THE VICTORIAN STATUTES

No. 6275.

HOUSING ACT 1958.

An Act to consolidate the Law relating to Housing. [30th September, 1958.] E it enacted by the Queen's Most Excellent Majesty by and B with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):— 1. This Act may be cited as the Housing Act 1958, and shall short uue, come into operation on a day to be fixed by Proclamation of the ment and Governor in Council published in the Government Gazette and Pavrtofnlnt0 is divided into Parts and Divisions as follows:— Part I.—The Housing Commission ss. 3-20. Part II.—Provision and Disposal of Houses ss. 21-54. Division 1.—Acquisition of Land and Erection of Houses ss. 22-30. Division 2.—Letting or Leasing of Houses ss. 31-33. Division 3.—Sale of Houses ss. 34-43. Division 4.—Advances for Housing Purposes ss. 44—54. Part III.—Improvement of Housing Conditions and Slum Reclamation ss. 55-75. Division 1.—Improvement of Housing Conditions ss. 56-66. Division 2.—Slum Reclamation ss. 67-75. Part IV.—Finance ss. 76-89. Part V.—Commonwealth and State Housing Agreements ss. 90-96.

VOL. rv.—l a 1958. Housing. No. 6275

Part VI.—Supplementary ss. 97-133. Division 1.—General ss. 97-113. Division 2.—Enforcement of Act ss. 114-119. Division 3.—Offences and Legal Proceedings ss. 120-131. Division 4.—Regulations ss. 132-133.

Repeal. 2. (1) The Acts mentioned in the First Schedule to this Act schedule. to the extent thereby expressed to be repealed are hereby repealed accordingly. (2) Except as in this Act expressly or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any regulation order appointment application notice certificate contract agreement debenture charge valuation consent authority incorporation declaration determination fund extension of time approval direction security proceeding liability or right made effected issued granted given presented fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act; nor shall such repeal affect the saving effected by sub-section (2) of section thirty-eight of the Housing Act 1943.

PART I.—THE HOUSING COMMISSION. interpretation. 3. In this Act unless inconsistent with the context or No. 4531 s. 2. subject-matter— ••chairman." "Chairman" means Chairman of the Commission.

" com- n " Commission " means the Housing Commission appointed mission. « . i • * ,

under this Act. Commission which is hereby declared to have been established NOHousin! 4996sg -: 33, by 4th. e (1Housing) For Actthe 193purpose7 ansd whicof thih sis constituteAct therde ashals hereinaftel be a r Commissions.2(o. . provided- - .- -...*.*. - No. 4531 s. 3; 1958. Housing. No. 6275 3 (2) The Commission is hereby declared to have been created a body corporate by the Housing Act 1937 under the name of the Housing Commission and has perpetual succession and a common seal and is capable in law of suing and being sued. (3) Subject to the Minister— (a) the Commission shall administer this Act; and (b) the Commission shall have and may exercise the rights powers and authorities and shall discharge the duties conferred or imposed on it by this Act or any other Act. 5. (1) The objects for which the Commission was established objects for * which are Commission (a) the improvement of existing housing conditions; and No^ani™1^-' (b) the provision of adequate and suitable houses for NS; 5739 s'34' letting or leasing to persons who are displaced s.20). from reclamation areas or living under unsatisfactory housing conditions and to other eligible persons; and (c) the sale of houses to eligible persons and the making of advances to eligible persons to enable them to become the owners of their own homes; and (d) the development of land for housing and related purposes. 0 (2) In addition to any functions provided for in this Act, " General the functions of the Commission are to investigate and Commission, report to the Governor in Council upon the methods by which the said objects may be carried into effect, and in particular to investigate and report upon methods with respect to— (a) the reclamation and re-planning of insanitary housing areas and the condemnation and demolition of insanitary obstructive and other houses and buildings; (b) the imposition of building conditions and restrictions in relation to lands and houses; (c) the prescribing of standards with respect to the drainage sanitation ventilation and lighting of houses and the dimensions of rooms in houses; (d) the inspection of houses; (e) the carrying out of or the requiring of owners to carry out— (i) the reconditioning of insanitary houses and premises; (ii) the provision of proper drainage sanitation ventilation and lighting for, and rooms of proper dimensions in, houses; (a) See, for example, section 22 (purchase of land and erection of houses), section 31 (letting of houses), section 34 (sale of houses). 4 1958. Housing. No. 6275 (/) the making of advances to owners of houses or premises for the purposes of complying with such requirements; (g) the recovery from owners of houses or premises of the cost of the carrying out of reconditioning or the provision of proper drainage sanitation ventilation lighting and rooms of proper dimensions as aforesaid; (h) the remedying or prevention of the overcrowding of persons in houses and the overcrowding of houses in areas; (i) the carrying into effect of housing schemes, including— (i) the acquisition of lands; and (ii) the erection of houses; and (/) the class or classes of persons for whom houses should be provided and the proper limitation to be put upon the power to provide houses. Duties of (3) The duties of the Commission shall be— Commission. . (a) to formulate and submit to the Governor in Council detailed schemes (with estimates of the cost thereof) for meeting requirements in respect of the provision of suitable and adequate housing for persons of limited means and the reclamation and re-building of insanitary areas; (b) to submit detailed proposals to the Minister with respect to legislation which it recommends should be enacted in order that the objects for which the Commission is constituted may be carried into full effect and to this end to confer with Government departments municipal councils and public statutory corporations and other corporations and associations and officers or representatives thereof; (c) such other duties as are imposed on the Commission by this or any other Act. Ministerial 6. In the exercise of the powers functions authorities and NO "as«2 duties conferred upon the Commission by or under this or any [s?-' other Act the Commission shall be subject to the direction and control of the Minister. constitution oi 7. (1) The Commission shall consist of three members remuneration appointed by the Governor in Council. of members medntao?oint" (2) Of the members so appointed one shall be appointed De"ut?rand as Director of Housing and chairman of the Commission and one Housing- shall be appointed as Deputy Director of Housing. No. 5835 s. 2 1958. Housing. No. 6275 t (3) A member of the Commission shall not during his continuance in office be engaged in any employment other than that in connexion with the duties of his office as such. (4) The Governor in Council may remove any member of the Commission. (5) The members of the Commission shall be entitled to be paid such salaries as are determined and to receive such reasonable travelling expenses as are fixed by the Governor in Council. (6) (a) The Governor in Council, in the case of the illness absence from Victoria or vacancy in the office of the Director Deputy Director or other member of the Commission, may appoint some person to act as his deputy during such illness absence or vacancy and every such person shall, while so acting, have the powers and perform the duties of the Director Deputy Director or other member (as the case may be). (b) If the person appointed to act as the deputy of the Director is the Deputy Director or the other member the Governor in Council may appoint some other person to act as deputy of such Deputy Director or other member while he is acting as the deputy of the Director. (c) If the person appointed to act as the deputy of the Deputy Director is a member of the Commission the Governor in Council may appoint some other person to act as deputy of such member while he is acting as the deputy of the Deputy Director.

8. Subject to this Act— Term of (a) the members of the Commission shall be entitled members. to hold office for the period (not exceeding five No. 5835 9.2 years) for which they are appointed and shall be eligible for re-appointment; and (b) any person appointed to fill the vacancy in the office of member shall be entitled to hold office for the remainder of the term of office of the member in whose place he is appointed and shall be eligible for re-appointment. 9. (1) The members of the Commission shall not in respect Exemption of of their office as members be subject to the provisions of the ™mbp%,itc Public Service Act 1958. serviceAet. ~ ,. . , , ,. , . No. 5835 s. 2 (2) Notwithstanding anything in the last preceding sub-section M- if a person appointed as member was at the time of his appointment an officer of the public service he shall continue to be an officer of the public service. (3) If a person appointed as member of the Commission was at the time of his appointment as member an officer within the meaning of the Superannuation Act 1958 he shall notwithstanding such appointment be deemed to continue subject to that Act to be an officer within the meaning of that Act. 1958. Housing. No. 6275

StaS of the 10. (1) Subject to the Public Service Act 1958 there shall Commission. No. 5835 s. 2 be appointed a secretary to the Commission and such other officers [9]. No. 6054 s. 2. and employes as are necessary for the purposes of this Act. (2) The Manager of the Holmesglen Concrete Housing Factory shall be employed pursuant to the provisions of the Public Service Act 1958. (3) Such other persons as are required for the purposes of the Holmesglen Concrete Housing Factory either at such factory or elsewhere if such persons are subject to the general direction and control of the Manager may be employed by the Commission unless in any particular case the Public Service Board on the recommendation of the Commission determines that any person required for such purpose shall be employed pursuant to the Public Service Act 1958. (4) Any person employed pursuant to the provisions of the last preceding sub-section by the Commission shall be an employe' of the Commission and shall be employed on such terms and conditions as the Commission with the consent of the Governor in Council from time to time determines and shall not be subject to the provisions of the Public Service Act 1958.

Vacation of 11. (1) If any member of the Commission— office by members. (a) is wilfully absent from six consecutive meetings No. 5835 s. 2 [10]. without leave granted by the Minister; or (b) becomes incapable of performing his duties; or (c) resigns his office by writing under his hand addressed to the Governor in Council— he shall thereby vacate his office as a member of the Commission. (2) The Minister is hereby authorized to grant any leave of absence for the purposes of this section.

Persons 12. No person being an undischarged or uncertificated bankrupt &c. not to be or bankrupt or insolvent shall be capable of being appointed a to continue to be members member of the Commission and any member who becomes of the Commission. bankrupt or insolvent or applies to take the benefit of any Act No. 5835 s. 2 for the relief of bankrupt or insolvent debtors or who by any [11]. deed or other writing compounds with his creditors or makes an assignment of his salary for their benefit shall be deemed to have vacated his office as a member of the Commission.

Members not 13. Every member of the Commission who is in any wise to be irsonally concerned or interested in any bargain or contract made by or Eterested in contracts. on behalf of the Commission or in any wise participates or claims No. 5835 s. 2 to be entitled to participate in the profit thereof or in any benefit 112]. or emolument arising from the same shall thereby vacate his office as a member of the Commission and shall be guilty of a misdemeanour and shall be liable to a penalty of not more than Five hundred pounds or to imprisonment for a term of not more than three years or to both such penalty and imprisonment. 1958. Housing. No. 6275 1.4. (1) The Commission shall meet at such times and places Meetings and as the chairman from time to time appoints: Commission. Provided that a meeting shall be called at any time specified in [ni.583S s'2 a direction by the Minister. (2) At any meeting of the Commission two shall be a quorum. (3) During any vacancy in the office of member of the Commission the continuing members may subject to there being a quorum act as if no vacancy had occurred.

15. (1) At any meeting of the Commission the chairman if Chairman of meetings of present shall preside and in his absence the member appointed Commission. as Deputy Director of Housing shall be chairman of and preside No. 5835 s. 2 at the meeting. [14]. (2) The chairman presiding at any meeting shall in the casting vote. event of an equal division of votes at the meeting have a second or casting vote. (3) The Commission shall cause correct minutes of all its Minutes. meetings to be kept and a copy of all decisions of the Commission to be submitted to the Minister within fourteen days after each meeting. (4) Subject to this Act the Commission may regulate its own Regulation ct proceedings. proceedings.

16. (1) The Commission shall furnish the Minister with Commission such reports documents papers and minutes as may be required by Mmlstef'with 0, Parliament pursuant to any Act or pursuant to any order of either """^j* ,s House of Parliament. co (2). s' (2) The Commission shall also furnish the Minister with all information on all business of the Commission to enable answers to be made to all questions asked in Parliament concerning the administration of this Act or to enable the Minister to furnish any returns required by Parliament or which he may himself require

17. For the proper conduct of his public business the Minister Minister v " r to have shall be entitled at all times- assistance of . , officers &c. (a) to put himself into direct No. 4531 s. 15 member of the Commissiocommunication or any officenr employewith andy (3). in the administration of this Act; (b) to see all documents papers and minutes which he may require either for Parliament or himself and to be supplied with copies thereof; and (c) to avail himself of the services and assistance of any such officer. 18. For the purposes of this Act the Commission shall Poweroi. have and may exercise in respect of the summoning and examining as0tomisslon of witnesses and requiring any witness to produce any relevant NoTsli s. is. 1958. Housing. No. 6275 books or documents in his custody possession or control the same powers as are by the Evidence Act 1958 conferred on a Board appointed by the Governor in Council and the provisions of sections fourteen to sixteen of the said Act with such adaptations as are necessary shall apply: Provided that every summons shall be signed by the secretary to the Commission.

Power to 19. (1) With the consent of the Governor in Council (given Commission to require generally or in any particular case) the Commission may by notice returns &c. concerning in writing require any person or any municipal council to furnish houses. the Commission as soon as practicable with such returns No. 4S31 s. 17; No. 4568 s. 6. information and particulars as appear to the Commission to be necessary to enable the Commission to carry into effect its functions and duties under this Act. Penalty for (2) Any person or council who or which refuses or fails to failure or refusal to comply with such requirements or furnishes to the Commission any furnish information. incorrect return information or particulars shall be liable to a penalty of not more than Twenty pounds. (3) Any forms which are required to be filled in for the purpose of furnishing any returns information or particulars as aforesaid shall be prepared by the Commission and approved by the Governor in Council.

Authority to 20. (1) The Treasurer of Victoria may under the authority Treasurer of Victoria to of this Act issue and apply out of the Loan Fund amounts not issue and (a) apply exceeding in all the sum of Fifteen million pounds. amounts not exceeding £15,000,000 (2) The amounts so issued and applied shall be applied by out of the Loan Fund. the Commission for or towards the purposes of this Act. No. 4531 ss. 18-21; (3 For the purposes of sub-section (1) of this section such No. 4583 s. 13 (2), amounts as have been raised pursuant to any corresponding previous No. 4996 enactment by loan by the State before the commencement of this s.37(l). Act shall be deemed to be included in the sum authorized to be issued and applied out of the Loan Fund pursuant to the said sub-section.

PART II.—PROVISION AND DISPOSAL OF HOUSES. Interpretation. No. 4996 s. 3. 21. (1) In this Part unless inconsistent with the context or No. 5328 subject-matter— ss.6(l),7. " Capital " Capital cost" of a house together with the land on which cost." it is situate means the capital cost of the house and land as ascertained in the manner described in the First Schedule to the Commonwealth and State Housing Agreement, a copy of which is set forth in Fourth Schedule. the Fourth Schedule to this Act. (a) See also Part IV. under which the Commission is authorized to raise loans by the issue of debentures. 1958. Housing. No. 6275 9

" Contract of sale " means a contract for the sale by the " Contract of Commission of a house and land. sale." " Eligible person " means a person who, in the opinion of " Eligible the Commission, is, or was at the time of his first person." becoming the tenant of a house under this Act, by reason of his financial circumstances in need of assistance under this Part. " Land " includes all real estate messuages lands tenements 'Land.' and hereditaments of any tenure and every easement right or privilege in over or affecting any land. (2) In this Part, any reference to this Part or any provision ^e^c^° thereof shall, where the context requires, be deemed to include a reference to the corresponding previous enactment.

DIVISION 1.—ACQUISITION OF LAND AND ERECTION OF HOUSES. Power to 22. (1) For the purposes of this Part the Commission may— Commission to acquire (a) with the consent of the Treasurer of Victoria purchase land and erect houses. &c. or compulsorily acquire any land; No. 4996 s. 4; No. 5184 s. 2. (b) with the consent of the Commissioner of Crown Lands No. 5328 s. 8 (1), and Survey purchase or acquire any Crown land No. 5387 S. 2, No. 5739 (and notwithstanding anything in any Act the 8.2(2), No. 5899 Governor in Council is hereby empowered to grant s.5(l). any such land to the Commission at such price, if any, and on such terms and conditions as the Governor in Council thinks fit); (c) purchase or acquire from a municipality any land (not being land set apart or reserved under the Land Act 1958) vested in the municipality (and notwithstanding anything in any Act the municipality is hereby empowered to sell or give any such land to the Commission); (d) re-plan and re-subdivide any area in which the Commission has purchased or acquired land, and subject to this Division secure the closing of any street or the extinguishment of any easement or restrictive covenant for that purpose; (e) erect houses on or set out and construct as streets or drains in accordance with such standards and specifications as are agreed on by the Commission and the council of the municipality in whose municipal district any such street or drain is situated— (i) any land purchased or acquired as aforesaid or any part thereof; or (ii) any other land acquired by the Commission or any part thereof; 10 1958. Housing. No. 6275

(/) with the consent of the Minister— (i) develop any land for housing and related purposes; (ii) set apart any land for gardens parks open spaces or places of recreation; (iii) erect buildings (additional to houses) which in the opinion of the Commission are necessary or desirable for the development of any area where the Commission is building houses or for the requirements of residents in any such area; (g) maintain repair and generally control and manage any such houses and buildings and the land on which they are situate so long as the same are vested in or subject to any mortgage or security in favour of the Commission; (h) surrender to Her Majesty for the purpose of a garden park open space or place of recreation any land set apart for such purpose pursuant to this sub-section; (i) (without limiting or affecting the power of the Commission to sell houses and land as hereinafter provided) with the consent of the Minister on such terms and conditions and subject to such restrictions exceptions and reservations as the Commission thinks fit sell any land (other than land granted to the Commission by the Crown without consideration or land on which the Commission has erected any house) purchased or acquired by the Commission pursuant to this sub-section or any part thereof whether with or without any buildings thereon (other than houses erected by the Commission)— (i) to Her Majesty in right of the Commonwealth or the State of Victoria, to the Minister of Education and his successors for the time being administering the Education Act 1958 or to any statutory corporation established for any public purpose (including any municipality) or to any person or body who requires the land for charitable or philanthropic purposes or for the advancement of the welfare of the community; or 1958. Housing. No. 6275 11 (ii) by public auction or public tender at not less than the upset price determined by the Commission after considering a report by a sworn valuator or, where the land has been offered at public auction or by public tender and remains unsold, by private treaty on such terms and conditions as the Commission thinks fit; (/) with the consent of the Minister upon such terms and conditions and subject to such restrictions exceptions and reservations as the Commission thinks fit exchange any land of the Commission whether with or without any buildings thereon (other than land granted to the Commission by the Crown without consideration or land on which the Commission has erected any house) for any other land and give or receive consideration for equality of exchange; (k) let or lease any vacant land vested in the Commission or any land with buildings thereon (other than houses erected by the Commission) vested in the Commission for such periods and on such terms as the Commission thinks fit; (/) with the consent of the Governor in Council make a gift of any land vested in the Commission to any municipality; and (m) do all matters and things incidental to any of the abovementioned matters. (2) The Commission may, upon such terms and conditions •and subject to such restrictions exceptions and reservations as the Commission thinks fit, sell any land purchased or acquired by it to any discharged serviceman within the meaning of the Discharged "Servicemen's Preference Act 1943 who satisfies the Commission lhat he intends to erect a house thereon.

(3) For the purposes of this Part the Commission may— p0werto (a) accept any absolute donation gift devise or bequest ^SS^f"1 of real or personal property; or jb"i!2£?s»" (b) with the consent of the Governor in Council accept oft"isAct- any donation gift devise or bequest of real or personal property subject to any trust the objects of which are not substantially different from those for which the Commission is constituted, and carry out and give effect to the objects of any such trust.

(4) Notwithstanding anything to the contrary in the Local PoWerto Government Act 1958 or any other Acts relating to local £^Sh^ees -government, any municipality shall be empowered and shall be °l^q^ deemed always to have been empowered to purchase or c^mmiSon." 12 1958. Housing. No. 6275 compulsorily acquire any land in the manner provided in the Local Government Act 1958 or other Acts relating to local government (as the case may require) in order to give such land to the Commission for the purposes of this Part.

Implied easements in 23. (1) In any case where— substitution for certain (a) by reason of the acquisition of any land by the extinguished easements. Commission or the vesting of any land in the No. 5328 1.12; Commission or the operation of any Order of the No. 5739 s. 11. Governor in Council made pursuant to this Act, it is desirable that an easement of way or of drainage or for the supply of water gas or electricity or for sewerage services or for underground telephone services should be created appurtenant to any land not acquired by or vested in the Commission (which land is hereinafter called the " dominant tenement") whether or not such easement would be in substitution for any express or implied easement which is extinguished; and (b) the Commission certifies that provision exists or will be made for means of way or of drainage or for any such supply or services as aforesaid (as the case requires) on over or under any land vested in the Commission and in respect of which a plan of subdivision is lodged with the Registrar of Titles under section ninety-seven of the Transfer of Land Act 1958— then without any further or other authority than this section an easement of way or of drainage or for such supply or services as aforesaid (as the case requires), so far as is necessary for the reasonable enjoyment of the dominant tenement, shall on and from the deposit of the Commission's certificate with the Registrar of Titles be deemed to exist in favour of and appurtenant to the dominant tenement on over or under the land appropriated or set apart for the appropriate purpose on the said plan of subdivision.

