose of this subsection the term "Act" includes any Proclamation, Order in Council, regulation, rule, by-law, ordinance or other instrument made under any Act in question. (3.) The abolition of the abolished Corporation shall not affect any of its rights or obligations, or render defective any legal proceedings by or against it. Any right or obligation which might have been enforced by or against the abolished Corporation if it had not been abolished may be enforced by or against the Commission. Any legal proceedings that might have been commenced or continued by or against the abolished Corporation if it had not been abolished may be commenced or continued by or against the Commission. (4.) Upon the passing of this Act and by virtue of this Act the Commission shall be substituted for the abolished Corporation as a party to any mortgage, lien, bond, debenture or other security whatsoever or lease, agreement to let or lease, other agreement, contract or deed to which the abolished Corporation was a party immediately prior to its abolition, and as a party to any other document, instrument or writing whatsoever creating or evidencing any transaction to which the abolished Corporation was a party immediately prior to its abolition, and as a party to such transaction. (5.) Any vacant Crown land which at the date of the repeal of the repealed Acts was set apart pursuant thereto to be used for the purposes thereof shall be deemed set apart pursuant to "The State Housing Acts, 1945 to 1961," to be used for the purposes of such Acts, and such land shall become and be available for the purposes of such Acts accordingly. 593

594 Workers' Hornes Acts Repeal Act. 10 ELIZ. II. No. 13, Subsisting contracts and leases. 7. ( 1.) Notwithstanding the repeal thereof by this Act, the repealed Acts shall, subject to this Act, be deemed to continue in force with respect to-- (a) Every contract of sale under and within the meaning of the repealed Acts entered into by the abolished Corporation with any person before the date of the passing of this Act and not duly completed as at that date; (b) Every Perpetual Town Lease or Perpetual Suburban Lease acquired and held under the provisions of the repealed Acts ; (c) Every lease issued pursuant to section 13B of the repealed Acts. (2.) The Commission may sell under the repealed Acts a home to any person who applied to purchase a home thereunder prior to the repeal thereof and, with respect to and for the purposes of such a sale, the repealed Acts shall, notwithstanding the repeal thereof by this Act, but subject to this Act, be deemed to continue in force. (3.) For the purpose of continuing the repealed Acts in force as prescribed by this section, any reference therein to the abolished Corporation shall be read and construed as a reference to the Commission. 6 Eliz. II. No. 40, Pe.rt III. preserved. 8. The repeal of the repealed Acts shall not prejudice or affect in any way Part III., being sections eleven to eighteen, both inclusive, of" The State Housing Acts and Another Act Amendment Act of 1957." rIuennpsdeteraurlemtdheents effec 9 t . toTtohisthAe cet, xetevnetrynePcreoscslaarmyattioong,ivOerdoepreirnatiCoonunacnild, Acts. rule or other instrument made under the repealed Acts and in force immediately prior to the repeal thereof shall be deemed to continue in force. Financial e.rre.nge- ments, 10. ( 1.) The moneys standing to the credit of the closed fund shall be applied- (a) Firstly, in making all payments prescribed by the repealed Acts to be made from the closed fund which are due and payable therefrom as at the date of the passing of this Act;

1961. Workers' Homes Acts Repeal Act. (b) Secondly, in liquidating the indebtedness of the fund to the Treasurer in respect of advances made by him to the closed fund by way of loan, and the balance, if any, of such moneys shall be transferred to Consolidated Revenue to the credit of the Loan Fund Account. (2.) A sum equal to- (a) The aggregate of all profits of the abolished Corporation prior to the passing of this Act in respect of the purchasing price for an estate in fee-simple of lands appurtenant to homes sold by it under contracts of sale ; (b) Less the balance remaining in the closed fund after the application of moneys therein as prescribed by paragraphs (a) and (b) of subsection one of this section, shall be paid into Consolidated Revenue to the credit of the Loan Fund Account. (3.) A sum equal to the accumulated profit as at the date of the passhig of this Act in the accounts relating to the closed fund shall be paid into Consolidated Revenue. (4.) A sum equal to the profits of the abolished Corporation in respect of sales prior to the passing of this Act of homes (including the appurtenant land) taken possession of by the abolished Corporation pursuant to section twenty-two of the repealed Acts shall be paid into Consolidated Revenue. (5.) The payments prescribed by subsections two, three and four of this section shall be made from The Queensland Housing Commission Fund created under " The State Housing Acts, 1945 to 1961." For the purposes of enabling such payments from such fund the Treasurer may make to the Commission an advance by way of loan, not exceeding two hundred and fifty thousand pounds, for a term not exceeding fifteen years and upon such conditions relating to repayment, payment of interest, and otherwise as the Treasurer deems fit. 595

