Banks (Housing Loans) Act 1974

Legislation au C2004A00199 Not in force Act

Legislation content

BANKS (HOUSING LOANS) ACT 1974

No. 143 of 1974

An Act to Provide Funds to enable Banks to make additional Loans for Housing, and for purposes connected therewith.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title.

1. This Act may be cited as the Banks (Housing Loans) Act 1974.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Loans to banks for purpose of housing.

3. (1) The Treasurer may, on behalf of Australia, make advances, by way of loan, to a bank named in the Schedule for the purpose of enabling the bank to make finance available, by way of loan, for the purpose of assisting men and women to purchase, erect or extend houses, being loans that the bank would not make but for the advances available to it under this Act.

(2) Advances shall be made to a bank under sub-section (1)—

(a) in such amounts, and at such times, as the Treasurer, or an officer authorized by the Treasurer, approves; and

(b) upon such terms and conditions as are agreed on by the Treasurer and the bank.

(3) The Treasurer shall not make an advance to a bank under sub-section (1) of such an amount that the total of the advances made to the bank will exceed the amount specified for the time being in the Schedule opposite to the name of the bank.

(4) The sum of the advances made to banks under this section shall not exceed $150,000,000.

Variation of Schedule.

4. (1) Where the Treasurer is satisfied that the amount specified in the Schedule opposite to the name of a bank exceeds the sum of any amounts that the bank has lent, or agreed to lend, and any amounts that the bank is likely to lend, or agree to lend, before 31 March 1975 or such later date as the Treasurer approves in respect of that bank, to assist men and women to purchase, erect or extend houses, being amounts that the Treasurer is satisfied that the bank would not have lent, or agreed to lend, but for the advances available to the bank under this Act, the Treasurer may direct that the amount specified in the Schedule opposite to the name of the bank shall be deemed to be reduced by such amount, not exceeding the amount of excess, as is specified in the direction.

(2) Where the Treasurer gives a direction under sub-section (1) with respect to a bank, the Treasurer, having regard to the proportions in which the sum of the amounts specified in the Schedule is allocated among the banks named in the Schedule, may also direct that the amounts specified in the Schedule opposite to the names of some or all of the other banks shall be deemed to be increased by such specified amounts as the Treasurer thinks fit in consequence of that first- mentioned direction and having regard to sub-section 3(4).

(3) Where the Treasurer has given a direction under this section with respect to a bank, this Act applies as if references in this Act to the amount specified in the Schedule opposite to the name of the bank were references to the amount so specified reduced or increased, as the case may be, as provided in the direction.

Appropriation.

5. Advances to banks under section 3 may be made out of the Consolidated Revenue Fund or the Loan Fund.

Authority to borrow.

6. The Treasurer may, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911-1973, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate $150,000,000.

Application of moneys borrowed.

7. Moneys borrowed under section 6 shall be issued and applied only for the expenses of borrowing, for the purpose of making advances to banks under this Act and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 8.

Reimbursement of Consolidated Revenue Fund from Loan Fund.

8. (1) Where an amount has been paid out of the Consolidated Revenue Fund under this Act, the Treasurer may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(2) In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Treasurer under section 49 or 50 of the Audit Act 1901-1973, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

(3) Where there has been a payment from the Loan Fund to the Consolidated Revenue Fund under sub-section (1) in respect of an amount paid out of the Consolidated Revenue Fund under this Act, the amount so paid out of the Consolidated Revenue Fund, shall, for the purposes of sections 9 and 10 of the National Debt Sinking Fund Act 1966-1967 be deemed to have been paid out of the Loan Fund.

Appropriation.

9. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

 

SCHEDULE  Section 3

Name of Bank

Amount of

Loan

 

$

Australia and New Zealand Savings Bank Limited.......................

13,700,000

The Bank of Adelaide Savings Bank Limited...........................

1,000,000

Bank of New South Wales Savings Bank Limited........................

18,800,000

Bank of New Zealand Savings Bank Limited...........................

100,000

Bank of Queensland Limited......................................