As to (2) Where any dominant tenement referred to in the last description of land. preceding sub-section lies within or abuts on the boundaries of the land subdivided and to which the deposited plan relates, that dominant tenement may be numbered consecutively with the allotments in the said subdivision as though it were included therein and for the purposes of sub-section (4) of section ninety-seven of the Transfer of Land Act 1958 shall be deemed to be an allotment in the said subdivision.

Authority and (3) The Registrar of Titles is hereby authorized and directed Relicsi°anr"f to make all such endorsements or entries upon any Crown grant or n^Ssarymake certificate of title or the duplicate of any Crown grant or certificate entries &c. 1958. Housing. No. 6275 13 of title or upon any plan of subdivision or other instrument or document as may be necessary or expedient by reason of the operation of this section and the holder of any such duplicate grant or certificate or of any such instrument or document, when so required in writing, shall produce the same to the Registrar for that purpose.

24. By virtue of this Part the houses erected under the authority As to bouses erected under of the Public Works Loan Application Act 1935 and the land on No. 4345. which such houses are situate shall for the purposes of this Part be No. 4996 s. 5. vested in the Commission and the Commission may maintain repair and generally control and manage such houses and land and do all matters and things incidental thereto.

25. (1) Where any land granted to the Commission by the Reversion to Crown without consideration pursuant to this division is no longer ?urrpTus0f required by the Commission for the purposes of this Part the Squ^fby m s si 1 Governor in Council may by Order published in the Government ^0 4™|) 6 ° ^. Gazette direct that such land revert to the Crown. NO".' 5328*" ' s. 8 (2). (2) On the publication of such Order— (a) any Crown grant so far as the same relates to such land shall be hereby made void revoked and annulled; (b) such land shall be hereby re-vested in Her Majesty freed and discharged from all trusts limitations reservations and restrictions whatsoever and shall be and may be dealt with as unalienated land of the Crown; and (c) the Registrar of Titles shall be hereby authorized and directed to make all such entries as are necessary or expedient in consequence of such re-vesting upon any Crown grant or duplicate thereof or upon any certificate or duplicate certificate of title and the Commission shall produce any such document to the Registrar of Titles for that purpose.

26. (1) If the Commission is of the opinion that for the As to closing of streets and effective planning or subdivision or re-planning or re-subdivision extinguish­ ment of of any area in which the Commission has purchased or otherwise easements and restrictive acquired land for the purposes of this Part it is expedient that any covenants in relation to street or any part of a street should be closed or that any easement lands or restrictive covenant should be extinguished the Commission purchased or acquired by may, subject to sub-section (2) of this section, recommend to the Commission. Governor in Council that such street or part thereof be closed or No. 4996 s. 7. that such easement or restrictive covenant be extinguished, and the Governor in Council may subject to the said sub-section by Order close such street or part thereof or extinguish such easement or restrictive covenant. 14 1958. Housing. No. 6275 (2) The provisions of sections seventy-one seventy-two and seventy-three of this Act shall apply to and with respect to any such recommendation and Order in all respects as they apply to and with respect to recommendations and Orders made under those sections in relation to reclamation areas.

As to 27. (1) In the erection of any house the Commission shall building regulations. comply with the provisions of the regulations made under section No. 4996 s. 8. sixty-five of this Act and with the provisions of the regulations made under the Local Government Act 1958 so far as such regulations directly impose standards of construction but need not comply with the provisions of any by-law of the municipality in the municipal district of which such house is situate. Regulations (2) The Governor in Council may make regulations for or for management with respect to the management use control regulation and Ac. of houses. inspection of houses buildings and land maintained by the Commission.

Maximum 28. The total cost to the Commission of any house erected cost of houses pursuant to this Part, exclusive of the cost of the land upon which erected by Commission. it is situated and of the cost of construction of roads and drains No. 4996 s. 9; and the provision of other similar services for the benefit of the No. 5328 s.6(2). land, shall not exceed the maximum amount for the time being No. 5739 s. 10(1). prescribed in that behalf by Order of the Governor in Council published in the Government Gazette and applicable to such house, and the Governor in Council may so prescribe different maximum amounts in respect of different classes of houses according to size materials used in construction and methods of construction.

Purposes for 29. Any house vested in the Commission together with the which houses may be used. land on which it is situate may subject to this Part be let or leased No. 4996 s. 10; in accordance with the provisions of Division 2 or sold in No. 5328 s. 6 (3). accordance with the provisions of Division 3 of this Part: Provided that the Governor in Council may from time to time determine a maximum value in respect of any house and land which may be so let or leased at any rent less than the full economic rental as hereinafter determined.

Certain lands 30. (1) The lands described in the Second Schedule to this to be vested in the Act not already vested in the Commission are hereby vested in the Commission. No. 6036 s. 2. Commission for an estate in fee simple freed and discharged from Second all encumbrances. Schedule. Validation of (2) All land acquired by the Commission pursuant to the certain General Notices to Treat recited in the Preamble to the Housing acquisition. (Land) Act 1956 is declared to have been validly acquired by the Commission. Compensation. (3) Any person claiming an interest in the land vested in the Commission by this section shall be entitled to compensation in the same manner and to the same extent as if the land had been compulsorily acquired by the Commission pursuant to this Act. 1958. Housing. No. 6275 15

(4) Where any land vested in the Commission by this section ^n'ain&'s8 is not under the operation of the Transfer of Land Act 1958 such "°*J^ of land shall by the operation of this section be brought under the %?£$'{% operation of the said Transfer of Land Act 1958 and the Registrar of Titles and the Registrar-General are hereby authorized to make all such memorials records entries and amendments as are necessary or expedient in consequence of this sub-section.

DIVISION 2.—LETTING OR LEASING OF HOUSES.

31. (1) The Commission may on such terms and for such Power to Commission periods and subject to such covenants and conditions as are to let or lease houses to prescribed let or lease to any eligible person any house vested in it eligible together with the land on which it is situate. persons. No. 4996 a. 11; No. 5328 (2) In exercising the power conferred by the last preceding s.6(3). sub-section the Commission shall have regard with respect to any Matters to be eligible person who is an applicant for the letting or leasing of a considered. house and land— (a) to the existing housing accommodation of such person; to the number of children of such person who are living with him; (c) to whether such person is or has been a member of the naval military or air forces of the Queen or the Commonwealth or the merchant navy or any of the women's services or bodies auxiliary to those forces or is the wife or widow of a member of any of those forces or of the merchant navy; and (d) to such other matters as the Governor in Council directs. (3) The Commission shall, in letting or leasing any house and p£*5™"ce£ land the value of which does not exceed the maximum value reclamation (if any) determined pursuant to the proviso to section twenty-nine respect of of this Act, give preference to persons of good character who are houses. displaced from houses in the execution of Part III. of this Act or are occupying insanitary or overcrowded houses or are living under unsatisfactory housing conditions.

32. CI) The Governor in Council may make regulations for Deter- or with respect to determining the amount of rent which shall be Sn°LUonof paid by tenants under this Division. No. 4996 s. 12; (2) The rent so determined shall so far as practicable be the »6M>.9. full economic rental of the house and land as calculated in the prescribed manner on the capital cost thereof, but, except in the case of any house and land the value of which exceeds the maximum value (if any) determined pursuant to the proviso to section twenty-nine of this Act, the regulations may provide for rebates in such circumstances and subject to such conditions as are prescribed. 16 1958. Housing. No. 6275 (3) The Commission may with the consent of the Treasurer write off such amounts of outstanding rent as from time to time are proved to the satisfaction of the Commission to be irrecoverable.

Power to 33. (1) Any tenant of a house and land under this Division tenants to pay sums above who has applied to the Commission to purchase the house and land rent in anticipation may with the consent of the Commission pay to the Commission at of purchase. the due times for payment of his rent or at such other intervals as No. 5328 s. 10; No. S899 s. 6. may be arranged any sum over and above the rent payable by him. Sums paid to (2) Any sum so paid shall be credited in the books of the be credited in books of Commission to the account of the said tenant and shall bear Commission. interest at such rate per centum per annum as is fixed from time to time by the Governor in Council (not being less than the rate for the time being payable on deposits in the State Savings Bank of Victoria) from the time of payment by him until the time of the crediting thereof to him as hereinafter provided. Repayment of (3) Any tenant to whose credit any sum so stands in the books sums paid by tenants in of the Commission shall be entitled if he ceases to be the tenant of certain cases. the house and land without becoming the purchaser thereof to have such sum with interest thereon at the rate for the time being payable on deposits in the State Savings Bank of Victoria repaid to him, and the Commission may repay the whole or any part of any such sum together with interest at the said rate to any such tenant at any time. Application (4) The Commission may at its discretion apply any part of of sum credited to the sum standing to the credit of any tenant as aforesaid to meet meet arrears of rent. any payment of rent which is not made on the due date therefor. Tenant who (5) When a tenant of any house and land under this Division becomes purchaser to becomes a purchaser thereof under Division three of this Part either be entitled to certain credits. alone or jointly with his spouse he shall be entitled to be credited with the aggregate amount of— (a) the sum (if any) standing to his credit in the books of the Commission as aforesaid together with the interest accrued thereon pursuant to sub-section (2) of this section; and (b) (if he has been paying the full economic rent in respect thereof) such part of the full economic rent duly paid by him as represents the amortisation allowance in respect of the house and land, less— (i) any rebates formerly allowed to the tenant in respect of the rent of the same house and land; or (ii) such part of the amount of those rebates as the Commission with the consent of the Minister determines— by the reduction of the purchase price of the house and land by that aggregate amount as aforesaid. 1958. Housing. No. 6275 17 (6) Where the spouse of a tenant of any house and land under this Division becomes a purchaser thereof under Division three of this Part he shall be entitled to be credited with the same allowances under paragraph (b) of the last preceding sub-section as the tenant would have been if he had purchased the said house and land.

DIVISION 3. SALE OF HOUSES. 34. (1) Subject to this Division the Commission may sell to Powerto any eligible person any house situate on land vested in the to sell bouses to eligible Commission in fee simple absolute together with the land on which persons. No. 4996 s. !3; it is situate: No. 5835 s. 5. Provided that where an eligible person to whom the Matters to be Commission is agreeable that any such house and land may be sold considered. is also an eligible person under the Commonwealth Act known as the War Services Homes Act 1918-1956 or any amendment thereof the Commission may arrange with the Director of War Service Homes under that Act to sell such house and land to the Director. (2) In exercising the power conferred by the last preceding sub-section the Commission shall have regard with respect to any eligible person who is an applicant for purchase of a house and land— (a) to the existing housing accommodation of such person and whether such person is of good character and has been or is to be displaced from his house in the execution of Part III. of this Act; to the number of children of such person who are living with him; (c) to whether such person is or has been a member of the naval military or air forces of the Queen or the Commonwealth or the merchant navy or any of the women's services or bodies auxiliary to those forces or is the wife or widow of a member of any of those forces or of the merchant navy; and (d) to such other matters as the Governor in Council directs. 35. (1) The sale of any house and land as aforesaid shall be Terms and upon such terms and subject to such covenants and conditions and sale. No. 4996 s. 14; the payment of such cash deposit (if any) as are prescribed. No. 5328 (2) The purchase price shall be determined by thme& sNo--6(.589-5.).9. Commission after causing the house together with the land on s.s'(2>. which it is situate to be valued as provided in Division four of this m?nltionof Part or after considering such other evidence in the possession of griSJ?"88 the Commission of the value of the house and land which is in the opinion of the Commission adequate to enable it to determine the purchase price: Provided that in determining such price no value shall be placed upon any buildings or improvements erected or made by the purchaser or his spouse. 18 1958. Housing. No. 6275

Rental. (3) The purchaser shall be permitted to occupy the house and land as a weekly tenant and shall pay therefor a rental at the rate fixed by the contract of sale. Payment of (4) The purchaser shall pay all rates and taxes on and the rates, taxes cost of insurance repairs and maintenance of the house and land: Provided that the regulations may require provision to meet these expenses to be made by way of an addition to the rental.

Allocation of rental to 36. (1) The Commission shall appropriate a sum from the interest and purchase rental to cover interest at such rate per centum per annum as is price. prescribed on the amount of purchase price from time to time No. 4996 s. 15; No. 5835 s. 6. outstanding and shall allot the remainder of the rental (not including any additions to the rental provided for in sub-section (4) of the last preceding section) towards the payment of the purchase price. As to transfer (2) At any time after the purchaser— of house and land to purchaser (a) has paid in reduction of the purchase price a sum subject to mortgage. amounting to not less than Twenty per centum thereof; (6) has paid to the Commission the amount due by him up to that time by way of instalments of rental; and (c) has complied to the satisfaction of the Commission with the covenants and conditions contained in the contract of sale— he may if he so desires upon giving to the Commission the prescribed notice in writing of his intention so to do execute in favour of the Commission a mortgage in the prescribed form for the balance of the purchase price and he shall be entitled to obtain from the Commission a transfer of the land in accordance with the terms and conditions contained in the contract of sale; but except as in this sub-section provided he shall not be entitled to obtain from the Commission a transfer of the land unless and until he has paid the full amount of the purchase price and has complied to the satisfaction of the Commission with the covenants and conditions contained in the contract of sale. (3) The costs and expenses of any transfer mortgage or release executed in pursuance of this Part shall be borne by the purchaser.

Payments of 37. Payments of rental in respect of any house and land rental and maximum shall be made to the Commission in equal weekly fortnightly term of contract. monthly or quarterly instalments in accordance with the contract No. 4996 s. 16; No. 5328 of sale or mortgage entered into with respect to the house and s.6(6), No. 5835 land but so that the period over which such instalments are s.7(l). payable shall not exceed forty-five years. 1958. • Housing. No. 6275 19

38. (1) The Commission shall prepare tables showing how Tj*jes much of each and every payment of rental is a payment on account instXlnts of purchase price and how much thereof is for interest, allocation of interest and purchase ice (2) Every such table shall also show what balance of purchase prNo. 499- 6 s. 17. price is owing by the borrower at each payment of rental. (3) A table prepared in conformity with the foregoing sub-sections of this section and showing the rates of payment as on a purchase price of One hundred pounds and compiled at the rates provided for under this Division shall be furnished to each applicant for purchase of a house and land at his request.

39. (1) Any purchaser who is not in arrear with any payment Payment of of rental may on any date fixed for the payment by him of any Ztb&°n<^S c h instalment of rental pay off the whole or any portion (being Five pric e o1ring pounds or a multiple of Five pounds) of the balance of purchase maturity, price then owing by paying to the Commission such balance (as NO.4996s. is. fixed by the said tables) or such portion thereof as aforesaid. (2) Where portion only of such balance is so paid such payment shall not affect the payments of rental or the obligation of the purchaser in respect thereof and the Commission shall place the amount from time to time so paid to the credit of the purchaser in its books and shall credit the purchaser with interest on the amount so paid by him at the same rate per centum per annum and calculated in the same manner as that which is payable by him on the balance of purchase price. When the moneys standing to the credit of such purchaser for money so paid and interest thereon amount to a sum sufficient to pay the balance of purchase price according to the said tables, the Commission shall apply such moneys for such purpose and release the purchaser and (where the case requires) the land mortgaged from all claims and demands.

(3) The Commission may at its discretion apply any portion of any moneys standing to the credit of any purchaser as aforesaid to meet any payment of rental which is not made on the due date therefor.

40. (1) In cases of hardship the Commission may extend Provision for for such period on such terms and conditions as it thinks fit the haMshfp. time for making any payment required by this Division. NO. 4996 s. 19. (2) Where the time for making any payment has been so extended the payment shall bear interest for the time so extended at the same rate per centum per annum as that which is payable on the purchase price. 20 1958. Housing. No. 6275 Restriction 41. (1) As between the Commission and the purchaser mortgaging (whether original or by transfer) of any house and land forming No. 4996 R. 20; ^e subject of a contract of sale mortgage or other security, the No! 5835 s! 8,' following conditions shall be imposed so long as any money due s.s"(3). (4). to the Commission under the contract of sale mortgage or other security remains unpaid, namely:— (a) The house and land or any part thereof shall not be sold or contracted to be sold mortgaged transferred assigned let or sub-let by the purchaser without the consent in writing of the Commission, bin the Commission shall not unreasonably withhold such consent in the case of a proposed purchaser transferee or tenant who is an eligible person; (b) Every sale contract of sale mortgage transfer assignment lease or sub-lease entered into or made in contravention of the provisions of this sub-section shall be void and of no effect; (c) If the purchaser sells or contracts to sell mortgages transfers assigns lets or sub-lets the house and land or any part thereof in contravention of the provisions of this sub-section the Commission may cancel the contract of sale and in its discretion forfeit the deposit and instalments or any part thereof formerly paid by the purchaser or (as the case requires) cause the estate or interest of the purchaser in the house and land to be sold whether to an eligible person or otherwise. (2) (a) As between the Commission and the original purchaser of any house and land from the Commission who obtains from the Commission a transfer of the land pursuant to this Division and no money remains due by the purchaser to the Commission the following conditions shall be imposed namely:— (i) The house and land or any part thereof shall not, within five years after the purchaser entered into a contract of sale to purchase such house and land, be sold transferred or let or contracted to be sold transferred or let by the purchaser without the consent in writing of the Commission but the Commission shall not unreasonably withhold such consent in the case of a proposed purchaser transferee or tenant who is an eligible person; (ii) Every sale contract of sale transfer or lease entered into or made in contravention of the provisions of this sub-section shall be void and of no effect. (b) Nothing in this sub-section shall apply to any house and land sold by the Commission pursuant to this Division to the Director of War Service Homes. 1958. Housing. No. 6275 21 (3) Notwithstanding anything in this Act, where the sale after Commission is entitled to re-sell any land which has been sold ^ossess under this Division the Commission may sell such land by public auction or, where the land has been offered at public auction and remains unsold, by private treaty on such terms and conditions as the Commission thinks fit to any person whether an eligible person or not.

42. Notwithstanding anything in this Act the Housing Up**,'10 Commission is hereby authorized to sell by immediate sale in fee Commission simple any land vested in the said Commission and upon which to* ei'dbfe*6" a dwelling-house is situated to any member of a co-operative ££ope1Sire housing society who is an eligible person within the meaning of societies. this Act and who pays the purchase price thereof in whole or NO. 5357 s. 9. in part out of an advance made by that society pursuant to the Co-operative Housing Societies Act 1958.

43. The Governor in Council may make regulations for or Regulations, with respect to any matter authorized or required to be prescribed NOISMS!'.^ or necessary or expedient to be prescribed for the purposes of J^-^ this Part. Without affecting the generality of the foregoing provisions of this section the Governor in Council may make regulations for or with respect to— (a) prescribing terms upon which the Commission may agree with a purchaser or mortgagor to forgo the payment of the whole or any part of the balance of the purchase or mortgage money (but not including any instalments in arrears) that may be owing on the death of the purchaser; (b) prescribing the amount of any charge that may be required by the Commission in respect of any such agreement to forgo the balance of the purchase or mortgage money owing on the death of any purchaser or mortgagor or class or classes of purchasers or mortgagors; (c) the operation of any house purchasers' death benefit scheme operated by the Commission.

DIVISION 4.—ADVANCES FOR HOUSING PURPOSES. 44. (1) In order to assist any eligible person— commisstoii (a) to erect a house on land owned by him; advances to v ' J eligible (b) to purchase land and erect thereon a house; e>rect°iSnforr (c) to purchase a newly-erected house or a house in course EcS&c?' of erection and the land on which it « erected or No. 4996 s. 22. is being erected; or 1958. Housing. No. 6275 (d) to enlarge or improve a house on land owned by him— the Commission may make advances either by instalments or otherwise upon the security of the land on which the house is erected or will be erected with the aid of such advances.

Matters to be (2) In exercising the power conferred by the last preceding considered. sub-section the Commission shall have regard with respect to any eligible person who is an applicant for any advance— (a) to the existing housing accommodation of such person; (b) to the number of children of such person who are living with him; (c) to whether such person is or has been a member of the naval military or air forces of the Queen or the Commonwealth or the merchant navy or any of the women's services or bodies auxiliary to those forces or is the wife or widow of a member of any of those forces or of the merchant navy; and (d) to such other matters as the Governor in Council directs.