596 Workers' Homes Acts Repeal Act. 10 ELIZ. II. No. 13, (6.) All profits resulting on or after the date of the passing of this Act in respect of the purchasing price for an estate in fee-simple of lands appurtenant to homes sold by the abolished Corporation under contracts of sale (and in any case whether the purchase in fee-simple was commenced before or after such lastmentioned date) shall, as received by the Commission, be paid by the Commission into Consolidated Revenue to the credit of the Loan Fund Account. (7.) All profits resulting from sales after the passing of this Act of homes (including the appurtenant land) taken possession of pursuant to section twenty-two of the repealed Acts, whether by the abolished Corporation prior to the date of the passing of this Act or by the Commission on or after such date, shall, as received by the Commission, be paid into Consolidated Revenue. (8.) All moneys received by the Commission on or after the date of the passing of this Act in respect of the purchasing price of homes sold by the abolished Corporation under contracts of sale shall be paid into "The Queensland Housing Commission Fund," and may be applied for any purpose for which payment may be made out of such fund. Home buyers' insurance. 11. (1.) This section shall be deemed to have come into operation on the first day of January, one thousand nine hundred and fifty-nine. (2.) Subject to this section the Commission shall be deemed to insure and to keep insured as prescribed by subsection four of this section every person who, on or after the first day of January, one thousand nine hundred and fifty-nine, contracted under the repealed Acts to purchase a home pursuant to a contract whereunder the purchasing price is payable before the expiration of a period not exceeding thirty years and who- (a) Is under the age of forty years at the date when he first occupies the home in question, or at such earlier date as may be determined by the Commission (which earlier date shall be not more than two months prior to the date when he first occupies the home in question); and

1961. Workers' Homes Acts Repeal Act. (b) At the date when he first occupies the home in question or at such subsequent date not later than six months after he first occupies the home in question as is determined by the Commission, produces to the Commission medical evidence of good health which satisfies the Commission that his expectancy of life, apart from any occupational hazard, is such that he would not be required to pay a loading or higher rate of premium in order to obtain any insurance on his life in accordance with the accepted practices in relation to life insurance business at the time in question. (3.) In applying subsection two of this section to any case the circumstances whereof are exceptional, the earlier date referred to in paragraph (a) of subsection two of this section may be determined by the Commission, with the approval of the Minister, at a date not more than six months prior to the date when the home is first occupied. (4.) Subject to subsection five of this section, the cover under such insurance and the benefit payable in respect of such cover shall be as prescribed by subsection two of section 25B of "Th,e State Housing Acts, 1945 to 1957," as in force immediately prior to the repeal of such section by "TM State Hou$ing Acts Amendment Act of 1961." If the aggregate of the balance of the aforesaid principal moneys lawfully becoming due and payable after the date of death, and of all interest payable in respect of that balance, exceeds two thousand two hundred and fifty pounds the Commission may agree with the personal representative of the deceased person in question as to the maimer in which it will apply the benefit in part payment of such balance and interest or, failing such agreement, the Commission may so apply the benefit as it deems just having regard to the circumstances of the particular case. (5.) In the event of- (a) The periodical payments to be made in repayment of capital and payment of interest in respect of any contract to which this section applies becoming in arrears to an 597

