STATUTORY RULES.
1928. No. 136.
REGULATION UNDER THE SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1924-1926.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Seat of Government (Administration) Act 1924-1926, to come into operation forthwith.
Dated this thirteenth day of December, 1928.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
C. L. A. ABBOTT
Minister of State for Home Affairs.
Amendment of the Federal Capital Commission’s Powers Regulations.
(Statutory Rules 1927, No. 37, as amended to this date.)
Regulation 3 of the Federal Capital Commission’s Powers Regulations is amended by inserting, after paragraph (e), the following paragraph:—
“(f) the advancing to any person, upon such conditions as the Commission determines, of money for the purpose of enabling that person—
(i) to purchase land or a lease of land and erect on the land a residence;
(ii) to purchase a residence together with the land or lease of the land on which it is erected; or
(iii) to discharge any mortgage, charge or encumbrance already existing on any land or lease of land.”
By Authority: H. J. Green, Government Printer, Canberra.
3130.—Price 3d.
Overview
The Seat of Government (Administration) Act 1924-1926, which was enacted by the Parliament of Australia, aimed to address the administrative needs of the newly established seat of government in Canberra. This Act provided the framework for the administration and governance of the federal capital territory, facilitating the efficient management of public services, infrastructure, and land within the area. The policy objective behind this legislation was to ensure that the administrative requirements of the federal capital were met in an orderly and effective manner, supporting the development of the nation's capital and the smooth operation of the federal government within it.
The Statutory Rules 1928, No. 136, are a set of regulations made under the Seat of Government (Administration) Act 1924-1926. These regulations, which came into operation immediately, amended the Federal Capital Commission’s Powers Regulations to expand the financial assistance the Commission could provide. Specifically, they introduced provisions allowing the Commission to lend money to individuals to facilitate the purchase of land, the construction of residences, or the discharge of existing mortgages on land within the federal capital territory. This amendment was intended to stimulate residential development and improve housing options in Canberra, aligning with the broader goals of the Seat of Government (Administration) Act to support the growth and development of the national capital.
Scope and Application
The Seat of Government (Administration) Act 1924-1926, as amended by Statutory Rules 1928, No. 136, extends the Federal Capital Commission's powers to include the provision of financial assistance for the purchase of land or leases for residential purposes and the construction of residences, or the purchase of existing residences. This regulation applies to any person seeking to purchase land or a residence in the federal capital territory and is intended to facilitate residential development in the area. The regulation applies specifically within the Australian Capital Territory and is not applicable outside this jurisdiction. The Federal Capital Commission retains the discretion to determine the conditions under which financial assistance is provided. There are no exclusions, exemptions, or thresholds specified in the amendment, but the Commission's powers are extended to include these additional provisions through the subordinate instrument.
Key Provisions
The primary operative sections of these regulations, as referenced in Regulation 3 of the Federal Capital Commission’s Powers Regulations, introduce an additional power for the Commission. Specifically, Section (f) permits the Commission to lend money to individuals under specified conditions. These conditions are designed to enable individuals to purchase land or a lease of land and erect a residence on it (1(f)(i)), to purchase a residence along with the land or lease of land on which it is already erected (1(f)(ii)), or to discharge any existing mortgage, charge, or encumbrance on any land or lease of land (1(f)(iii)).
The obligations imposed by these regulations on the Federal Capital Commission include the responsibility to determine the conditions under which loans are advanced. These conditions are to be tailored to the specific needs of the individual, ensuring that the funds are used for the intended purposes: the purchase and development of land, the acquisition of an existing residence with its land or lease, or the clearance of existing financial burdens on the property. The Commission must adhere to these parameters to ensure compliance with the legislative intent of the Seat of Government (Administration) Act 1924-1926.
In terms of consequences for breach, the regulations themselves do not explicitly state any offences, penalties, or specific civil or criminal consequences for non-compliance. However, under the broader legislative framework of the Seat of Government (Administration) Act 1924-1926, any misuse of funds or failure to adhere to the conditions set by the Federal Capital Commission could potentially lead to legal action. The penalties for such breaches would be determined in accordance with the relevant provisions of the overarching Act and could include financial penalties, legal sanctions, or other remedies available under Australian law.