Advances to be applied to 45. No person shall apply any portion of any advance made authorized purposes only. under the last preceding section for any purpose other than that No. 4996 s. 23. in respect of which such advance was made and if any person is guilty of a contravention of this section the Commission may cause his estate or interest in the land to be sold.

Proportion of 46. The amount of any advance so made on any such land advances to actual value shall not exceed ninety per centum of the actual value (as of land and house and determined by valuation pursuant to this Division) of the land maximum amount of and the house situate or in course of erection thereon at the time advances. of the advance and the total amount of advances made to any No. 4996 s. 24; No. 5328 eligible person shall not in any case exceed the maximum amount s. 6 (7), No. 5739 for the time being prescribed in that behalf by Order of the s. 10 (2). Governor in Council published in the Government Gazette and applicable to such house, and the Governor in Council may so prescribe different maximum amounts in respect of different classes of houses according to size materials used in construction and methods of construction.

Repayment 47. (1) The repayment of every advance together with all to be secured by instrument interest and other moneys incidental to such advance or properly or deed of mortgage. chargeable against the borrower in respect thereof shall be secured No. 4996 s. 25. when the land is under the Transfer of Land Act 1958 by an instrument of mortgage duly registered under that Act and when the land is under the general law by a deed of mortgage or further charge duly registered in the office of the Registrar-General. 1958. Housing. No. 6275 23

(2) Such instrument or deed shall be expressed to be made Form of mortgage. between the registered proprietor or owner of the land and the Commission and shall be in such form and shall contain such powers covenants provisions conditions and clauses as are prescribed. (3) No such advance shall be made by the Commission upon Mortgage to be first the security of any mortgage other than a first mortgage over all mortgage. the premises comprised therein except where the Commission already holds a first mortgage under this Division over the said premises in which case it shall be at liberty to make a further advance upon the security of a further charge upon the said premises.

(4) No advance shall be actually paid to the person applying Advances only to be therefor until the Commission is satisfied with and has accepted made upon satisfactory the title of such applicant to the premises comprised in the title and acceptance of security tendered and has accepted from him by way of security mortgage. for such advance an instrument or deed of mortgage or further charge as aforesaid. (5) The costs and expenses of any mortgage further charge or release executed in pursuance of this Division shall be borne by the borrower. (6) Any first mortgage as well as providing for the securing First mortgage may provide and repayment of any sum advanced on such first mortgage may for securing further also provide for the securing and repayment of further advances advances. on any of the terms authorized by this Division in respect of advances or further advances.

48. (1) The instrument or deed of mortgage shall provide Repayment of advances by for the repayment of any advance or advances by quarterly or equal instalments half-yearly instalments each of which, with the exception of the comprising interest and last instalment, shall be of equal amount and each of which shall principal. comprise interest on the principal amount then outstanding at such No. 4996 s. 26; No. 5328 rate per centum per annum as is prescribed and a sum in reduction s. 6(8), No. 5835 of the principal liability. s.7(2). (2) The period for the repayment of the advances shall not in Maximum period for any case exceed forty-five years. repayment of advances. 49. (1) The Commission shall prepare tables showing how Tables much of each and every periodic payment is a repayment on inftaiments of a e n account of principal money and how much thereof is for interest. andaiT0 c aSon (2) Every such table shall also show what balance of andnprTncipai. principal money is owing by the borrower at each periodic No. 4996 s. 27. payment. (3) A table prepared in conformity with the foregoing sub-sections of this section and showing the rates of repayment for an advance of One hundred pounds and compiled at the rates provided for under this Division shall be furnished to each applicant for an advance at his request. 24 1958. Housing. No. 6275

Payment of whole or part 50. (1) Any borrower who is not in arrear with any periodic of balance payment may on any date fixed for the payment by him of interest owing before maturity. pay off the whole or any portion (being Five pounds or a multiple No. 4996 s. 28. of Five pounds) of the advance made to him by paying to the Commission the balance of principal money owing by him (as fixed by the said tables) or such portion thereof as aforesaid. (2) Where portion only of such advance is so repaid such payment shall not affect the periodic payment or the obligation of the borrower in respect thereof and the Commission shall place the amount from time to time so repaid to the credit of the borrower in its books and shall credit the borrower with interest on the amount so repaid by him at the same rate per centum per annum and calculated in the same manner as that which is payable by him on the outstanding principal amount. When the moneys standing to the credit of such borrower for money so repaid and interest thereon amount to a sum sufficient to repay the balance of the advance then unpaid according to the said tables, the Commission shall apply such moneys for such purpose and release the borrower and the land mortgaged from all claims and demands in respect of such advance. (3) The Commission may at its discretion apply any portion of any moneys standing to the credit of any borrower as aforesaid to meet any periodic payment which is not made on the date therefor.

Provision for 51. (1) In cases of hardship the Commission may extend cases of hardship. for such period on such terms and conditions as it thinks fit the No. 4996 s. 29. time for making any payment required by this Division. (2) Where the time for making any payment has been so extended the payment shall bear interest for the time so extended at the same rate per centum per annum as that which is payable on the advances.

Restriction 52. As between the Commission and the owner for the time on sale, mortgaging being of any land on which the Commission has made an advance &C. the following conditions shall be imposed so long as such land is No. 4996 8.30. subject to any mortgage in favour of the Commission, namely:— (a) The land or any part thereof shall not be sold or contracted to be sold mortgaged transferred assigned let or sub-let by the owner without the consent in writing of the Commission, but the Commission shall not unreasonably withhold such consent in the case of a proposed purchaser transferee or tenant who is an eligible person; (b) Every sale contract of sale mortgage transfer assignment lease or sub-lease entered into or made in contravention of the provisions of this section shall be void and of no effect; 1958. Housing. No. 6275 25

(c) If the owner sells or contracts to sell mortgages transfers assigns lets or sub-lets such land or any part thereof in contravention of the foregoing provisions of this section the Commission may cause his estate and interest in the land to be sold. 53. (1) Every valuation for the purposes of this Division or valuations to Division three of this Part shall be made by a sworn valuator sworn appointed under section seven of the Transfer of Land Act 1958 or JJJj]1^^,. any corresponding previous enactment and approved as a valuator **<%$** for the purposes of this Division by the Minister (whether generally or in respect of any particular valuation). (2) Any such sworn valuator employed by the Commission shall not by reason only of such employment be subject to the provisions of the Public Service Act 1958. (3) Every sworn valuator's report on any property shall be verified in the prescribed manner and shall set forth full particulars with respect to the property and the manner in which the valuation is arrived at and such further particulars as are prescribed. (4) If the Commission is not satisfied with the accuracy of f^^0"'0' any valuation or of any of the particulars set forth in the sworn valuation, valuator's report, the Commission shall cause a further valuation or (where the case so requires) further valuations to be made and, where two or more valuations have been so made in respect of any property offered as a security for an advance under this Division, the lower or lowest of such valuations shall be deemed the valuation for the purposes of this Division. (5) No sworn valuator shall value any property offered as a security for an advance in which such valuator or the wife or husband or any relation by blood or marriage of such valuator is directly or indirectly interested. (6) Any sworn valuator who knowingly and wilfully— (a) contravenes the provisions of the last preceding sub-section; or (b) makes any false and fraudulent valuation— shall, without prejudice to proceedings for any other offence for which he may be liable, be guilty of an offence against this Part and liable to a penalty of not more than Two hundred pounds. 54. The Governor in Council may make regulations for or Regulations, with respect to any matter authorized or required to be prescribed No-4996s-32- or necessary or expedient to be prescribed for the purposes of this Division. PART HI.—IMPROVEMENT IN HOUSING CONDITIONS AND SLUM RECLAMATION. 55. In this Part unless inconsistent with the context or interpretation, subject-matter:— &: 5739 til " Authorized " means authorized whether generally or in "Authorized." any particular case. 26 1958. Housing. No. 6275

' Cellar.' ' Cellar " includes any room being part of a house if the floor of such room is more than three feet below the lowest part of the surface of the land adjoining or nearest to such room. ' Council.' ' Council" means council of a municipality. 1 ' House." House " means any building (including any tent edifice structure or erection whether temporary or permanent) or any part thereof which or any part of which is or at any time has been used or is intended to be used as a dwelling, and includes outbuildings fences walls provision for lighting heating water supply drainage and sewerage and other appurtenances of a house. " Muni­ cipality." ' Municipality " includes the city of Melbourne and the city of Geelong. " Owner." ' Owner " means the person for the time being entitled to receive the rent of the land or premises in connexion with which the word is used (whether on his own account or as the agent of or as trustee for any other person) or who would be entitled to receive the same if the land or premises were let at a rent. " Prescribed." ' Prescribed " means prescribed by or under this Part. " Proper officer." ' Proper officer" means any officer of the Commission authorized by the Commission in respect of or whose duty it is to deal with or to act in regard to any acts matters or things in connexion with which the expression is used. ; "Reclamation Reclamation area " means reclamation area constituted area." under this Act. " Registered Registered mortgagee" means mortgagee under a mortgagee." mortgage registered in or in respect of which a caveat is lodged in the office of the Registrar of Titles or in the office of the Registrar-General and includes holder of a lien or encumbrance on a residence area under the Land Act 1958 where such lien or encumbrance is registered by a Land Officer of the Department of Lands and Survey. •Regulajion.' Regulation " means regulation made under this Part. " Street." Street" includes any street road lane footway square court alley or right-of-way whether a thoroughfare or not. " Unfit for Unfit for human habitation" when used in connexion human habitation." with a house means house which— (a) has been declared under this Part by the Commission to be unfit for human habitation; and (b) has not subsequently been certified by the Commission to be fit for human habitation. 1958. Housing. No. 6275 27

DIVISION 1. IMPROVEMENT OF HOUSING CONDITIONS. Power to declare houses below Houses Unfit for Human Habitation or in a State of Disrepair. prescribed standard unfit for human 56. (1) Where the Commission after making due inquiries habitation. and obtaining all necessary reports is satisfied that any house or No. 4S68 s. 8; No. 4996 the land on which any house is situate does not comply with the 8.39(a). No. 5328 s. 3. regulations made under this section the Commission may declare No. 5739 s. 6. No. 5835 s. 3, the house to be— No. 6090 s. 2 (a) unfit for human habitation; or $:8J: (6) in a state of disrepair. (2) Where the Commission so declares any house to be unfit ^jy^^ for human habitation or in a state of disrepair the Commission- notices Ac (a) shall serve on the owner a copy of the declaration together with a statement in writing setting out the particulars in respect of which the house or the land on which it is situated fails to comply with the regulations under this section, and in writing direct him within the specified time or times (being not less than fourteen days and not more than five years after the service of the declaration)— (i) to make the house or land comply with the said regulations; or (ii) (if the Commission is of the opinion that it is impracticable to make the house comply with the said regulations) to demolish the house forthwith or (subject to the immediate carrying out of such works as the Commission directs) within such period not exceeding five years as the Commission directs— and, without affecting the generality of the foregoing, the direction may specify different times for compliance in respect of different particulars set out in the direction; (b) shall serve a copy of such declaration statement and direction on the occupier (if any) of such house and on every registered mortgagee of the land on which such house is situate; and (c) (in any case in which the house has been declared unfit for human habitation) may serve a notice in writing (by serving a copy thereof on the occupier if any and a copy thereof on the owner of such house and affixing a copy thereof to such house) requiring as on and from a specified date being a date not less than fourteen days after the service of such notice— (i) such house to be and to remain unoccupied; or 1958. Housing. No. 6275 (ii) the occupier of such house to vacate such house— unless (in any case where the Commission has required such house or land to be made to comply with such regulations in whole or in part) such house or land is to the satisfaction of the Commission made to comply with such regulations in whole or as to such part before the expiration of such specified period. Penalty on (3) Every person who after the expiration of the period occupier (or disobeying specified in any notice served pursuant to paragraph (c) of the notice. last preceding sub-section inhabits or occupies the house to which such notice relates or permits or suffers any person to inhabit or occupy such house unless the Commission has first certified in writing that such house or the land on which such house is situate has been made to comply with the regulations under this section shall be guilty of an offence against this Part.

Offence of (4) Every owner who fails to comply with any of the non­ compliance requirements of any direction under this section within the time with direction. specified for compliance therewith shall be guilty of an offence against this Part: Provided that it shall be a good defence to a prosecution under this sub-section if the owner proves that although unable to comply with any requirement of the direction within the time specified therefor he had made every reasonable endeavour to do so. Alteration or demolition ot (5) If any owner fails to comply with any of the requirements house by of any direction under this section within the time specified for Commission. compliance therewith in the direction, the Commission— (a) (i) may do all or any of the acts or things which the Commission considers necessary to make the house and land comply with the regulations under this section or to give effect to any direction of the Commission under this section and notwithstanding that the direction had not required some or any of those acts or things to be done; or (ii) (where the case so requires) may demolish the house; (b) may recover from the owner any expenses thereby incurred by the Commission; (c) may sell or dispose of any material taken from such house by the Commission, but shall if necessary first cause all such material to be cleansed or disinfected; (d) shall apply the proceeds of any such sale for or towards the expenses of the Commission aforesaid and pay the surplus (if any) to the owner. 1958. Housing. No. 6275 29

(6) (a) Any owner of a house or registered mortgagee of Appeals, the land on which a house is situate who feels aggrieved by any declaration of the Commission that such house is unfit for human habitation or in a state of disrepair may within fourteen days after a copy of such declaration has been served on him appeal therefrom to a court of petty sessions consisting of a stipendiary magistrate sitting without any other justice or justices.

(b) Such court shall entertain and inquire into the appeal and may either allow or dismiss the appeal and for that purpose may do all such matters and things relating thereto and in the same manner and to the same extent as it is empowered to do in the exercise of its ordinary jurisdiction, and the decision of the court shall be final and conclusive.

(c) While any such appeal is pending the provisions of the last three preceding sub-sections shall be suspended with respect to such house and the land on which it is situate. (d) When any such appeal is allowed the declaration of the Commission that such house is unfit for human habitation or in a state of disrepair and any notice or direction served in connexion with such declaration shall be deemed to be and to have been void and of no effect.

(7) For the purpose of prescribing standards on Regulations non-compliance with which any house may be declared to be SdarSsof unfit for human habitation or in a state of disrepair the Governor humanfor in Council may make regulations for or with respect to— houses.ion °' (a) the drainage sanitation ventilation lighting cleanliness and repair of houses and of the land on which houses are situate; (b) the construction condition and situation of houses; (c) the dimensions cubical content and height of rooms of houses (including cellars basements and attic rooms); (d) the protection of houses from damp; (e) the provision in houses of adequate water supply, bathing laundry cooking and food storage facilities and sanitary conveniences; (/) the freedom of houses from infestation by vermin and rats; and (g) generally, prescribing standards of sanitation and hygiene for houses. VOL. IV.—2 30 1958. Housing. No. 6275

Owners of (8) (a) The owner of any house, which has been declared to houses declared to be unfit for human habitation or in a state of disrepair and which has be unfit for human not subsequently been certified by the Commission to be fit for habitation or in a state of habitation or to comply with the regulations, shall not either by disrepair to disclose such himself or by his agent without first notifying in writing the purchaser declaration to purchaser. of such declaration sell or enter into any contract to sell the land on which such house is erected. (b) If such an owner enters into a contract to sell in contravention of the foregoing provisions of this section he shall be deemed to have wilfully concealed a defect in his title and the purchaser under the contract shall at any time before he has executed a transfer or conveyance of the land to himself be entitled to rescission of the contract and repayment of any sum he has paid to the owner or to any person on behalf of the owner under the contract or (in the case where the purchaser has executed the transfer or conveyance to himself) the purchaser shall be entitled to recover damages from the owner for any loss suffered as the result of such wilful concealment of such defect in the title. (9) (a) The Commission shall within three months of the coming into operation of this section or within three months of the making of any declaration under this section lodge with the Registrar-General or the Registrar of Titles (as the case may be) a copy of such declaration. (b) The Commission shall within one month of any declaration ceasing to operate in respect of any land lodge with the Registrar-General or Registrar of Titles a notice in writing that such declaration has so ceased to operate. (c) On receipt of such a copy declaration or notice that a declaration has ceased to operate the Registrar-General or Registrar of Titles (as the case may be) shall make such entries as he thinks necessary or expedient for the purpose of bringing such copy declaration or notice to the notice of persons who search the title of the land to which such declaration relates. The Registrar-General or Registrar of Titles may require such evidence of the identity of any land affected by a declaration or notice lodged under this sub-section as he thinks fit.

Advances to 57. (1) Where the Commission has under the last preceding certain owners section directed the owner of any house to make such house or required by the the land on which it is situate comply with the regulations under Commission to recondition that section the Commission may at the request of such owner houses unfit for human make an advance to such owner for such purpose. habitation. No. 4563 s. 9; No. 4583 (2) Every such advance shall be by way of loan upon such s. 13 (3). conditions and bearing interest at such rate as the Commission with the consent of the Treasurer of Victoria determines. 1958. Housing. No. 6275 31 (3) No such advance shall be made to any owner unless the Commission is satisfied that unless such advance is made such owner would not be able without suffering undue hardship to provide the money necessary to make such house or land comply with the regulations as aforesaid.

58. (1) Every such advance with interest thereon at the rate Advance and determined as aforesaid by the Commission and any expenses expenses a recoverable by the Commission under sub-section (5) of section on land. B fifty-six of this Act with interest thereon at the rate of Five per No. 4568 s. io; centum per annum shall be as from such date as the Commission s.2(e). determines and until paid to the Commission shall remain a first charge on the land in respect of which or on which is situate the house in respect of which such advance was made or such expenses were incurred. e s ation (2) When any land is so charged the Commission shall cause *f §h £ to be deposited with the Registrar-General or the Registrar of ar8e" Titles (as the case may be) a certificate under the seal of the Commission describing the land charged and stating the amount of such charge, and the Registrar-General or Registrar of Titles (as the case may be) shall on payment of a fee of One pound register such certificate accordingly; and when the amount of the advance or expenses together with interest thereon is paid the Registrar-General or the Registrar of Titles (as the case may be) shall cancel the registration of the charge on payment of a fee of One pound and on a request in that behalf by the Commission. (3) Notwithstanding anything in this Division or in any Powerw certificate under this Division the Commission may— to require further (a) require the owner of the house to give to the ^"«and Commission any security which the Commission moneys owins thinks proper for the repayment to the Commission of any advance or instalment thereof or the payment of interest thereon; and (b) recover any such advance instalment or interest or any expenses incurred by the Commission under sub-section (5) of section fifty-six of this Act as a debt due to the Commission. 59. (1) Where under this Division any moneys are payable Recovery of to the Commission by the owner of any house and the Commission "wtajfoy is satisfied that the owner is not making satisfactory arrangements attachment of for the payment of such moneys the Commission may by notice bTocpcupaiere in writing served on the occupier of such house require such No. 4568 s. n. occupier to pay to the Commission until the amount of moneys payable to the Commission by the owner as aforesaid is satisfied any moneys payable by such occupier by way of rent to such owner or to some other person to pay to such owner. 32 1958. Housing. No. 6275

Penalty. (2) Any occupier who having the means to comply with any notice under this section fails to do so shall be liable to a penalty of not more than Twenty pounds. Indemnity. (3) Any occupier making any payment in pursuance of this section shall be deemed to have been acting under the authority of the owner and of all other persons concerned and is hereby indemnified in respect of such payment and such payment shall be credited against the amount payable as aforesaid by such owner.

Payment by owner before (4) If the Commission receives otherwise than from such payment by occupier any payment in respect of the amount payable as aforesaid occupier. by such owner it shall forthwith give notice thereof to such occupier.

Construction. (5) This section shall be read and construed as in aid of and not in derogation from the provisions of the last preceding section.

Enforcement of charge in 60. (1) For the purpose of enforcing any charge under this county court. Part proceedings may be had and taken in the county court and No. 4568 s. 12; No. 5627 such court may order the sale of the whole or any part of the s. 2 (6). land subject to the charge. (2) For such purpose the county court shall have jurisdiction and exercise all the powers and authorities of the Supreme Court in all proceedings under Part IV. of the Trustee Act 1958, notwithstanding tie amount or value of the trust estate or fund to which the proceeding relates. (3) Where for such purpose any decree or order of the county court is made relating to land under the provisions of the Transfer of Land Act 1958, such decree or order shall for all the purposes of such Act have the same force and effect and shall be received dealt with and given effect to in all respects thereunder as if the same were a decree or order of the Supreme Court.