598 Workers' Ilornes Acts Repeal Act. 10 ELIZ. II. No. 13, amount not less than the aggregate of such periodical payments for a period of two months or, m any case where the Minister approves on the ground of exceptional circumstances, six months; or (b) The Commission completing before the death of the person concerned any power of entry into possession or any power of sale given to it under any security or contract or by the repealed Acts or by this Act, the insurance cover under this section in respect of the contract in question shall by virtue of that fact cease and determine, and, unless and until it is revived as prescribed by this subsection, neither the person whose life is covered nor any other person whomsoever shall have any right or claim to any benefit under such insurance cover. Such insurance cover shall be revived by the making of all payments specified in paragraph (a) of this subsection whlch have become due and payable, including all arrears thereof and all amounts thereof becoming due after the determination of the insurance cover : Provided that such payments are made before the Commission has completed any power of entry or any power of sale referred to in paragraph (b) of thls subsection and that, in the case of a third or any subsequent such determination, the Commissioner shall have recommended to the Minister that he consent to the reviver, and the Minister shall have so consented in writing. Arrears mentioned in subparagraph (a) of the first paragraph of thls subsection whlch arose before the date of the passing of thls Act, shall not be taken into account for the purposes of thls subsection, unless such arrears are unpaid at such date and the purchaser fails to pay them within thirty days after the Commissfon notifies him in writing that the insurance cover under this section in respect of his contract will cease and determine unless he makes such payment. For the purposes of thls subsection the exercise of a power of sale shall be deemed to be completed when the Commission becomes bound by an agreement or a contract of sale.

1961. Workers' Homes Acts Repeal Act. 599 (6.) For the purposes of the provisions, other than subsection five, of this section, any provision of any mortgage, contract or other security or agreement whereby the payment of the balance of any principal moneys owing thereunder becomes due and payable either forthwith or immediately or is otherwise accelerated in the event of any default in compliance with the covenants, terms or conditions thereof shall be inoperative. (7.) The Treasurer shall pay to The Queensland Housing Commission Fund all such moneys as may from time to time be appropriated by Parliament for payment to that fund for the purposes of this section. (8.) Where pursuant to a contract to purchase a home under the repealed Acts entered into on or after the first day of January, one thousand nine hundred and fifty-nine, the period during which payment in full of all principal moneys and interest payable in respect of the purchasing price shall be completed exceeds thirty years, the purchaser or joint purchasers (as the case may be) shall by virtue of agreeing to such period be deemed to have elected not to take the insurance cover provided under this section, and accordingly this section shall not apply with respect to the contract in question. (9.) In the case of co-purchasers the provisions of this section apply but to the extent that the life of only such one of them as the Commission determines shall be covered. 12. (1.) Section 25B of " The State Housing Acts, Sav~g of 1945 to 1957," notwithstanding the repeal thereof by f;i!~:ices. "The State Housing Acts Amendment Act of 1961," and subsection two of section sixteen of the repealed Acts, as respectively in force immediately prior to the first day of January, one thousand nine hundred and fifty-nine, shall be deemed to continue in force with respect to all contracts of insurance entered into by the Insurance Commissioner or The State Government Insurance Office (Queensland) pursuant to the provisions of the said repealed section 25B in respect of contracts of sale under the repealed Acts, and no such contract of insurance shall be prejudiced or affected howsoever by the repeal of the said section 25B or of the repealed Acts.

600 Workers' Homes Acts Repeal Act. 10 ELIZ. No. 13, 1961. [Section 3.] SCHEDULE. Regnal Year and Number. Title of Act. I Extent of Repeal 10 Geo. V. No. 7 13 Geo. V. No. 21 •• 16 Geo. V. No. 10 •• 21 Geo. V. No. 16 •• 25 Geo. V. No. 16 •• 13 Geo. VI. No. 39 .• 2 Eliz. II. No. 25.. 6 Eliz. II. No. 40 .• "The Workers' Homu Act of 1919" "The Workers' Hmne.s .Act .Amendment .Act of 1922 " "The Workers' Homes .Act .Amendment Act of 1925" "The Workers' Homes .Acts Amendment Act of 1930" "The State .Ad,,,ances Act and Othe,r Acts ReUef A1r.end1nent Act of 1934 " " The State Housing Acts and Another Act Amendment Act of 1949" "The State Housing Acts and Another Act Amendment Act of 1953" " The State H ausing Acts and Another Act Amendment Act of 1957" The whole Act The whole Act The whole Act The whole Act Part III., being section 4 Part III., being sections 10, ll, 12, 13 and 14 Part III., being sections II and 12 Part V., being sections 22, 23, 24, 25, 26, 27, 28, 29 and 30 By Authority: S. G. REID, Government Printer, Brisbane--1%1