200,000

C.B.C. Savings Bank Limited.....................................

6,100,000

The Commercial Savings Bank of Australia Limited......................

5,100,000

Commonwealth Savings Bank of Australia............................

56,200,000

Launceston Bank for Savings.....................................

1,100,000

The National Bank Savings Bank Limited.............................

7,900,000

Rural Bank of New South Wales...................................

4,300,000

The Rural and Industries Bank of Western Australia......................

1,900,000

The Savings Bank of South Australia................................

7,700,000

The Hobart Savings Bank (carrying on business under the name “The Savings Bank of Tasmania”)             

1,100,000

The State Savings Bank of Victoria.................................

24,800,000

 

150,000,000

 

Overview

The Banks (Housing Loans) Act 1974 was enacted by the Queen, the Senate and the House of Representatives of Australia, to provide funds enabling banks to make additional loans for housing. The policy objective was to facilitate housing loans to individuals, which banks would otherwise not provide due to the lack of available funds. The Act empowers the Treasurer to make loans to banks listed in the Schedule, with specific limits for each bank and a total cap of $150,000,000. The Treasurer has the authority to adjust these amounts based on lending activity and future projections. Funds for these loans can be sourced from the Consolidated Revenue Fund or the Loan Fund, and the Treasurer may borrow up to $150,000,000 to meet these obligations. The Act also includes provisions for the reimbursement of the Consolidated Revenue Fund from the Loan Fund and ensures that the Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

Scope and Application

The Banks (Housing Loans) Act 1974 applies to the provision of financial assistance by the Commonwealth to specified banks for the purpose of enabling those banks to offer housing loans. This Act empowers the Treasurer to make loans to the banks named in the Schedule for facilitating housing finance, which the banks would otherwise not provide without these advances. The Act's scope includes the geographic and financial limits on the loans made to the banks, with a total ceiling of $150,000,000. It also allows for adjustments in the amount specified for each bank in the Schedule based on their lending needs and likelihood. The Act operates at the Commonwealth level and includes provisions for the appropriation of funds, borrowing authority, and reimbursement mechanisms between the Consolidated Revenue Fund and the Loan Fund. This legislation does not extend beyond the parameters set by the Act and subordinate instruments, such as the variation of the Schedule, are limited to the discretion of the Treasurer within the specified constraints.

Key Provisions

The Banks (Housing Loans) Act 1974 (sections 1-9) establishes a framework to facilitate housing loans by enabling the Treasurer to provide financial advances to specified banks. These loans aim to help individuals purchase, erect, or extend houses, with the primary objective of assisting those who might not otherwise have access to such loans. Under section 3, the Treasurer is authorised to make loans to banks listed in the Schedule, subject to specific conditions, including the approval of amounts and terms agreed upon by the Treasurer and the respective bank. Additionally, the aggregate sum of these advances must not exceed $150,000,000, as stated in section 3(4). The Act imposes several obligations on the Treasurer and the banks it governs. The Treasurer must ensure that the total loan to any bank does not exceed the amount specified in the Schedule, as outlined in section 3(3). The banks, in turn, must use the funds for their intended purpose, which is to provide housing loans to individuals. Moreover, the Treasurer has the authority to adjust the amount allocated to a bank if it is determined that the bank will not need the full amount specified in the Schedule, as per section 4. These adjustments must be made in consideration of the overall allocation among the banks, ensuring that the total sum of loans does not exceed the prescribed limit. In cases of breach or non-compliance with the Act's provisions, there are no explicit penalties or consequences mentioned in the text. However, failure to adhere to the terms and conditions agreed upon for the loans could potentially lead to legal repercussions or loss of eligibility for future funding under this Act. Additionally, the Act outlines the financial mechanisms for the appropriation and reimbursement of funds, ensuring that the money borrowed is used strictly for the purposes outlined in the Act.

Legal classification tags

Area of Law
Finance & Banking Law
Instrument
Act
Concepts
Definitions & Interpretation
Appropriation
Loans to banks for purpose of housing
Variation of Schedule

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.