Statement cf 61. (1) The Commission, upon the application in writing amount of charges dus stating the particulars of the property in respect of which in respect of any property information is required by any person interested in such property &c. No. 4568 s. 13; and upon receipt of a fee of Five shillings, shall forthwith give or No. 6090 send by letter through the post addressed to the person so applying s.2(/). (whose name and address and the nature of whose interest in the property shall be stated in the application) a certificate in writing signed by the secretary or proper officer stating whether the Commission has served any notice or taken any steps under this Part in respect of such property and (as the case may be)— (a) what moneys and interest are charged on such property under this Part with the particulars thereof and when the same are due or payable and when the land became so charged; or 1958. Housing. No. 6275 33 (b) that no moneys or interest are so charged on such property. (2) The production of such certificate shall for all purposes be deemed conclusive proof that at the date thereof no moneys or interest were a charge on the property under this Division other than those stated in such certificate in respect of the property and of the date on which any such land became charged under this Division.

62. Where any owner being a trustee within the meaning of Provision as the Trustee Act 1958 is directed under this Division to make any who are house or land comply with the regulations under section fifty-six of ^^ s u this Act or to demolish any house such trustee may, notwithstanding anything to the contrary contained in the instrument (if any) creating the trust— (a) make such house or land so comply with such regulations; (b) demolish such house and, if the trustee thinks fit, erect another house in substitution therefor or sell the land on which such house was situate; (c) pay or apply any capital money subject to the trust for or towards any such purpose; (d) raise any money required for or towards any such purpose by obtaining an advance from the Commission under this Part or by sale conversion calling in or mortgage of all or any part of the trust property for the time being in possession.

Overcrowding. 63. (1) The Governor in Council may make regulations for Regulations or wit...h respect. to. — •' ° crowdinastooverg -in houses. (a) prescribing the number of persons permitted to reside NSIWI8'151 in houses having regard to the number of rooms s-39(n) and the amount of floor space air space or ventilation thereof; (b) the provision in houses of separate sleeping accommodation for males and females being persons ten years old or more and not being persons living together as husband and wife; and (c) generally, preventing the overcrowding of persons in houses. 34 1958. Housing. No. 6275

(2) Every person who permits the occupation of any house in contravention of the provisions of such regulations shall be guilty of an offence against this Part. (3) For the purposes of such regulations no account shall be taken of a child under one year old.

Cellars. occupying 64. (1) No person shall furnish let or occupy or permit or dwellings, suffer to be occupied any cellar as a dwelling. No. 4568 s. 16. (2) Every person who contravenes the provisions of the last preceding sub-section shall be guilty of an offence against this Part. (3) The Commission may close or direct the closing of any cellar let or occupied contrary to the provisions of this section. (4) Any cellar in which any person passes the night shall be deemed to be a cellar occupied as a dwelling, and the fact that any cellar is furnished so as to be capable of being used as a living room or as a bedroom shall be prima facie evidence that the same is a cellar occupied as a dwelling.

Building Regulations, &c.

Building 65. (1) The Governor in Council may make regulations for regulation. No. 4568 s. 17; or with respect to regulating or prohibiting the erection No. 4996 construction or alteration of houses in respect of the following 3.39(a). matters:—

Sites of (a) Prescribing the maximum proportion of the area of houses land on which a house is to be erected which may be covered by such house, and the provision of open spaces about or in connexion with houses; (b) Prescribing the minimum distance of houses from the boundaries of the areas of land on which they are to be erected or from other houses or buildings; (c) Prescribing the minimum area and the minimum depth and the minimum frontage of land on which a house may be erected; (d) Prohibiting the erection of houses on land not abutting on a street fifty feet or more in width, except where such land abuts on a street existing on or before the first day of January One thousand eight hundred and ninety; (e) Regulating the erection of houses on land abutting on a street less than fifty feet in width existing on or before the first day of January One thousand eight hundred and ninety; 1958. Housing. No. 6275 35

(/) Prohibiting the erection of houses on sites or areas g^00" which are in the opinion of the Commission tn8 unhealthy insanitary or subject to flooding, and requiring the remedying of unhealthy or insanitary conditions of or the prevention of flooding of land on which it is proposed to erect houses; (g) Prescribing minimum standards for the drainage sanitation ventilation and lighting of houses; (h) Prescribing the minimum dimensions cubical contents Dimensions and height of and minimum standards for the *c-°f ro->ms- ventilation sanitation and lighting of rooms of houses (including cellars basements and attic rooms); (/) Prescribing minimum standards for the protection of Damp courses houses from damp and requiring the provision of damp courses in houses; (/') Prescribing minimum standards for the provision in Bathrooms houses of bathrooms baths lavatories laundries and Itchens &c' kitchens and of conveniences for the storage of food and the capacity and ventilation thereof; (k) Prohibiting or regulating the construction or use of Room over rooms for human occupation over or connected with stables or over or connected with buildings from which noxious or offensive air odour or exhalations proceed; (/) Uniting houses and severing houses and dividing Uniting and hOUSeS; severing. {m) The conversion of buildings into houses; conversion. (n) The removal of houses from one place to and the Removal, erection thereof in another place; (o) Authorizing or requiring the pulling down opening inspection. or cutting into of any work for facilitating inspection for the purposes of the regulations; (p) Requiring houses erected or constructed or in course construction of erection or construction in whole or in part regulation. contrary to the provisions of the regulations to be brought into conformity therewith and authorizing or requiring the pulling down or removal of houses erected or constructed in whole or in part contrary to any of the provisions of the regulations; (q) Authorizing the sale or disposal of the materials of any houses or parts thereof pulled down or removed by or under the authority or direction of the Commission under the regulations and the application of the proceeds thereof in reimbursing the expenses of pulling down or removing the same; and 36 1958. Housing. No. 6275

(r) Prohibiting the use or occupation of houses erected or constructed otherwise than in accordance with the regulations.

Saving of (2) No house shall be erected constructed or altered and no municipal by-laws. council shall authorize or permit the erection construction or alteration of any house contrary to the provisions of the regulations made under this section, but save as aforesaid nothing in this section or in any regulation hereunder shall affect the validity or operation of any by-law of a council or of any Act.

Power to 66. (1) Where any allotment of land has less than the Commission to purchase minimum area depth or frontage prescribed by the regulations certain lands less than under the last preceding section or by any by-law of the minimum area &c. municipality in the municipal district of which the land is situate prescribed lor building as the minimum area depth or frontage of land upon which any thereon and house or building may be erected, the Commission may purchase also adjoining lands. by agreement or compulsorily take such land and any other land No. 4568 s. 18; No. 4996 adjoining the same which in the opinion of the Commission it is s. 38(4). desirable to acquire in order to improve the locality by providing an allotment or allotments having not less than the minimum area depth and frontage as aforesaid.

Acquisition (2) Without affecting the generality of the last preceding of land of houses unfit sub-section, where the Commission has directed the demolition of for human habitation. any house as unfit for human habitation the Commission may purchase by agreement or compulsorily take the land on which such house is or was erected. Powers of (3) Where any land has been purchased or taken by the Commission as to any Commission under this section the Commission may— such land. (a) remove or demolish the buildings or erections (if any) on such land and sell the materials of any such buildings or erections so removed or demolished; (6) deal with such land or any part thereof pursuant to the provisions of Part II. of this Act; (c) on such terms and conditions and subject to such exceptions and reservations as it thinks fit sell the whole or any part of such land and any buildings or erections thereon by public auction at such upset price as the Board of Land and Works determines or, in the case where any such land has been put up to auction and remains unsold thereat, by private contract at not less than the upset price determined therefor when such land was last put up to auction.

DIVISION 2.—SLUM RECLAMATION.

Reclamation 67. (1) Where in any area there are any houses which- areas. No. 4568 s. 19. (a) are unfit for human habitation; or 1958. Housing. No. 6275 37 (b) are in the opinion of the Commission in any respect insanitary or unhealthy by reason of the excessive number of buildings within the area or the bad arrangement of such buildings or the bad arrangement or narrowness of streets or the insanitary condition of the area or the unsuitability of the area for human habitation or for any other reason— and the Commission considers that housing conditions within the area cannot be satisfactorily dealt with unless the area is dealt with under this Division as a reclamation area, the Commission may cause the area to be defined on a map and may recommend that the area so defined should be constituted a reclamation area. (2) When the Commission has made such a recommendation with respect to any area, the Governor in Council may by Order published in the Government Gazette declare such area to be a reclamation area and thereupon such area shall be constituted a reclamation area.

(3) The Commission shall— Matters preliminary to (a) at least twenty-eight days before submitting any such ™£{Xtion of recommendation to the Governor in Council— constitution of reclama- (i) consult with the council of any municipality tion area- in the municipal district of which any part of the proposed reclamation area is situate; and (ii) serve on every owner and every registered mortgagee of any house building or land in the proposed reclamation area a notice describing the boundaries of the proposed reclamation area and naming a convenient place where a copy of the recommendation and a plan of the proposed reclamation area may be inspected at all reasonable hours and setting out a summary of the recommendation and stating that the recommendation will be submitted to the Governor in Council; and (b) before submitting such recommendation as aforesaid consider any objections made to the Commission by any such council or by or on behalf of any such owner or mortgagee within twenty-one days after such consultation or service. 68. The Commission may purchase or take compulsorily any Acquisition land within a reclamation area. reclamation area. No. 4568 s. 20. 38 1958. Housing. No. 6275

Powers of 69. (1) The Commission may in respect of any reclamation Commission as to area— reclamation areas. (a) demolish repair or reconstruct any houses buildings No. 4568 s. 21; No. 4996 or erections on the land in such area which has s. 38(4). been purchased or taken compulsorily by the Commission; (b) maintain in good repair any houses buildings or erections on such land; (c) subject to this Division secure the closing of any street or part thereof or the extinguishment of any easement or restrictive covenant affecting any such land; (d) open any new street on such land; (e) alter the levels of any such land and of streets on or adjoining such land; (/) make provision with respect to pipes wires apparatus sewers drains tunnels conduits poles posts and fixtures on or under such land or streets; (g) re-plan re-subdivide and improve such area or any part thereof; (h) on such terms and conditions and subject to such exceptions and reservations as the Commission thinks fit sell such land or any part thereof and any houses buildings or erections thereon by public auction at such upset price as the Board of Land and Works determines or, in the case where any such land has been put up to auction and remains unsold thereat, by private contract at not less than the upset price determined therefor when such land was last put up to auction; (/) deal with such land or any part thereof pursuant to the provisions of Part II. of this Act.

Commission (2) The Commission, before it commences to deal with any to consult with councils reclamation area under the powers conferred on it by this section, before dealing with shall consult with the council of every municipality in the municipal reclamation area. district of which any part of such area is situate or the representatives of any such council concerning the proposed scheme of re-subdividing and improving such area.

Notice to 70. (1) The Commission may serve a notice in writing on the vacate buildings in occupier of any house or building situate on any land which has reclamation area. been purchased or taken compulsorily by the Commission within a No. 4568 s. 22. reclamation area requiring him to vacate such house or building within a specified period not less than fourteen days after the service thereof. 1958. Housing. No. 6275 39 (2) Every person who after the expiration of the period Penalty, specified in the notice as aforesaid inhabits or occupies such house or building or permits or suffers any person to inhabit or occupy such house or building shall be guilty of an offence against this Part.

71. (1) If the Commission— Closing (a) is of the opinion that for the effective re-planning or Languishing re-subdivision of any reclamation area or any part covenants. thereof it is expedient that any street or any part of £°^f|^3; a street should be closed or that any easement or restrictive covenant should be extinguished; (b) has served on the owner of any property which the Commission, after making inquiry into the matter, considers is likely to be substantially affected by such closing of a street or part of a street or extinguishment of an easement or restrictive covenant notice of such proposed closing or extinguishment and has given to all such owners an opportunity of setting forth their objections to such closing or extinguishment; and (c) has made provision— (i) with respect to pipes wires apparatus sewers drains tunnels conduits poles posts and fixtures lawfully upon over across or under any such street or part thereof; (ii) for access to any land likely to be prejudicially affected by any such closing or extinguishment; (iii) for the payment of compensation to any person in whom the land comprised in any such street or part thereof is vested and to any owner of property which in the opinion of the Commission is likely to be substantially affected by any such closing or extinguishment; and (iv) for the rectification or other alteration of documents of title to lands the descriptions of which are likely to be affected by any such closing or extinguishment— the Commission may, after considering all objections made pursuant to paragraph (b) of this section and if of opinion that such closing or extinguishment will not substantially injure the public or any person so objecting, recommend the Governor in Council to close such street or part thereof or extinguish such easement or restrictive covenant; and the Governor in Council by Order published in the Government Gazette may close such street or part thereof or extinguish such easement or restrictive covenant accordingly. 40 1958. Housing. No. 6275

Compensation (2) For the purposes of sub-paragraph (iii) of paragraph (c) on closing of streets, of the last preceding sub-section— extinguishing of easements and covenants (a) if the Minister certifies that, having regard to the &c. extent to which any person (whether a person in whom the street is vested or the owner of property likely to be substantially affected) is or is likely to be affected by the closing of the street or the extinguishment of the easement or covenant, the compensation payable to such person should not exceed an amount stated in the certificate (not being more than Twenty pounds) the amount so stated in respect of such person shall be the full amount payable to him by the Commission by way compensation; (b) if the Minister is satisfied that any person who might be entitled to compensation can not be found after notice has pursuant to this section been served in any manner specified in section one hundred and twenty-one of this Act, the Minister may direct that no provision, or such provision as the Minister specifies, shall be made for payment of compensation to such person; (c) subject to the foregoing, compensation shall be payable as agreed between the Commission and the person concerned or in default of agreement as is determined pursuant to Part XLIV. of the Local Government Act 1958 and the said Part shall with such adaptations as are necessary extend and apply for the purposes of this section. Effect of . 72. (1) On the publication of any such Order closing a street closing street No. 4568 s. 24. or part thereof such street or part thereof (whether it is the property of the Crown or not) shall cease to be a street and thereupon all rights easements or privileges existing or claimed as regards the land comprised therein either in or by the public or any person or body of persons whomsoever or whatsoever as incident to any past dedication or supposed dedication thereof or by express grant or by statute or by any past user thereof or by any fiction of law shall cease and determine and the land comprised therein shall be vested in the Commission freed and discharged from all trusts encumbrances limitations or restrictions whatsoever. Effect of (2) On the publication of any such Order extinguishing an extinguishing easement or easement or restrictive covenant such easement or restrictive covenant. covenant shall cease and determine.

Cancellation 73. (1) Where the land comprised in any street so closed or of existing Crown grant any part thereof is land under the operation of the Transfer of &c. when land is under Land Act 1958, the Registrar of Titles is hereby directed and Transfer of Land Act. empowered to cancel the existing Crown grant or certificate of No. 4568 s. 25; title therefor and any instrument entry or memorial in the No. 5739 s. 8. register-book and any plan of subdivision altogether or to such 1958. Housing. No. 6275 41 extent as is necessary in consequence of such Order and the Registrar of Titles may issue to the Commission a certificate of title in respect of any such land. (2) In cancelling any Crown grant certificate of title Memorandum instrument memorial or entry in the register-book or any plan of cancellation, subdivision in pursuance of the power hereby conferred on him in that behalf the Registrar of Titles shall indorse thereon a memorandum stating the circumstances and authority under which the cancellation is made. (3) If any such Order for closing a street or part thereof or where order extinguishing an easement or restrictive covenant affects the right street %c. estate or interest of the registered proprietor of land under the SSjjf&cf " operation of the Transfer of Land Act 1958 included in any certificate of title in respect of any easement or restrictive covenant appearing thereon or implied by statute appurtenant to such land the Registrar of Titles shall cancel such easement or restrictive covenant to the extent to which it has been determined or extinguished upon the original of such certificate and also upon the duplicate certificate of title when brought to him for that purpose or when the same is lodged in the Office of Titles for the purpose of any dealing with the land comprised therein. (4) The Registrar of Titles may call in such duplicate caiiingin certificate of title for the purpose of such cancellation and may SuvacS*. retain the duplicate until such cancellation is effected and refuse to register any dealing with the land comprised therein or any part thereof until the duplicate has been so brought in and lodged. (5) Where the description of any land under the operation Amendments of the Transfer of Land Act 1958 or any certificate of title is SSaKSS T i or may be affected by any Order made hereunder closing a street u£i "<:°! or part thereof or extinguishing an easement or restrictive covenant the Registrar of Titles is hereby empowered to make any amendment in such description or certificate which is in his opinion necessary or desirable. (6) No provision of this Part shall be read and construed aS As to fees disentitling the Registrar of Titles to demand any fees specified in W&saMot or under the Transfer of Land Act 1958. TiUes- (7) (a) Where the land comprised in any street so closed Cancellation or any part thereof is not, apart from this sub-section, land which grants &e. of is under the operation of the Transfer of Land Act 1958 the whetnSSnbt publication of the Order aforesaid closing such street or part r^ferof thereof shall have the effect of bringing such land under the ^"Re­ operation of the Transfer of Land Act 1958 and the foregoing provisions of this section shall extend and apply to and in respect of such land accordingly. (b) The Registrar-General is hereby authorized and directed to make all such entries upon the records of enrolment of any Crown grant or upon any memorial relating to the land as are necessary or expedient in consequence of this sub-section. 42 1958. Housing. No. 6275

Slum 74. (1) There shall be a Slum Research Officer who shall be Research Officer. directly responsible to the Minister and who shall carry out such No. 5984 s. 2. duties as the Minister directs. (2) The Slum Research Officer— (a) shall be appointed and may be removed by the Governor in Council; (b) shall not in respect of his office be subject to the provisions of the Public Service Act 1958; (c) shall be appointed for such term not exceeding five years as is fixed by the terms of his appointment and shall be eligible for re-appointment; (d) shall not during his continuance in office be engaged in any employment other than that in connexion with the duties of his office as such; (e) shall receive such salary and reasonable travelling expenses as are determined from time to time by the Governor in Council. (3) If any person appointed as Slum Research Officer was immediately before his appointment an officer of the public service he shall be eligible (in all respects as if he were an officer of the public service) on the recommendation of the Public Service Board to be appointed on or before the termination of his appointment as Slum Research Officer to some office in the public service with a classification and emolument corresponding with or higher than that which he last held in the public service and as if the whole period of his service in the public service and under this Act had been a period of service in the public service. (4) If any person at the time of his appointment as Slum Research Officer is an officer within the meaning of the Superannuation Act 1958 he shall subject to that Act continue to be an officer within the meaning of that Act. (5) No person shall be appointed as or retain the appointment of Slum Research Officer after he attains the age of sixty-five years.

Construction 75. The provisions of this Division shall be read and construed of this Division. as in aid of and not in derogation from the provisions of Division No 4568 s. 26. one of this Part.

PART IV.—FINANCE.

Power to 76. (1) Subject to the provisions of the next succeeding Commission to borrow. sub-section— No. 4583 s. 2; No. 4996 (a) for the purposes of this Act the Commission s. 37(2). may subject to this Act from time to time with the consent of the Governor in Council 1958. Housing. No. 6275 43 borrow and re-borrow at interest such sums of money as it thinks requisite for the said purposes but such sums shall not exceed in all the sum of Fifteen million pounds; (b) the Commission may borrow and re-borrow such sums on the security of the revenues and assets of the Commission; (c) in the event of the whole or any part of such sums Re-borrowing. being repaid by the Commission the Commission may re-borrow the same, and so toties quoties, but there shall not be owing at any one time more than the said sum of Fifteen million pounds; and (d) for the purpose of making provision to pay off any Borrowing to loan or part of a loan raised by the Commission payo under this Act the Commission with the consent of the Governor in Council may re-borrow on the credit of the revenues and assets of the Commission the necessary money before the loan or part becomes payable notwithstanding that by such re-borrowing the said sum of Fifteen million is temporarily exceeded.

(2) Except as provided in paragraph (d) of the last preceding Limitation of sub-section the Commission may not borrow or re-borrow as £)™rwo?8 aforesaid so that there is at any one time owing by the Commission commission, under this Part any sum which together with— (a) any sums issued and applied out of loan moneys raised by the State before the commencement of this Act under the Housing Act 1937 as amended by any Act; and (b) any amounts issued and applied out of the Loan Fund pursuant to this Act— and not repaid exceeds the sum of Fifteen million pounds. (3) Any reference in this Part to moneys borrowed, loans construction raised or debentures issued under this Act or any Part thereof ?rfSenoesia shall, unless inconsistent with the context or subject-matter, be ,nis Part- deemed to include a reference to moneys borrowed, loans raised or debentures issued under any corresponding previous enactment.

77. (1) Any sums which the Commission is under this Part powerw D r one authorized to borrow may be raised as one loan or as several loans. {0 an°or as ?\ \ T-. i • i^-i • • several loans. (2) Every loan raised by the Commission under this Part NO. 4583 3.?. M n shall be raised by the issue of debentures payable to bearer with ° <>y A . , . ,. i , x ' borrowed on interest coupons attached. debentures. (3) All such debentures— (a) shall with interest thereon be charged and secured hoDebenturew secureds . upon the revenues and assets of the Commission; """ ' 44 1958. Housing. No. 6275 interest on (b) shall bear interest at such rate and be redeemable at and dates of redemption such date or dates and at such place or places debentures. as the Commission with the consent of the Treasurer of Victoria and the sanction of the Governor in Council determines; and Provision for (c) may with the consent of the holder thereof be paid off paying off in certain case;. at any time previous to the due date thereof at not more than the par face value thereof, or (with the consent of the Treasurer of Victoria and the sanction of the Governor in Council) at a premium, with interest thereon to date of payment only.

Time and (4) Interest secured by any such debentures shall be place of payment of payable— interest. («) half-yearly on days fixed by the Commission; and (b) at such place or places as the Commission with the consent, of the Treasurer of Victoria and the sanction of the Governor in Council determines.

Guarantee of 78. (1) The due repayment of the principal sums and the debentures by Government payment of all interest secured by any debentures issued by the of Victoria. Commission under this Part are hereby guaranteed by the No. 4583 s. 4. Government of Victoria. Appropriation (2) Any sums required by the Treasurer of Victoria for of Consolidated fulfilling any guarantee given by this Part shall be paid out of the Revenue for fulfilling Consolidated Revenue (which is hereby to the necessary extent guarantees. appropriated accordingly) and any sums received or recovered by the said Treasurer from the Commission or otherwise in respect of any sum so paid by the said Treasurer shall be paid into the Consolidated Revenue.

Sinking fund. 79. (1) In the case of every loan raised by it under this Part No. 4583 s. 5. the Commission shall provide a sinking fund at such rate and for such period as the Governor in Council on the recommendation of the Treasurer of Victoria approves. Power to sell (2) Whenever it is necessary to have resort to any fund securities in funds &c. mentioned in this section for the purpose of paying off any loan in respect of which the fund is provided or portion of such loan, the Commission may sell any securities in which the fund is invested or obtain an advance thereon from any bank or banks in Victoria.

Power to (3) Notwithstanding anything in the foregoing provisions of Governor in Council to this section, the Governor in Council may by Order published in dispense with sinking the Government Gazette direct that in the case of any loan raised fund in certain cases. by the Commission under this Part it shall not be necessary for the Commission to provide a sinking fund if he is satisfied that debentures representing a sufficient proportion of the principal sum borrowed including interest will fall due and be repaid in each year during the currency of the loan. 1958. Housing. No. 6275 45

Power to 80. (1) Any trustee unless expressly forbidden by the invest in instrument (if any) creating the trust may invest any trust funds in Commission's debentures. his hands in any debentures issued by the Commission under the No. 4583 s. 6. authority conferred by this Part. (2) Such debentures shall be a lawful investment for any To be lawful investment for moneys in the Superannuation Fund established under the Superannua­ tion Fund, Superannuation Act 1958 and for any moneys which any companies &c. company or body corporate incorporated by any Act of the No. 3782 &c. Parliament of Victoria is authorized or directed to invest in addition to any other investments expressly authorized for the investment of such moneys. (3) Notwithstanding anything in any Act such debentures As to investment by shall be a lawful investment for any moneys which The Commis­ sioners of Commissioners of the State Savings Bank of Victoria are State Savings Bank of authorized or directed to invest pursuant to the State Savings Bank Victoria. Act 1958 as if they were municipal debentures. (4) No notice of any trust express implied or constructive Notice of trust in shall be received by the Commission or by any officer of the- same relation to debenture not in relation to any debenture issued under this Part, and the receivable. Commission or any such officer shall not be bound to see to the execution of any such trust to which any such debenture may be subject. (5) A person advancing money to the Commission and Owners of securities nor receiving in consideration of such advance any debenture issued responsible for application under this Part shall not be bound to inquire into the application of moneys. of the money advanced or be in any way responsible for the non-application or misapplication thereof. v sions ol 81. (1) The provisions of the Third Schedule to this Act shall ££?r cj apply with respect to debentures issued under this Part and shall be schedule^ incorporated. deemed and taken to be and shall have the same force and effect No. 4583 s. 7. as if contained in this Part. (2) The Commission may demand take and receive for or in Fees, respect of the several matters and things with respect to which fees are provided for under the said Third Schedule the fees so provided or as to any other matters or things thereunder such reasonable fees as are specified in that behalf in the by-laws of the Commission; and all such fees shall be carried to and form part of the general fund.

82. (1) Any person who forges or alters or offers utters or Forging &c debentures. disposes of or puts off knowing the same to be forged or altered No. 4583 s. 8. any debenture made out and issued or purporting to be made out and issued under this Part by the Commission shall be guilty of felony and shall be liable to imprisonment for a term of not more than ten years. (2) The provisions of this section shall be read and construed Construction as in aid of and not in derogation from the provisions of the °naidofnas Crimes Act 1958 or of any other Act or any other law with respect i reiSngTo to offences relating to debentures. KnSn* debentures. 46 1958. Housing. No. 6275

Power to 83. (1) Subject to the approval of the Governor in Council Commission to make by-laws. the Commission may make by-laws for or with respect to all No. 4583 s. 9. matters and things authorized or required to be prescribed or necessary or expedient to be prescribed for carrying out or giving Third effect to the foregoing provisions of this Part and the Third Schedule. Schedule hereto, and in particular without affecting the generality of the foregoing may make by-laws for or with respect to— (a) prescribing any forms for use under the foregoing provisions of this Part and under the said Third Schedule (and any forms so pi escribed or forms to the like effect shall be sufficient in law); and (b) prescribing any matters with respect to which fees are to be payable under this Part or the said Third Schedule and reasonable fees with respect thereto.

Power to (2) Without prejudice to any other method of revocation, councu°toin any by-law made under this section may be revoked by the by-law Governor in Council by Order published in the Government hereunder. Gazette.

Limitation of 84. Save as expressly provided in this Part and Part V. the amount to be raised by loan total amount which may be raised by loan under this Act shall not under this Act. No. 4583 s. 10; exceed the sum of Fifteen million pounds. No. 4996 s.37(2). General fund. 85. (1) The Commission shall maintain a fund to be called No. 4583 s. 11. the " general fund." (2) All moneys whatever received by the Commission (including moneys raised by loan under this Act) shall be carried to the credit of the general fund. (3) The general fund shall be applied by the Commission for and towards the costs and expenses (including the administrative expenses) of carrying out the purposes of this Act.

Loan 86. (1) The Commission shall cause to be kept in its books account. of account a separate account to be called the " loan account" No. 4583 s. 12; No. 5114 and proper entries to be made therein of all loan moneys and s. 5 (a), No. 6075 of the several purposes to which such moneys are applied. s. 4 (a).

Commission (2) The Commission shall cause to be kept in its books of to keep account a separate account to be called the " Commonwealth separate account of and State Housing Agreement Account" and proper entries to be moneys advanced by made therein of all moneys advanced to the State of Victoria by Common­ wealth under the Commonwealth of Australia pursuant to clause 6 of the Agreement. Agreement a copy of which is set out in the Fourth Schedule to Fourth Schedule. this Act and paid to the Commission, and of the several purposes to which such moneys are applied.

(a) See also Part V. and Fifth Schedule. 1958. Housing. No. 6275 47

(3) The Commission shall cause to be kept in its books of account a separate account to be called the " Commonwealth and State Housing Trust Account No. 2 " and proper entries to be made therein of all moneys advanced to the State of Victoria by the Commonwealth of Australia pursuant to the Commonwealth and State Housing Agreement 1956 (a copy of which is set out in the Sixth Schedule to this Act) and paid to the Commission and of schedule, the several purposes to which such moneys are applied.

87. (1) There shall be paid out of the Consolidated Revenue Appropriation of (which is hereby to the necessary extent appropriated accordingly) Consolidated Revenue to to the Commission such sums as are necessary to meet any meet revenue deficits of expenditure (other than capital expenditure) of the Commission Commission. under this Act in excess of the revenues of the Commission under No. 4583 s. 14; No. 4652 s. 4, this Act. No. 5114 s. 5 (ft), No. 5328 s. 5, No. 5899 s. 4(a), No. 6075 s. 4(6).

(2) At the end of each financial year the Commission shall Repayments by to the extent to which the revenues of the Commission under Commission out of excess this Act (including any sums paid to the Commission revenues. under the last preceding sub-section) have during that financial year exceeded the expenditure (other than capital expenditure) of the Commission under this Act repay to the Treasurer of Victoria any sums paid to the Commission under the last preceding sub-section. (3) In this section the expression "expenditure (other than capital expenditure)" includes— (a) money paid by the Commission into a sinking fund provided in respect of a loan raised by the Commission; and (b) money paid by the Commission to the Treasurer of Victoria in order to provide for any payment into the National Debt Sinking Fund; and (c) money paid by the Commission to the Treasurer of Victoria in order to provide for the repayment of moneys advanced pursuant to clause 6 of the agreement a copy of which is set out in the Fourth Fourth Schedule to this Act and to the agreement a copy Schedule. of which is set out in the Sixth Schedule to this Sixth Act with the interest thereon; and Schedule.

Commission 88. (1) The Commission shall pay to the Treasurer of to provide interest and Victoria as they become due such sums as the said Treasurer sinking fund contributions may require in order to provide for the payment of interest and on Government contributions to the National Debt Sinking Fund in respect of loans. loan moneys raised by the State or issued and applied out of the No. 4583 s. 15; No. 5114 Loan Fund as provided in this Act and in respect of any sums s. 5 (c), No. 6075 issued and applied under the Public Works Loan Application Act 5.4(c). 1935.

Commission to provide (2) When any moneys advanced to the State of Victoria by moneys for the Commonwealth of Australia pursuant to clause 6 of the repayment to Common­ agreement a copy of which is set out in the Fourth Schedule to wealth of advances and this Act and to the agreement a copy of which is set out in the interest under Agreement. Sixth Schedule to this Act are paid to the Commission, Fourth the Commission shall pay to the Treasurer of Victoria Schedule. Sixth as they become due such sums as the said Treasurer Schedule. may require to provide for the repayment of the moneys so advanced together with interest in accordance with the said clause.

Temporary 89. (1) Where it is not practicable to apply for the purposes investment ol moneys to of this Act any moneys standing to the credit of the credit of loan loan account such moneys or such portion thereof as cannot be account. so applied shall be temporarily paid to the credit of a trust No. 4583 s. 16; No. 5899 account approved by the Treasurer. s.4(6). (2) The moneys standing to the credit of such account may be temporarily invested in such manner as the Treasurer approves. (3) Any moneys standing to the credit of any fund established under this Act (not being moneys referred to in the preceding provisions of this section) may be invested by the Commission in such manner as the Treasurer from time to time approves.

PART V.—COMMONWEALTH AND STATE HOUSING AGREEMENT.

Ratification 90. The execution on the nineteenth day of November One and approval of thousand nine hundred and forty-five by the then Premier of the Agreement. State of Victoria for and on behalf of the said State of the No. 5114 s. 2. Fourth Agreement a copy of which is set out in the Fourth Schedule to Schedule. this Act is hereby declared to have been ratified and approved by the Housing (Commonwealth and State Agreement) Act 1946.

Establish­ 91. (1) There shall be kept in the Treasury an account to ment of Common­ be called the " Commonwealth and State Housing Trust Account ". wealth and State Housing Trust Account. No. 5114 s. i. Payments (2) Into the said account there shall be paid all moneys into Account. advanced to the State of Victoria by the Commonwealth of Australia pursuant to clause 6 of the said Agreement. 1958. Housing. No. 6275 49

(3) Out of the said account there shall be paid to the Housing Payments Commission such moneys as are necessary to be paid in respect Account, of housing projects in accordance with the said Agreement. 92. All moneys which are or may become payable by the ft™™?™' State of Victoria to the Commonwealth of Australia under the necessary said Agreement shall be paid out of the Consolidated Revenue Consolidated (which is hereby to the necessary extent appropriated accordingly). NO^SIHS.4.

93. In the next succeeding section— Interpretation. " Principal "Principal Agreement" means the Agreement a copy of Agreement." which is set out in the Fourth Schedule to this Act. No. 5899 s. 2. Fourth " Amending Agreement" means the Agreement a copy Schedule. " Amending of which is set out in the Fifth Schedule to this Act. Agreement." Fifth Schedule. 94. (1) The execution on the sixteenth day of April One Ratification and approval thousand nine hundred and fifty-five by the Premier of the State of Amending of Victoria for and on behalf of the said State of the Amending Agreement. Agreement is hereby declared to have been ratified and approved No. 5899 s. 3. by the Housing Act 1955. (2) The Principal Agreement as amended by the Amending Agreement was declared by the said Act to have effect accordingly.

95. The execution on the thirteenth day of February One Ratification thousand nine hundred and fifty-seven by the Premier of the State of Agreement of Victoria for and on behalf of the said State of the Agreement NO. 60753.2. h set out in the Sixth Schedule to this Act (which Agreement shall be §2} duIe known as the Commonwealth and State Housing Agreement 1956) is hereby declared to have been ratified and approved by the Housing (Commonwealth and State Agreement) Act 1957.

96. (1) There shall be kept in the Treasury an account to Establishment and operation be called the " Commonwealth and State Housing Trust Account of Common­ wealth and No. 2" and an account to be called the " Home Builders' State Housing Account". Trust Account No. (2) There shall be paid into the Commonwealth and State 2 and Home Builders' Housing Trust Account No. 2 all moneys advanced by the Account. Commonwealth to the State of Victoria pursuant to the No. 6075 s. 3; Commonwealth and State Housing Agreement 195 6. except moneys No. 6179 s. 2. which under the terms of such agreement are to be paid into the Home Builders' Account which last-mentioned moneys shall be paid into such Home Builders' Account. (3) The moneys in the accounts kept under this section shall be applied in accordance with the provisions of the said Agreement. (4) All moneys which are or may become payable by the Appropria­ State of Victoria to the Commonwealth of Australia under the tion. said Agreement shall be paid out of Consolidated Revenue (which is hereby to the necessary extent appropriated accordingly). 50 1958. Housing. No. 6275 (5) All moneys paid out of the Consolidated Revenue to the Commonwealth of Australia for the payment of principal and interest in respect of moneys advanced by the Commonwealth of Australia and paid into the Home Builders' Account shall be repaid to the Consolidated Revenue from the said Home Builders' Account. Provision for temporary (6) If in any financial year the moneys in the Home Builders' transfer of Account are insufficient to make necessary payments therefrom moneys from Public there may be issued and applied temporarily out of the Public Account to Home Account and transferred to the Home Builders' Account to make Builders' Account good such insufficiency such amounts as the Treasurer from time and for repayment to time directs but so that the total amount so transferred and thereof. outstanding at any time shall not exceed Four hundred thousand pounds. (7) Any amount issued and applied out of the Public Account in any financial year pursuant to the last preceding sub-section shall be a charge on the Home Builders' Account and shall be repaid from that account to the Public Account at such time or times and in such manner together with interest at such rate (if any) as the Treasurer determines but so that no amount shall remain outstanding at the thirtieth day of June One thousand nine hundred and sixty-one.

PART VI.—SUPPLEMENTARY. DIVISION 1. GENERAL. Common Seal.

Use of 97. The common seal of the Commission shall not be affixed common seal. No. 4568 s. 38. to any document except in the presence of the Chairman or Deputy Chairman or two members of the Commission who shall sign the document which shall also be countersigned by the secretary or acting secretary.

Commission not to represent Crown.

Commission 98. The Commission shall not be deemed to represent the not to represent Crown for any purpose whatsoever. Crown. No. 4568 s. 39. Acquisition of Land and Compensation.

Application 99. (1) Subject to this section and the next succeeding of Lands Compensation section the Lands Compensation Act 1958 is hereby incorporated Act for purposes of with and shall be read and construed as part of this Act. this Act. No. 4568 s. 40; (2) In the construction of the said Act for the purposes of No. 4996 s 40, No. 5739 s. 9. this Act, unless inconsistent with the context or subject-matter— No. 6036 s. 3. " the Board of Land and Works " and " the Board " shall mean the Commission; and " the Special Act " shall mean this Act. 1958. Housing. No. 6275 51

(3) In the case of any land which forms part of a reclamation area in lieu of giving the notice required by section nine of the Lands Compensation Act 1958 to each of the parties interested in any such land required by the Commission or to the parties empowered by the said Act to sell and convey or grant and release the same, the Commission may with the consent of the Governor in Council publish on three occasions during the space of three weeks— (i) in the Government Gazette; (ii) in a daily newspaper circulating generally in Victoria; and (iii) in a local newspaper (if any) circulating in the locality in question— a general notice in the prescribed form sufficiently describing such reclamation area, and upon such publication each of the parties interested in any land comprised in that area and each of the persons empowered to sell and convey or grant and release any land comprised in that area shall for all the purposes of the Lands Compensation Act 1958 and of this Act be deemed to have been duly served with the notice referred to in the said section nine, and the Lands Compensation Act 1958 shall be read and construed accordingly except that, in respect of any such party or person to whom notice is not given in the manner provided in section ten or section eleven of the said Act, the proviso to section twelve of the said Act shall be read and construed as if for the words " two years" therein there were substituted the words "four years." (4) Where the Commission has in respect of any land published a general notice under sub-section (3) of this section or given oiotice to the parties interested under section nine of the Lands Compensation Act 1958 as incorporated with this Act, such land shall be deemed to have been set out ascertained and taken possession of and finally appropriated within the meaning of section forty-nine of the Lands Compensation Act 1958, upon the publication in the Government Gazette of notice of a resolution of the Commission that such land is finally appropriated for the purposes of this Act.

100. (1) In determining whether any and what compensation certain is to be made under this Act, the following provisions shall be be taken into consideration observed: in assessing , \ n i • ir-i-i- •• fi« • i compensation. (a) Subject to the following provisions of this section the NO.4568S.41; amount of compensation shall be the direct N°-5328s-4- pecuniary injury to the claimant by the loss of something of substantial benefit accrued or accruing, and shall not include remote indirect or speculative damages; 52 1958. Housing. No. 6275

(b) In the case of a house which the Commission has directed to be demolished as unfit for human habitation the value of such house (except in so far as the materials thereof have any net sale value) shall be disregarded in assessing compensation except in any case where such house has been declared unfit for human habitation by reason only of non-compliance with the provisions of the regulations relating to the situation of such house or the drainage sanitation ventilation lighting or cleanliness of the land on which such house is situate; (c) In the case of any land which comprises or is part of a reclamation area, the fact that such land so comprises or is part of such reclamation area shall not be taken into consideration in assessing compensation; (d) Where in the opinion of the magistrate arbitrator surveyor valuator or jury the owner of any land has expended moneys on any building thereon with the intention of increasing the amount of compensation to be claimed by such owner, an amount equal to the amount so expended or to the added value claimed by reason of such expenditure shall be disallowed in assessing compensation; and (e) Where the magistrate arbitrator surveyor valuator or jury is of opinion that the rent charged for any building (having regard to the actual value of such building and the condition of repair thereof) is for any reason excessive or that such rent is affected by any illegal or immoral purpose for which the building is used, such rent shall be disregarded in assessing compensation.

As to (2) (a) Where the Commission by inadvertence has taken compensation &c. when possession of and finally appropriated any land without first lands possessed having— without prior notice. (i) served the notice referred to in section nine of the Lands Compensation Act 1958 upon the parties required to be so served or such of the said parties as after diligent inquiry were known to the Commission; or (ii) published the general notice referred to in sub-section (3) of section ninety-nine of this Act in lieu of serving notice as aforesaid; or 1958. Housing. No. 6275 53

(iii) paid the purchase money or compensation in respect of the land so taken possession of and appropriated— the Commission may subsequently compulsorily acquire that land pursuant to the Lands Compensation Act 1958 and this Act as modified by the succeeding paragraphs of this sub-section. (b) In any such case the amount of the compensation or purchase money payable shall be Ten per centum more than the amount which would otherwise have been payable and interest at the rate of Four per centum per annum shall accrue thereon from the date of the taking possession as aforesaid until the date of payment, but in assessing the compensation payable the value of the land shall be taken to be its value at the date of the taking possession thereof and without regard to the value of any buildings or other improvements which may have been erected or effected on or for the benefit of the land by the Commission between the date of taking possession and the date of subsequent acquisition. (c) The owner of the land so acquired as aforesaid shall be entitled, if he so wishes, to have transferred to him as the whole or part of the compensation payable under the last preceding paragraph any other land of the Commission in the same locality to be agreed on between the said owner and the Commission; and the Commission shall be empowered to execute such a transfer and to pay or receive money for equality of exchange. (d) Any question arising between the Commission and the said owner as to the ascertainment of the land to be so transferred or as to the value thereof shall be determined by the Minister whose determination shall be final and without appeal.

101. (1) Where the Commission has declared any house Compensa- unfit for human habitation by reason only of non-compliance with on demolition the provisions of the regulations relating to the situation of such houselam house or the drainage sanitation ventilation lighting or cleanliness NO. 4568 s. 4z of the land on which such house is situate and the Commission has directed such house to be demolished, compensation for such demolition shall be payable by the Commission to the owner of such house. (2) The amount of such compensation, if disputed, shall subject to the provisions of the last preceding section be ascertained and determined in the manner provided for settling cases of disputed compensation in the Lands Compensation Act 1958 as incorporated in and adapted for the purposes of this Act.

102. (1) The Commission may in its absolute discretion pay Allowance to to any person displaced in the execution of this Act from any displaced occuDicrs house or building such reasonable allowance as it thinks fit NO. 4568 s. 43; towards his expenses in removing to another house or building. No-5835 s-4 54. 1958. Housing. No. 6275

(2) Where any such person is carrying on any trade or business in such house or building the Commission may in its absolute discretion pay to such person (whether or not in addition to any allowance under the last preceding sub-section) such reasonable allowance as it thinks fit towards compensating the loss which in its opinion he will sustain by reason of the disturbance of his trade or business consequent upon his displacement from such house or building. (3) Where any such person is the owner of such house or building the Commission may pay to such person (whether or not in addition to any allowance under the preceding provisions of this section) such ex gratia payment as it thinks fit. (4) In addition to the powers under the foregoing provisions of this section, the Commission shall have power in its absolute discretion to make to an owner who is not the occupier of a house demolished or to be demolished by the Commission in the execution of this Act an ex gratia payment to such owner in respect of such demolition.

Power to Commission to Sell Vacant Land to Home Builders. sale of vacant 103. (1) The Commission with the consent of the Minister bulidera.01™* may sell any vacant land of which it is the registered proprietor NO.6090s.3. under the Transfer of Land Act 1958 to any person who satisfies the Commission— (a) that he desires to purchase the land for the purpose of erecting a house thereon for his own occupation ; (b) that neither he nor his spouse is the owner of any house or land suitable for his needs ; and (c) that he has made satisfactory arrangements for finance with a co-operative housing society, the Home Finance Trust, the Director of War Service Homes, the Commissioners of the State Savings Bank of Victoria or some other source approved by the Registrar of Co-operative Housing Societies to enable him to erect a house on such land. (2) Any such land may be sold at such price as is determined by the Commission after considering— (a) a valuation and report by a valuer made in accordance with section fifty-three of this Act; (b) the actual cost of such land to the Commission; and (c) the cost of development works incurred by the Commission properly apportionable to such land— but in no case shall the price be less than the total of such actual cost and the cost of such development works. 1958. Housing. No. 6275 55

(3) Every contract for the sale of land made pursuant to this section shall be subject inter alia to the following conditions:— (a) That the contract shall become void if the erection of a house thereon is not commenced within eighteen months of the date of the contract; (b) That the Commission shall not be required to execute a transfer of the land agreed to be sold until the erection of a house thereon has been commenced; (c) That the purchaser shall not without the consent of the Commission sell assign charge or in any way part with his interest in the land until the erection of a house on the land has been completed and the house has been occupied by the purchaser for at least five years but nothing in this paragraph shall operate to prevent the sale assignment or charging of the land or any interest therein by any person who has become entitled to sell assign or charge the land or any interest therein pursuant to any sale assignment or charge made or given by the purchaser with the consent of the Commission.

Co-operation of Commission with Public Authorities.

104. The Commission shall confer and co-operate with the Co-operation Commission of Public Health and any council with the object of— Commission .... , , . .. . „ of Public I e a in<1 (a) maintaining m a clean and sanitary condition all areas ^) u ^1! in which there are any houses; NO.4568s.44-, (b) preventing the occurrence in any such area of or remedying or causing to be remedied in any such area any nuisance or condition liable to be dangerous to health or offensive; (c) preventing or remedying all conditions liable to be dangerous to health or offensive arising from the condition of or the occupation or use of houses or premises. 105. (1) In order to secure effective co-operation in the Provision tor administration of this Act and the regulations the Governor in co-operation Council may by Order published in the Government Gazette— Sndrreaith (a) provide for the execution of any powers or duties of aamnistra- m n the Commission or of any officer of the N° '4568 s. 45. Commission by any council or by any officer or inspector of a council or of the Department of Public Health; (b) make any provisions which are necessary or expedient for carrying the Order into effect; and (c) revoke any such Order. 56 1958. Housing. No. 6275

Saving of powers and (2) Save as otherwise expressly provided in any such Order duties of councils under all powers and duties conferred on any council by any such other Acts. Order shall be deemed to be in addition to and not in derogation from any other powers or duties conferred on it by or under any other Act and such other powers and duties may be exercised in the same manner as if this Act had not passed.

Commission to confer and 106. (1) Where the exercise of any powers or the discharge co-operate with other of any duties by the Commission may affect the exercise of any departments &c. powers or the discharge of any duties by any Government No. 4568 s. 46. department or by any municipality or by the State Electricity Commission of Victoria or by any local authority within the meaning of the Public Contracts Act 1958 the Commission shall so far as practicable confer and co-operate with such department municipality Electricity Commission or authority. (2) Any question difference or dispute arising or about to arise between the Commission and any such department municipality Electricity Commission or local authority with respect to the exercise of any powers or the discharge of any duties by either or both of them may be finally and conclusively determined by the Governor in Council.

Power to 107. (1) With the consent of the Governor in Council the Commission by agreement Commission by agreement with and for and on behalf of any to construct works for Department municipality or public or local authority or public other authorities in utility corporation may carry out or cause to be carried out in respect of development respect of any land in any area which is being developed by the of land. Commission any works which such Department municipality authority or corporation is empowered to carry out, including (without affecting the generality of the foregoing) works for or in connexion with the construction of roads the drainage of land and the provision of water sewerage electricity and gas. (2) Any such agreement may include provisions relating to any matters preliminary or incidental to the works or to the handing over of the works after completion, and any such Department municipality authority or corporation is hereby authorized to enter into and to give effect to any such agreement notwithstanding anything in any Act. (3) If in the opinion of the Governor in Council any such Department municipality authority or corporation— (a) unreasonably refuses or fails to enter into any such agreement; or (Z>) requires terms or conditions which are unreasonable; or 1958. Housing. No. 6275 57

(c) does not negotiate make or give effect to any such agreement with due diligence and despatch— the Governor in Council, after consultation between the Minister and any other Minister concerned, may make such Order in the matter as he thinks fit, and such Order shall be given effect to by all parties concerned in all respects as if it were an agreement made pursuant to the foregoing provisions of this section. 108. For the purposes of the preparation and submission for Joint town i- i «. • i planning approval of a planning scheme for or with respect to any area schemes bv which is being developed for housing and related purposes pursuant and to this Act (including, without limiting the generality of the ™id7w"es foregoing, the making publication and enforcement of interim pli^angTct. development orders in relation thereto) the Commission may NO. 57395.4 participate in a joint planning scheme with the council of any municipality as if the Commission in relation to such area were the council of an adjoining municipality and as if a day fixed for the purpose by Order of the Governor in Council published in the Government Gazette were the date of the commencement of the preparation of the planning scheme; and the Town and Country Planning Act 1958 shall be read and construed and have effect accordingly. Provision for death benefits. wer to 109. (1) The Commission may, on such terms and conditions ^ i , as are prescribed pursuant to section forty-three of this Act, to provide agree with any purchaser of a house and land from the Commission to housenefi,s under Division three of Part II. of this Act to forgo the whole or ^smsr any part of the amount (other than in respect of any instalments N£ 6075 si 5.' in arrears) owing to the Commission whether under a contract of sale or under a mortgage at the death of the purchaser. (2) The Commission shall maintain a fund called the " house purchasers' death benefit fund " into which shall be paid— (a) such amounts or proportion of the interest on purchase money paid by purchasers as is prescribed but not exceeding an amount equivalent to two-ninths of such interest; (b) any charges made in respect of participation by a purchaser in a house purchasers' death benefit scheme; (c) any income derived from the investment of the moneys standing to the credit of such fund— and out of which there shall be paid into the general fund of the Commission such amounts as are prescribed. (3) (a) An investigation into the state and sufficiency of AS to the house purchasers' death benefit fund shall be made at the investigation expiration of each period of three years after the thirtieth day of of house June, One thousand nine hundred and fifty-five. deaSiSnefit fund. 58 1958. Housing. No. 6275

(b) The investigation shall be made by an actuary appointed by the Minister. (c) The actuary shall report to the Minister the result of his investigation and shall state whether any variation is necessary in the payments into the fund. (d) A copy of the report of the actuary shall be laid before both Houses of Parliament. (e) In this sub-section " actuary" shall have the meaning assigned in the Superannuation Act 1958.

Constitution and function;: 110. (1) The Governor in Council may constitute an advisory of advisory committee. committee consisting of three members. No. 5899 s. 8. (2) Of such members— (a) one shall be an officer of the Treasury appointed from time to time by the Governor in Council on the nomination of the Treasurer; (b) one shall be an officer of the Commission appointed from time to time by the Governor in Council on the nomination of the Commission; (c) one shall be the Government Statist ex officio. (3) The Governor in Council shall appoint one of such members to be chairman of the committee. (4) The functions of the committee shall be— (a) to advise the Minister and the Commission on matters relating to the operation of any house purchasers' death benefit scheme; and (b) to make recommendations with regard to the investment of moneys credited to the house purchasers' death benefit fund. (5) Each member of the committee shall be paid such fees and allowances as are fixed by the Governor in Council.

Accounts, Audit, and Annual Report. Accounts. ill. (l) The Commission shall cause proper books of NO. 4568 s. 47. account to be kept. (2) The Commission shall cause to be prepared as soon as practicable after the thirtieth day of June in each year a statement of accounts showing fully and correctly the financial transactions of the Commission during the financial year ending on the said thirtieth day of June. (3) Such statement of accounts duly audited shall be included in the annual report of the Commission. 1958. Housing. No. 6275 59

112. The provisions of any Act for the audit of the public Audit &c. accounts shall apply to the audit of the accounts of the NS;4^®5-4^ Commission. , s-13 (4)-

113. The Commission shall in each financial year prepare an Annual annual report of its proceedings during the preceding financial NO°4568 s. 49. year, and a copy of such report shall be laid by the Minister before both Houses of Parliament on or before the thirtieth day of November in the financial year in which it is prepared or if Parliament is not then sitting within fourteen days after the next meeting of Parliament.

DIVISION 2.—ENFORCEMENT OF ACT. r s 0 f 114. In the execution of this Act or the regulations any ^™ a n d member of the Commission or any officer of the Commission or inspection, other person authorized by the Commission or by or under this No-4568s-50- Act may enter into and upon any premises at any reasonable hour for the purposes of— (a) examining the condition standard of sanitation and hygiene and state of repair of the premises; (b) ascertaining whether any of the provisions of this Act or the regulations are being or have been contravened; (c) executing any work or making any inspection authorized to be executed or made by or under this Act; (d) generally, enforcing the provisions of this Act and the regulations.

115. Every person who— obstruction r &c. of (a) obstructs hinders impedes resists or opposes; or N™"^*? SI (b) refuses admission to any premises to— any member of the Commission or any officer or person appointed employed or authorized by or under this Act in the performance of anything which such member officer or person is empowered or required by or under this Act to do shall be guilty of an offence against this Act.

116. (1) If the occupier of any premises or any other person offences by prevents obstructs or hinders the owner from or in obeying or and others, carrying into effect any of the provisions of this Act or the N0.4S68S. 52. regulations such occupier or person shall be guilty of an offence against this Act. (2) If the occupier of any premises when requested by or on behalf of the Commission to state the name of the owner of the premises refuses or wilfully omits to disclose or wilfully misstates the same he shall be guilty of an offence against this Act. 60 1958. Housing. No. 6275

Power 10 117, (1) Where by or under this Act the owner of any house occupier or registered is required to do any act matter or thing or execute any works mortgagee to do matters and such owner fails or refuses to do such act matter or thing ordered to be done by or execute such works, the occupier of such house or any owner. registered mortgagee of the land on which such house is situate No. 4568 s. 53. may do such act matter or thing or execute such works.

Recovery of (2) Any expenses thereby incurred by such occupier— expenses by occupier. (a) shall be recoverable by such occupier from the owner as money paid to the use of such owner; or (b) may be deducted by such occupier from or set off against any rent then due or thereafter at any time to become due to the owner— notwithstanding any covenant or agreement whatsoever to the contrary. Recovery of expenses by (3) Any expenses thereby incurred by any such mortgagee— mortgagee. (a) shall be recoverable by such mortgagee from the owner as money paid to the use of such owner; or (b) on notice in writing to the mortgagor by such mortgagee shall be deemed to be added to the principal sum owing under the mortgage, and if such mortgagor is not the owner the amount so deemed to be added shall be recoverable by the mortgagor from the owner as money paid to the use of such owner— notwithstanding any covenant or agreement whatsoever to the contrary.

Dispossession 118. Where any person after he has been required under of occupiers failing to this Act to vacate any house or building refuses or neglects to vacate premises vacate the same, any person authorized by the Commission may when required so to do. apply upon an information to be laid by him in the form set out No. 4568 %. 54. in the Seventh Schedule to this Act or to the like effect to any Seventh justice for and such justice shall issue a summons in the form Schedule. Eighth set out in the Eighth Schedule to this Act or to the like effect Schedule. calling upon the occupier of such house or building to appear at a time and place to be therein specified before a court of petty sessions consisting of a stipendiary magistrate sitting without any other justice or justices and such court may hear and determine the matter of such information in a summary way ex parte or otherwise.

Hearing. 119. (1) On the production of a copy of the notice No. 4568 s. 55. requiring such occupier to vacate such house or building and upon proof to the satisfaction of the court at the time and place specified in the summons or at any adjourned hearing of the said information that the house or building referred to in such summons is the 1958. Housing. No. 6275 61 same as is referred to in the said notice a warrant shall be issued by the stipendiary magistrate constituting such court or any other justice which may be in the form set out in the Ninth Schedule to Ninth . • A .i IM rr . Schedule. this Act or to the like effect. (2) Any member of the police force or bailiff to whom such warrant is directed may forthwith execute the same according to the tenor and exigency thereof in the same manner as any warrant of possession or writ of habere facias possessionem may now be executed by the sheriff. (3) The jurisdiction of such court shall not be taken away or deemed to be ousted by any claim of title question of property or suggestion of right whether made bona fide or otherwise which may be raised at any such hearing as aforesaid.

DIVISION 3.—OFFENCES AND LEGAL PROCEEDINGS. 120. (1) Every person who does not do anything directed to General be done or does anything forbidden to be done by or under this ffna!«" « A f . . -¥-*••• i* <. -«. -^-r * .-.-•. No. 4568 s. 56. Act (other than Divisions two and three of Part II.), shall be guilty of an offence against this Act. (2) Every person guilty of an offence against this Act shall— (a) be liable to the penalty expressly provided therefor; or (b) (if no penalty is expressly provided) be liable to a penalty of not more than Twenty pounds and, in the case of any offence which is continued or repeated after a conviction or order of any court in relation to the offence, to a further penalty of not more than Two pounds for each day on which the offence is so continued or repeated.

121. (1) Any notice order or other document by or under this Service of Act required or authorized to be given to or served on any person Srderssfcd may be so given or served— No. 4568 s. 57 (a) by delivering the same to such person; or (b) by leaving the same at his usual or last known place of abode; or (c) by forwarding the same by post in a pre-paid letter addressed to such person at his usual or last-known place of abode. (2) Any such notice order or document if addressed to the owner or occupier of premises may be given or served by delivering the same or a true copy thereof to some person on the premises apparently of or over the age of twenty-one years or if there is no such person on the premises to or on whom the same can be so given or served by fixing the same on some conspicuous part of the premises. VOL. IV.—3 62 1958. Housing. No. 6275 (3) Where any such notice order or document is required to be given to or served on a person whose name or address is unknown it may be given or served by publishing it three times at intervals of not less than one week between any two publications in the Government Gazette and in a newspaper generally circulating in Victoria. (4) Any notice order or other document by or under this Act required to be given to or served on the owner or occupier of any premises may if the name of the owner or occupier is not known be addressed to him by the description of the " owner " or " occupier " of the premises (naming them) in respect of which the notice order or document is given or served without further name or description. (5) If there are more occupiers than one it shall be sufficient if any such notice order or other document is given to or served on any one of them and the name of any one of them, is specified with the addition of the words " and others." (6) The failure or omission to give or serve any notice order or other document to or on the owner or any mortgagee shall not affect the validity of the giving or service of the same to or on the occupier; and the failure or omission to give or serve any notice order or other document to or on the occupier or any mortgagee shall not affect the validity of the giving or service of the same to or on the owner; and the failure or omission to give or serve any notice or other document to or on the owner or occupier shall not affect the validity of the giving or service of the same to or on any mortgagee. (7) Any document may be served on the Commission— (a) by delivering the same to the secretary or proper officer of the Commission; or (b) by forwarding the same by post in a prepaid letter addressed to the secretary or proper officer of the Commission.

Proof of 122. (1) In all proceedings in which any notice order or OTdoclmenS other document issued given or served under this Act has to be No. 4568 s. 58. proved (a) the defendant shall be deemed to have received notice to produce it; and (b) until the contrary is shown the same and the due issue giving or service thereof may be sufficiently proved by or on behalf of the complainant or informant by the production of what purports to be a copy bearing what purports to be a certificate under the hand of the officer or person authorized to issue the original or of the secretary or proper officer of the Commission that the copy is a true copy of the original and that the original was served on the date specified in the certificate. 1958. Housing. No. 6275 63

(2) The validity of any notice order or other document or of y^w,"* the issue giving or service thereof shall not be affected by any error misdescription or irregularity which in the opinion of the court is not likely to mislead or which in fact does not mislead. 123. All notices orders or other documents required by or continued . ,, . . , , ^ .J operation of under this Act to be given to or served on any owner occupier or orders and mortgagee shall if the same have once been duly given to or served ^^'6B s 59 on any owner occupier or mortgagee be binding on all persons claiming by from or under such owner occupier or mortgagee and on all subsequent owners or occupiers or transferees from such mortgagee to the same extent as if given to or served on such persons claiming as aforesaid or subsequent owners or occupiers or transferees respectively. 124. Whenever in any proceeding under this Act it becomes References to c ^ .i c owner or necessary to mention or refer to the owner or occupier of any "occupier." premises it shall be sufficient to designate him as the " owner " or No-4568 s-60- " occupier " of such premises without name or further description. 125. (1) The Commission may appear before any court or in Appearance of ii j-i_Ai L rr i Commission any legal proceeding by the secretary or proper officer or by any in legal authorized officer or member of the Commission. M°c!«in8So No. 4568 8. 61. (2) The secretary or proper officer or any officer or member so authorized may in the name of the Commission institute and carry on any proceedings which the Commission is authorized to institute and carry on under this Act. 126. (1) No contract entered into by or on behalf of the Protection of Commission and no matter or thing done by the Commission or by ^rS'e'rs d 0 c any member or officer of the Commission or by any other person fro m p^ rsonai abi whomsoever acting under the direction or authority of the ^No. "^'456„8 s. 62. Commission or of this Act or of any Order of the Governor in Council or regulation made under this Act shall (if the matter or thing was done or the contract was entered into bona fide for the purpose of executing this Act or the regulations) subject them or any of them personally to any action liability claim or demand whatsoever. (2) Any expense incurred by the Commission or any such member officer or other person acting as aforesaid shall be deemed to be an expense authorized by this Act. 127. (1) The Commission may direct either generally or in Power to. any particular case proceedings to be taken in respect of breaches to authorize of or offences against this Act or the regulations wherever £r°c^Tfci committed. No. 4568 s. 64. (2) Any officer of the Commission member of the police force or other person authorized in that behalf by the Commission may prosecute for any breach of or offence against this Act or the regulations. 64 1958. Housing. No. 6275 (3) No fee shall be payable on the issue of any summons for the purposes of any such prosecution or proceedings.

Simplificatior of proof in 128. In any prosecution or other legal proceeding under this certain case?. Act no proof shall be required— No. 4568 s. 65. (a) of the persons constituting or the proper constitution of or the extent of the jurisdiction of the Commission; (b) of any order or authority to prosecute; (c) of the particular or general appointment of any officer of the Commission; (d) of the presence of a quorum of the Commission making any order notice direction declaration recommendation approval or requirement at the making thereof until evidence is given to the contrary.

Documents 129. (1) All documents whatever purporting to be issued or signed by Chairman written by or under the direction of the Commission and to be Deputy Chairman or signed by the Chairman Deputy Chairman secretary or acting secretary to be evidence. secretary of the Commission shall be received as evidence in all No. 4568 s. 66. courts of law and shall be deemed to be issued or written by or under the direction of the Commission without further proof unless the contrary is shown. Signature of Chairman (2) All courts and all persons having by law or by consent of Deputy Chairman or parties authority to hear receive and examine evidence shall take secretary to be judicially judicial notice of the signature of the Chairman Deputy Chairman noticed. secretary or acting secretary of the Commission where such signature is attached for the purpose of verifying any document whatsoever under this Act.

Proof of ownership. 130. (1) In any legal proceedings under this Act— No. 4568 s. 67. (a) evidence that the person proceeded against is rated in respect of any land or premises to any general rate for the municipality within the municipal district of which such land or premises are situate; or (b) evidence by the certificate of the Registrar-General or his deputy that any person appears from any memorial of registration of any deed conveyance or other instrument to be the owner proprietor or mortgagee of any land; or (c) evidence by a certificate signed by the Registrar of Titles or any assistant registrar and authenticated by the seal of the Office of Titles that any person's 1958. Housing. No. 6275 65

name appears in any register book kept under the , Transfer of Land Act 1958 as owner proprietor or mortgagee of any land— shall (until the contrary is proved) be evidence that such person is owner proprietor mortgagee or occupier (as the case may be) of such land or premises. (2) If the person appearing to be the owner of any land is Liability of absent from Victoria or if his whereabouts or address cannot after agen^Ac. reasonable inquiries and searches in the proper offices of the Registrar of Titles and the Registrar-General be found any occupier or any agent or person authorized to deal with such land in any way shall for the purposes of any legal proceedings under this Act be deemed to be such owner: Provided that— (a) such occupier agent or person may recover from such owner any penalty in which he has been convicted or any expenses to which he has been put or any sums of money or costs which he has expended in and about such land pursuant to this Act whether under the compulsion of legal process or not; and (b) nothing herein shall prejudice exclude or take away any other methods of proof. 131. Save as otherwise expressly provided— competent (a) all complaints of and informations for offences under NO. 4568 s. 68. this Act may be heard and determined in a summary way before a court of petty sessions consisting of a stipendiary magistrate sitting without any other justice or justices; and (b) all moneys costs and expenses made payable or recoverable by or under this Act may be recovered before a court of petty sessions as a civil debt recoverable summarily or in any court of competent jurisdiction.

DIVISION 4. REGULATIONS. Regulations No. 4568 s. 69; 4 132. The Governor in Council may make regulations for or ^-9 ^ with respect to— (a) any matter authorized or required by this Act to be prescribed; and (b) providing for the execution of any matter or thing arising under and consistent with this Act and not expressly provided for in this Act and for more fully carrying out the objects and purposes of and for guarding against evasions and violations of this Act. 66 1958. Housing. No. 6275

General 133, Regulations under this Act— provisions ° relations. («) may be made to apply or to have operation No. 4568 s. 70 throughout the whole or any part of Victoria or throughout the whole or any part of any municipal district; (b) may be of general or specially limited application according to time place or circumstances; (c) may (without affecting any general power to confer powers and impose duties by regulation) confer powers or impose duties in connexion with the regulations on the Commission officers of the Commission members of the police force owners or occupiers of land or houses or other persons; (d) may leave any matter or thing to be from time to time determined applied dispensed with or regulated by the Commission or any person thereunto authorized by the Commission; (e) may deal with the procedure to be followed, the conditions to be complied with, and any matters whatsoever necessary or expedient to be prescribed for carrying the regulations into effect; (/) may prescribe forms for use under this Act (and any such form or any form to the like effect shall be sufficient in law); (g) may impose a penalty of not more than Twenty pounds for any contravention of or failure to comply with the regulations, and, in the case of a continuation or repetition of the offence after a conviction or order of any court in relation to the offence, a further penalty of not more than Two pounds for each day on which the offence is so continued or repeated, but so that the total of such penalties shall not exceed One hundred pounds; (h) may provide that in addition to any penalty any expenses incurred by the Commission in consequence of a breach of the regulations or in the execution of work directed by the regulations to be executed by any person and not executed by him shall be paid by the person committing such breach or failing to execute such work; and (i) shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the publication thereof if Parliament is then sitting and if Parliament is not then sitting within fourteen days after the next meeting of Parliament, and a copy thereof shall be posted to each member of Parliament. 1958. Housing. No. 6275 67

SCHEDULES.

FIRST SCHEDULE. Section 2.

Number of Art. Title of Act. Extent of Repeal.

4531 Housing Act 1937 The whole. 4568 Slum Reclamation and Housing Act So much as is not 1938 already repealed. 4583 Slum Reclamation and Housing The whole. (Financial) Act 1938 4652 Slum Reclamation and Housing Act The whole. 1939 4996 Housing Act 1943 So much as is not already repealed. 5043 Town and Country Planning Act 1944 Section 27. 5114 Housing (Commonwealth and State The whole. Agreement) Act 1946 5184 Housing (Discharged Servicemen) Act The whole. 1946 5328 Housing Act 1948 So much as is not otherwise repealed. 5357 Co-operative Housing Societies Act 1948 Section 9. 5627 County Court (Amendment) Act 1952 Section 2 (6). 5739 Housing Act 1953 The whole. 5835 Housing Act 1954 The whole. 5899 Housing Act 1955 The whole. 5914 Limitation of Actions Act 1955 Clause 41 of Sche­ dule. 5984 Housing (Slum Research Officer) Act The whole. 1956 6036 Housing (Land) Act 1956 The whole. 6054 Housing (Staff) Act 1956 The whole. 6075 Housing (Commonwealth and State The whole. Agreement) Act 1957 6090 Housing Act 1957 The whole. 6179 Public Account Advances (Home The whole. Builders' Account) Act 1958

SECOND SCHEDULE. Section 30.

PART A.—LAND IN THE CITY OF SUNSHINE. ALL THAT land situated within the Municipality of the City of Sunshine being part of Crown portion Seventeen Parish of Cut Paw Paw County of Bourke and being the land bounded by a line commencing at the intersection of the southern alignment of Hampden Street as shown on Plan of Subdivision No. 12587 lodged in the Office of Titles with the eastern alignment of Melon Street as shown on the said plan of Subdivision No. 12587 thence easterly by the said southern alignment of Hampden Street bearing S. 89° 30' E. for a distance of three hundred and ninety six feet thence further easterly by a line bearing S. 89° 31' 30" E. for a distance of three hundred and fifty two feet four inches thence southerly by a line bearing S. 0° 5' W. for a distance of six hundred and sixty three feet nine inches thence easterly by a line bearing N. 89° 55' E. for a distance of two hundred and fifty two feet nine inches thence southerly by a line bearing S. 0° 27' E. for a distance of two hundred and ninety seven feet nine inches and one half of one inch thence westerly by a line bearing N. 89° 48' W. for a distance of two feet one inch and one half of one inch thence southerly by a line bearing S. 0° 2' E. for a distance of one hundred and fifteen feet seven inches L958. Housing. No. 6275

SECOND SCHEDULE—continued. thence further southerly by a line bearing S. 0° 15' W. for a distance of forty four feet eleven inches and one half of one inch thence further southerly by a line bearing S. 0° 17' E. for a distance of eighty feet eleven inches thence further southerly by a line bearing S. 0° 3' W. for a distance of thirty eight feet eleven inches thence easterly by a line bearing S. 89° 48' E. for a distance of one hundred and thirty eight feet thence southerly by a line bearing S. 0° 12' W. for a distance of one hundred and twenty two feet to a point on the northern alignment of South Road thence westerly by a line bearing N. 89° 48' W. being the said northern alignment of South Road for a distance of nine hundred and seventy six feet three inches to a point distant one hundred and sixty feet from the intersection of the said northern alignment of South Road with the eastern alignment of Melon Street thence northerly by a line bearing N. 0° 13' 30" W. for a distance of four hundred and ninety two feet thence westerly by a line bearing N. 89° 48' W. for a distance of one hundred and sixty feet to a point on the said eastern alignment of Melon Street thence northerly by the said eastern alignment of Melon Street bearing N. 0° 13' 30" W. for a distance of two hundred and fourteen feet ten inches thence further northerly by the said eastern alignment of Melon Street and by the eastern alignment of Melon Street as shown on the said Plan of Subdivision No. 12587 lodged as aforesaid bearing N. 0° 5' E. for a distance of six hundred and fifty nine feet six inches to the point of commencement. EXCEPTING thereout the lands described hereunder namely :— FIRSTLY Lots numbered one to 12 (both inclusive) and lot 18 on the said Plan of Subdivision Number 12587 lodged as aforesaid. SECONDLY ALL THAT land bounded by a line commencing at a point distant three hundred and twenty feet northerly by a line bearing N. 0° 12' E. from a second point situated on the said northern alignment of South Road which said second point is distant four hundred and two feet nine inches easterly from the intersection of the said northern alignment of South Road with the said eastern alignment of Melon Street thence northerly from the comencing point aforesaid by a line bearing N. 0° 10' W. for a distance of one hundred and seventeen feet eleven inches and one half of one inch thence easterly by a line bearing S. 89° 58' E. for a distance of one hundred and fifty nine feet eight inches thence southerly by a line bearing S. 0° 39' E. for a distance of one hundred and eighteen feet five inches thence westerly by a line bearing N. 89° 48' W. for a distance of one hundred and sixty feet eight inches to the point of commencement. PART B.—LAND IN THE CITIES OF PRESTON AND NORTHCOTE. ALL THOSE pieces of land situated within the Municipality of the City of Preston described hereunder namely :— FIRSTLY ALL THAT land being part of Crown portion 146 Parish of Jika Jika County of Bourke and being the land bounded by a line commencing at the intersection of the southern alignment of Wood Street as shown on Plan of Subdivision No. 10876 lodged in the Office of Titles with the eastern alignment of Rita Street as shown on the said Plan of Subdivision No. 10876 thence easterly by the said southern alignment of Wood Street to the intersection of same with Darebin Creek thence generally southerly by Darebin Creek to the intersection of same with the southern alignment of Murray Road as shown on Plan of Subdivision No. 11317 lodged as aforesaid thence westerly by the said southern alignment of Murray Road to the intersection of same with the southerly prolongation of the eastern alignment of Rita Street as shown on the said Plan of Subdivision No. 11317 thence northerly by the said southerly prolongation of the eastern alignment of Rita Street and by the eastern alignment of Rita Street as shown on the said Plans of Subdivision numbered 11317 and 10876 to the point of commencement. SECONDLY ALL THAT land being parts of Crown portion 145 Parish of Jika Jika County of Bourke and being lots numbered 1, 2, 4 to 19 (both inclusive), 21 to 57 (both inclusive) and 59 to 78 (both inclusive) on Plan of Subdivsion No. 10644 lodged in the Office of Titles together with the roads shown coloured brown on the said Plan of Subdivision No. 10644 lodged as aforesaid. 1958. Housing. No. 6275

SECOND SCHEDULE—continued. THIRDLY ALL THAT land being part of Crown portion 145 Parish of Jika Jika County of Bourke and being the land more particularly delineated and shown coloured red on the map in the margin of Certificate of Title entered in the Register Book of the Office of Titles Volume 2970 Folium 593895 EXCEPTING thereout the following lands :— (i) ALL THAT land as is described in Certificate of Title entered in the Register Book of the Office of Titles Volume 7910 Folium 071; (ii) Lots numbered 92 and 93 on Plan of Subdivision No. 12313 lodged in the Office of Titles. FOURTHLY ALL THAT land being part of Crown portion 145 Parish of Jika Jika County of Bourke and being the land bounded by a line commencing at the intersection of the northern alignment of Latrobe Street as shown on Plan of Subdivision No. 10069 lodged in the Office of Titles with the eastern alignment of Bridge Street as shown on the said Plan of Subdivision No. 10069 thence northerly by the said eastern alignment of Bridge Street to the intersection of same with the southern alignment of Lonsdale Street as shown on the said Plan of Subdivision No. 10069 thence easterly by the said southern alignment of Lonsdale Street to the intersection of same with the western alignment of Quinn Street as shown on the said Plan of Subdivision No. 10069 thence southerly by the said western alignment of Quinn Street to the intersection of same with the said northern alignment of Latrobe Street thence westerly by the said northern alignment of Latrobe Street to the point of commencement. FIFTHLY ALL THAT land being part of Crown portion 145 Parish of Jika Jika County of Bourke and being so much of the land more particularly delineated and shown coloured red on the map in the margin of Certificate of Title entered in the Register Book of the Office of Titles Volume 3815 Folium 762876 as lies to the east of Albert Street as shown on the said map EXCEPTING thereout lots numbered 53 to 68 (both inclusive) and 101-104 (both inclusive) on Plan of Subdivision No. 9276 lodged in the Office of Titles. SIXTHLY ALL THOSE pieces of land being parts of Crown portion 138 Parish of Jika Jika County of Bourke and being the lands more particularly delineated and shown coloured red on the maps in the margins of Certificates of Title entered in the Register Book of the Office of Titles Volume 2189 Folium 437664 and Volume 5221 Folium 1044184 EXCEPTING thereout lots numbered 35, 36 and 37 on Plan of Subdivision No. 12139 lodged in the Office of Titles. SEVENTHLY ALL THAT land being part of Crown portion 138 Parish of Jika Jika County of Bourke and being the land more particularly delineated and shown coloured red on the map in the margin of Certificate of Title entered in the Register Book of the Office of Titles Volume 1998 Folium 399558 EXCEPTING thereout lots numbered 48, 49 and 74 to 76 (both inclusive) on Plan of Subdivision No. 11102 lodged in the Office of Titles. EIGHTHLY ALL THAT land being part of Crown portion 138 Parish of Jika Jika County of Bourke and being the land more particularly delineated and shown coloured red on the map in the margin of Certificate of Title entered in the Register Book of the Office of Titles Volume 3717 Folium 743345 EXCEPTING thereout lots numbered 1, 2, 3, 6, 111, 112 and 113 on Plan of Subdivision No. 10805 lodged in the Office of Titles. NINTHLY ALL THAT land being part of Crown portion 138 Parish of Jika Jika County of Bourke and being lots numbered 1 to 21 (both inclusive) 32 and 33 on Plan of Subdivision No. 11973 lodged in the Office of Titles together with the drainage reserve shown on the said Plan of Subdivision No. 11973 lodged as aforesaid. ALL THOSE pieces of land situated within the Municipality of the City of Northcote described hereunder namely:— FIRSTLY ALL THAT land being parts of Crown portion 129 Parish of Jika Jika County of Bourke and being lots numbered 23, 24 and 28 on Plan of Subdivision No. 15335 lodged in the Office of Titles. 70 1958. Housing. No. 6275

SECOND SCHEDULE—continued. SECONDLY ALL THAT land being parts of Crown portion 122 Parish of Jika Jika County of Bourke and being lots numbered 44 and 45 of Extension Number 19 on Plan of Subdivision No. 921 lodged in the Office of Titles. THIRDLY ALL THAT land being parts of Crown portion 129 Parish of Jika Jika County of Bourke and being lots numbered 29, 30 and 31 of Extension Number 17 on Plan of Subdivision No. 895 lodged in the Office of Titles. FOURTHLY ALL THAT land being part of Crown portion 129 Parish of Jika Jika County of Bourke and being lot number 10 of Extension Number 16 on Plan of Subdivision No. 895 lodged in the Office of Titles. FIFTHLY ALL THAT land being part of Crown portion 129 Parish of Jika Jika County of Bourke and being lot number 19 on Plan of Subdivision No. 1340 lodged in the Office of Titles. SIXTHLY ALL THAT land being part of Crown portion 130 Parish of Jika Jika County of Bourke and being lot number 32 on Plan of Subdivision No. 1340 lodged in the Office of Titles. SEVENTHLY ALL THAT land being Crown allotments 3 and 4, Section T City of Northcote Parish of Jika Jika County of Bourke EXCEPTING thereout the following lands:— (i) Lot number 43 on Plan of Subdivision No. 11493 lodged in the Office of Titles; (ii) ALL THAT land delineated and shown coloured purple on the map in the margin of Certificate of Title entered in the Register Book of the Office of Titles Volume 5440 Folium 1087950. EIGHTHLY ALL THAT land being Crown allotments 5A and 9 of Section T City of Northcote Parish of Jika Jika County of Bourke.

PART C—LAND IN THE CITY OF BROADMEADOWS. ALL THOSE pieces of land situated within the Municipality of the City of Broadmeadows described hereunder namely:— FIRSTLY ALL THAT land being parts of Crown portions A and B Section Fifteen and Crown portion B Section Eleven in the Parish of Will Will Rook County of Bourke and being the land bounded by a line commencing at a point being the intersection of the northern boundary of the said Crown allotment A Section 15 in the Parish and County aforesaid with the eastern boundary of the land set aside for railway purposes which point of commencement is the north west corner of lot number 1040 on Plan of Subdivision No. 8759 lodged in the Office of Titles thence easterly by the said northern boundary of the said Crown portion A Section Fifteen to the intersection of same with the northerly prolongation of the western alignment of King Street as shown on the said Plan of Subdivision Number 8759 lodged as aforesaid thence southerly by the said northerly prolongation of the western alignment of King Street and by the said western alignment of King Street and by the southerly prolongation thereof to the intersection of same with the southern alignment of Phillips Street as shown on the said Plan of Subdivision No. 8759 lodged as aforesaid thence westerly by the said southern alignment of Phillips Street to the intersection of same with the eastern alignment of Scott Street as shown on Plan of Subdivison No. 8760 lodged in the Office of Titles thence southerly by the said eastern alignment of Scott Street and the southerly prolongation thereof to the intersection of same with the southern alignment of Elfin Street as shown on Plan of Subdivision No. 8760 lodged in the Office of Titles which last mentioned intersection is a point situated on the northern boundary of lot number 24 on Plan of Subdivision No. 5883 lodged as aforesaid thence westerly by the said northern boundary of the said lot number 24 and by the westerly prolongation thereof to the intersection of same with the said eastern boundary of the land set aside for railway purposes thence northerly by the said eastern boundary of the land set aside for railway purposes to the point of commencement. 1958. Housing. No. 6275

SECOND SCHEDULE—continued. EXCEPTING thereout the following lands namely: (i) Lots numbered 670, 676 to 682 (both inclusive), 689 to 692 (both inclusive), 801 to 804 (both inclusive), 853 and 854 on Plan of Subdivision No. 8759 lodged in the Office of Titles, (ii) Lot number 167 on Plan of Subdivision No. 6951 lodged in the Office of Titles, (iii) Lots numbered 663 to 665 (both inclusive) on Plan of Subdivision No. 8760 lodged in the Office of Titles. SECONDLY ALL THAT land being part of Crown portion 14 Parish of Will Will Rook County of Bourke and being tie land more particularly described in certificate of title entered in the Register Book of the Office of Titles Volume 5039 Folium 1007789. THIRDLY ALL THAT land being part of Crown portion 14 Parish of Will Will Rook County of Bourke and being the land more particularly described in certificate of title entered in the Register Book of the Office of Titles Volume 6866 Folium 1373062. FOURTHLY ALL THAT land being part of Crown portion 10 Parish of Will Will Rook County of Bourke and being part of the land described in certificate of title entered in the Register Book of the Office of Titles Volume 5143 Folium 1028448 and being the land bounded by a line commencing at the North East corner of the land described in the said certificate of title Volume 5143 Folium 1028448 thence generally southerly by the eastern boundary of the land described in the said certificate of title Volume 5143 Folium 1028448 to the south east corner thereof thence west by the southern boundary of the land described in the said certificate of title Volume 5143 Folium 1028448 for a distance of two thousand two hundred and sixty seven feet nine inches thence by a line bearing north for a distance of one hundred and eighty one feet five inches thence north easterly by a line bearing N. 22° 34' E. for a distance of one thousand seven hundred and nine feet nine inches thence north westerly by a line bearing N. 67° 26' W. for a distance of fifty feet thence north easterly by a line bearing N. 22° 34' E. for a distance of one thousand four hundred and seventy two feet nine inches thence by a line bearing east for a distance of fifty four feet two inches thence north easterly by a line bearing N. 22° 34' E. for a distance of five hundred and thirty nine feet to a point on the northern boundary of the land described in the said certificate of Title Volume 5143 Folium 1028448 thence easterly by the said northern boundary of the land described in the said certificate of title Volume 5143 Folium 1028448 to the point of commencement. FIFTHLY ALL THAT land being part of Crown portion 10 Parish of Will Will Rook County of Bourke and being the land more particularly delineated and shown coloured red, blue and green on the map in the margin of certificate of title entered in the Register Book of the Office of Titles Volume 5397 Folium 1079390 EXCEPTING thereout the following lands namely:— (i) Lots numbered 149 to 153 (both inclusive), 283 and 284 on Plan of Subdivision Number 12456 lodged in the Office of Titles, (ii) ALL THAT land described in certificate of title entered in the Register Book of the Office of Titles Volume 5397 Folium 1079392. SIXTHLY ALL THOSE pieces of land being parts of Crown portion 10 Parish of Will Will Rook County of Bourke and being lots numbered 2 to 5 (both inclusive), 8, 13 to 17 (both inclusive), 20 and 23 on Plan of Subdivision No. 6571 lodged in the Office of Titles. SEVENTHLY ALL THOSE pieces of land being parts of Crown portion 10 Parish of Will Will Rook County of Burke and being lots numbered 286 to 291 (both inclusive) on Plan of Subdivision No. 13417 lodged in the Office of Titles. ErGHTHLY ALL THOSE pieces of land being parts of Crown portion 10 Parish of Will Will Rook County of Bourke and being lots numbered 933, 939 and 986 on Plan of Subdivision No. 9623 lodged in the Office of Titles. 72 1958. Housing. No. 6275

Sections 81, THIRD SCHEDULE. 83. The following provisions shall apply to debentures issued by the Commission under this Act:— Form. 1. Every debenture shall be in the form prescribed by the by-laws made under this Act or to the like effect: Provided that if no by-law prescribing the form of debentures is made before the issue of debentures for the purpose of any loan under this Act every debenture for the purposes of that loan shall be in the form or to the effect following:— Number State of Victoria. Transferable by Delivery. Under the authority of the Housing Act 1958. This debenture entitles the bearer to the sum of pounds on the day of with interest thereon in the meantime at the rate of per centum per annum payable half-yearly on the day of and the day of in every year as per coupons annexed, which principal sum and interest are hereby charged and secured upon the revenues and assets of the Housing Commission. Such principal sum and interest are payable at the in the City of Melbourne. The repayment of the principal sum and the payment of interest secured by this debenture are guaranteed by the Government of Victoria. ' Given under the common seal of the Housing Commission at Melbourne this day of in the year 19 (SEAL)

Chairman. [or Deputy Chairman.]

Secretary. Countersigncd-

Auditor-General. 2. Debentures shall— Seal. (a) be sealed with the common seal of the Commission in the presence of the Chairman or Deputy Chairman and of the secretary; Counter­ (b) be countersigned by the Auditor-General; and signing. (c) be numbered consecutively beginning with the number one and Number. proceeding in an arithmetical progression whereof the common difference is one.

Pass by 3. Every debenture with the interest coupons annexed thereto and every delivery. interest coupon after being detached therefrom shall pass by delivery and without any assignment or indorsement. Rights of 4. The bearer of every debenture or detached interest coupon shall have bearer. the same rights as if he were expressly named as payee therein.

Payment of 5. No interest shall be payable in respect of any debenture except to the interest. holder of the coupon representing the interest claimed and upon delivery of the same. Register of 6. (1) The Commission shall cause to be kept in one or more books a debentures. register of debentures and within a reasonable time after the date of any debenture shall cause to be made an entry in the register specifying the number date and amount of the debenture. (2) The register of debentures— Inspection. (a) may be inspected at all reasonable times by any person on payment of One shilling for each inspection; and Register to be (b) shall be evidence of any matters required or authorized by or under evidence. this Act to be inserted therein. Copies to be (3) Any person shall be entitled to obtain from the Commission copies or supplied. extracts certified by the officer in whose custody the register is kept to be true copies of or extracts from such register upon payment for each copy or extract 1958. Housing. No. 6275 73

THIRD SCHEDULE—continued. of a fee of Two shillings and sixpence and Two pence for every folio of seventy-two words; and any copy or extract so certified shall be admissible in evidence. 7. Upon proof being made before a judge of the Supreme Court in chambers Provision for by affidavit of any credible person that any debenture issued by the Commission lost under this Act and held by such person the number and sum whereof is specified debentures. by him and has been lost or accidentally burnt or otherwise destroyed before the same has been paid off, and after the insertion of such advertisements as such judge directs and upon such judge certifying that he is satisfied with such proof, the Commission may after the expiration of six months cause a new debenture with interest coupons attached to be made having the like currency and bearing the same number date principal sum and rate of interest as the debenture so lost or destroyed and to be delivered to such person upon his giving sufficient security to the Comission to indemnify the Commission against any double payment. 8. If any debenture is defaced by accident— Provision tor defaced (a) the Commission may cancel the same and cause a new debenture to debentures. be made in lieu thereof; and (b) the new debenture shall have the like currency and be in all respects subject to the same provisions and bear the same number date and principal sum and rate of interest as the cancelled debenture. 9. (1) All debentures paid off discharged or exchanged shall— Discharged debentures (a) be cancelled by the secretary; and to be (b) be burnt in the presence of the secretary and the Auditor-General destroyed. or one of his officers thereto authorized by him in writing. (2) The Auditor-General or such officer (as the case may be) before the debentures are burnt shall audit the same and allow the accounts thereof and furnish the Commission with a certificate particularizing the debentures so burnt; and the secretary shall file that certificate in the office of the Commission.

FOURTH SCHEDULE. THE COMMONWEALTH AND STATE HOUSING AGREEMENT. Sections 21, AGREEMENT made the nineteenth day of November, One thousand nine 86, 88, 90, 93. hundred and forty-five BETWEEN THE COMMONWEALTH OF AUSTRALIA (in this Agreement called " the Commonwealth ") of the first part, THE STATE OF NEW SOUTH WALES of the second part, THE STATE OF VICTORIA of the third Part, THE STATE OF QUEENSLAND of the fourth part, THE STATE OF SOUTH AUSTRALIA of the fifth part, THE STATE OF WESTERN AUSTRALIA of the sixth part, and THE STATE OF TASMANIA of the seventh part: WHEREAS at Conferences of Commonwealth and State Ministers held during the months of August, 1944, and August, 1945, proposals were agreed upon relating to the carrying out of rental housing projects by the States: AND WHEREAS the Commonwealth proposes to assist the States in the carrying out of the rental housing projects by making contributions to the States towards meeting any losses that may be incurred by a State in the administration of the rental housing projects: NOW IT IS HEREBY AGREED that— 1. (1) Notwithstanding that all the aforementioned States are named as parties to this Agreement— (a) the Agreement shall, in the event of the Parliament of any State or States failing to authorize or approve the Agreement, operate as an agreement between the Commonwealth and the State or States which authorize or approve the Agreement as fully and effectually as if the State or States so authorizing or approving the Agreement were the only State or States named as a party or parties to the Agreement and the State or States failing to authorize or approve the Agreement were not named as a party or parties to the Agreement; and (b) the Agreement shall as between the Commonwealth and any State come into force upon being authorized or approved by the Parliament of that State. 1958. Bousing. No. 6275

FOURTH SCHEDULE—continued. (2) Each State the Parliament of which shall authorize or approve this Agreement is hereafter referred to as a " State " and the expression " the States " hereafter used shall mean where the context so permits or requires of all such States so authorizing or approving this Agreement. 2. (1) In this Agreement, unless the contrary intention appears— (a) " basic wage " means the basic wage or living wage as determined under the law of the State for the area in which a housing project has been carried out or is in course of being carried out including all amounts by way of loadings not of the nature of purely industry loadings legally regarded as constituting part of the primary wage of a locality for an unskilled labourer determined under the State law; but if no basic or living wage has been determined under the law of the State for the area concerned, then the basic wage for that area shall be the basic wage as determined by the Commonwealth Court of Conciliation and Arbitration for that area including the loading known as the " prosperity loading"; but if no basic wage has been determined by the said Court for that area, then the basic wage for that area shall be the basic wage determined by the Commonwealth Court of Conciliation and Arbitration and adjusted according to " C " Series index number for the " Five Towns " for the State including the loading known as the " prosperity loading" relevant to that wage; (b) "dependant" means a person who is wholly or partly dependent for his or her support upon the pay earnings and income of, or upon a pension or compensation payable in consequence of the incapacity or death of a person who is, or has been, a member of the Forces or of a person who is serving or served in the Merchant Navy during the war; (c) " dwelling " or " dwellings " means a dwelling or dwellings erected in the carrying out of a housing project and includes any dwellings erected after the third day of December, 1943, pursuant to any arrangement made by the State with the Commonwealth War Housing Trust; (d) " financial year " means the period of twelve months ending on the thirtieth day of June; (e) " housing authority " means an instrumentality of a State or other body constituted by an Act of the State which in pursuance of an Act of the State carries out any housing project; (/) " housing project" or " housing projects" means a rental housing project or rental housing projects carried out by a State pursuant to this Agreement and includes, where the context so permits or requires, any housing project carried out by the State after the the third day of December, 1943, and before the date of this Agreement pursuant to any arrangement made by the State with the Commonwealth War Housing Trust; (_g) " member of the Forces " means— (i) a person who is or was, during the war, a member of the Permanent Forces, other than the Australian Imperial Force; (ii) a person who is or was, during the war, a member of the Australian Imperial Force; (iii) a member of the Citizen Forces who is or was enlisted, appointed or called up for continuous service for the duration of, and directly in connexion with, the war; (iv) a person who is or was, during the war, engaged on continuous full-time service as a member of any of the following Services:— The Royal Australian Naval Nursing Service; The Women's Royal Australian Naval Service; The Australian Army Nursing Service; The Australian Women's Army Service; The Australian Army Medical Women's Service; The Royal Australian Air Force Nursing Service; The Women's Auxiliary Australian Air Force; 1958. Housing. No. 6275 75

FOURTH SCHEDULE—continued. (v) a member of a Voluntary Aid Detachment who is or was, during the war, engaged on continuous full-time paid duty with any part of the Defence Force; (vi) a member of the Naval, Military or Air Forces of any part of the King's dominions other than Australia, who is or was, during the war, engaged on service and was born in Australia or was, immediately prior to his becoming a member of any of those Forces domiciled in Australia; and (vii) a person who is or was, during the war, engaged on continuous full-time service with any Nursing Service or other Woman's Service auxiliary to the Naval, Military or Air Forces of any part of the King's dominions other than Australia who was born in Australia or was, immediately prior to her becoming a member of that Service, domiciled in Australia; (ft) "the war" means the war which commenced on the third day of September, One thousand nine hundred and thirty-nine, and includes any other war in which His Majesty became engaged after that date and before the date of this Agreement. (2) For the purposes of this Agreement, a member of the Forces who has ceased to be engaged on war service as defined in section 4 of the Re-establishment and Employment Act 1945 of the Commonwealth shall be deemed to have been discharged. 3. (1) Each State shall ensure that adequate legislation exists in the State to enable it at all times to control throughout the State— (a) rental housing projects under this Agreement; (b) slum clearance; and (c) town planning. (2) Each State shall, subject to this Agreement, be responsible for the administration of its housing projects and if more than one authority is charged with the administration of the matters mentioned in sub-clause (1) of this clause the State shall co-ordinate the activities of those authorities. (3) Each State shall advise the Treasurer of the Commonwealth of any arrangements it intends to make to ensure decentralization of administrative work in relation to its housing projects. 4. (1) Each State shall establish and shall advise the Treasurer of the Commonwealth of minimum and maximum standards to be observed in the carrying out of its housing projects in respect of the following matters:— (a) allotments or sites; (b) accommodation; (c) construction; (d) equipment; and (e) services. (2) The Commonwealth may from time to time submit to a State proposals for the alteration, modification, or revision of the standards established as provided in sub-clause (1) of this clause and the State shall give due and proper consideration to any proposals submitted by the Commonwealth. 5. Each State shall allocate dwellings between metropolitan and country areas in such manner as shall from time to time be agreed upon between the Treasurer of the Commonwealth and the Treasurer of the State. 6. (\)(<>) The Commonwealth will advance to each State the moneys heretofore expended in the carrying out of a housing project or projects and the moneys that shall be hereafter required for the carrying out of the State's housing projects as notified to the Treasurer of the Commonwealth from time to time pursuant to clause 7. (2) Subject to sub-clause (2) of clause 14 of this Agreement the State shall repay to the Commonwealth the amount of each advance made to the State together with interest thereon by equal annual instalments of principal and (a) Amended by clause 3 of Agreement of 16th April, 1955—see Fifth Schedule. 1958. Housing. No. 6275

FOURTH SCHEDULE—continued. interest, so that the whole of the amount of the advance and interest will be repaid over a period of fifty-three years computed from the date the advance was made, except that where in any case the Treasurer of the Commonwealth and the Treasurer of the State agree that any advance should be repaid over a period shorter than fifty-three years, the amount of that advance and interest thereon shall be repaid by equal annual instalments over that shorter period. (3) Each advancs shall bear interest at a rate not exceeding the rate payable in respect of the long term Commonwealth Public Loan last raised in Australia prior to the date of the advance, or if a Loan is being raised at the date of any advance then that advance shall bear interest at the rate of interest to be paid in respect of the long term Loan then being raised. 7. (1) Each State shall at least fourteen days before the first days of January, April, July and October in each year notify the Treasurer of the Commonwealth of all housing projects which it proposes to commence in the ensuing period of three months and in respect of the dwellings included in that housing project or projects shall furnish particulars to the Treasurer of the Commonwealth of the proposed nature and type and estimated cost of each dwelling or group of dwellings. (2) Each State shall within a reasonable time after the end of each such period of three months notify the Treasurer of the Commonwealth of the progress of the housing project and shall within a reasonable time after the completion of each housing project notify the Treasurer of the Commonwealth of the capital cost of each dwelling or group of dwellings erected and the economic rent of each of the dwellings. 8. The Commonwealth shall use its best endeavours to enable the States to obtain supplies of building materials and labour required by the States for the carrying out of their housing projects. 9. Each State shall in accordance with principles to be agreed upon from time to time between the Treasurer of the Commonwealth and the Treasurer of the State allocate dwellings amongst persons who are in need of proper housing accommodation and so that in each allocation not less than such number of dwellings erected in each financial year as shall from time to time be agreed upon between the Treasurer of the Commonwealth and the Treasurer of the State shall be allotted to members or discharged members of the Forces, or persons who arc serving or served in the Merchant Navy during the war or the dependants of members or discharged members of the Forces or of such persons or widows of deceased members or deceased discharged members of the Forces or of such persons. 10. (1) The weekly rent of dwellings shall be calculated in manner provided in the First Schedule to this Agreement. The amount so calculated is in this Agreement referred to as the " economic rent". (2) The provisions for calculation of the economic rent as set out in the First Schedule to this Agreement may from time to time be varied in respect of any particular State by agreement between the Treasurer of the Commonwealth and the Treasurer of that State but so that any such agreement shall have no force or effect unless the Treasurers of all the States agree to the variation. M 11. (1) Each State agrees that tenants of dwellings may be granted a rebate of rent calculated in such manner as may from time to time be agreed upon between the Treasurer of the Commonwealth and the Treasurer of the State and unless and until otherwise agreed, in the manner provided in this clause (but so that in no case shall the rent of a dwelling be less than eight shillings per week), that is to say— (a) if the family income of the tenant is equal to the basic wage the rebate shall be an amount equivalent to the sum by which the economic rent of the dwelling exceeds one-fifth of the family income; (b) if the family income of a tenant is less than the basic wage the rebate which would have been granted if the family income had been equal to the basic wage shall be increased by one-quarter of the amount by which the family income is less than the basic wage; and (a) Variations have been so made. 1958. Housing. No. 6275

FOURTH SCHEDULE—continued. (c) if the family income exceeds the basic wage the rebate which would have been granted if the family income had been equal to the basic wage shall be decreased by one-third of the amount by which the family income exceeds the basic wage. If any rebate as so calculated is not a multiple of sixpence, the rebate shall be the next lowest multiple of sixpence. (2) Any agreement between the Treasurer of the Commonwealth and the Treasurer of a State providing with respect to that State for the alteration of the manner in which a rebate of rental is to be calculated shall have no force or effect unless the Treasurers of all the States agree to such alteration. (3) No rebate of rent shall be granted in respect of any dwelling except application by the tenant and after a proper investigation of the family income of the tenant or if the housing authority thinks fit upon production by the tenant of evidence to the satisfaction of the housing authority of the family income which evidence may be by way of Statutory Declaration or otherwise as the housing authority may in any particular case decide. If any rebate is granted, then at the expiration of a period of six months after the granting thereof, the rebate shall cease to be granted and the economic rent of the dwelling shall be charged, unless the tenant makes application for the grant of a rebate and the housing authority, after proper investigation or the production of evidence as aforesaid as the housing authority thinks fit, is satisfied that, in pursuance of this Agreement, the rebate should be granted. Notwithstanding the aforesaid provisions, the housing authority may at any time investigate the family income of a tenant, and may decide that the rebate should be varied or should cease to be granted. (4) The agreement of tenancy in respect of any dwelling in respect of which any rebate or rent is granted shall provide that the rent of the dwelling shall be the ecomonic rent thereof calculated in manner provided by the First Schedule to this Agreement, but subject to such a rebate ascertained as provided by this Agreement as may be granted from time to time by the housing authority.

12. (1) The family income of a tenant of a dwelling shall for the purposes of clause 11 comprise the total of the following:— (a) the whole of the weekly income of that one of the following persons as is the highest weekly income, namely, the tenant, the spouse of the tenant, and any person resident in the dwelling who is related to the tenant or the spouse of the tenant; (b) two-thirds of the weekly income of that one of the persons mentioned in paragraph (a) of this sub-clause as is the next highest weekly income; (c) one-third of the weekly income of every other person such as is mentioned in paragraph (a) of this sub-clause whose weekly income or any part thereof has not previously been included in the weekly income computed as aforesaid but so that in any such case, not more than thirty shillings of the weekly income of any person to whom this paragraph refers shall be included, and where the weekly income of any such person is less than ten shillings the income of that person shall be excluded in computing the family income; and (rf) one-third of the weekly income of any person living with the tenant and resident in the dwelling (not being the spouse of the tenant or a person who is related to the tenant or the spouse of a tenant) whose weekly income, in the opinion of the housing authority, should be included in the weekly income, but so that, in any such case, not more than thirty shillings of the weekly income of any such person shall be included, and where the weekly income of any such person is less than ten shillings the income of that person shall be excluded in computing the family income. (2) In this clause weekly income of any person includes all income received by that person from whatsoever source, and includes the value of any allowance made to that person by his or her employer, but does not include any amount 78 1958. Housing. No. 6275

FOURTH SCHEDULE—continued. received under the Child Endowment Act 1941-1945 of the Commonwealth, or the Maternity Allowance Act 1912-1943 of the Commonwealth. In computing the weekly income of any person no allowance shall be made for taxation or other statutory deductions or payments, or superannuation payments and all such deductions and payments shall be deemed to be part of the weekly income. (3) For the purposes of this clause, a person who has been adopted by any other person shall be deemed to be related to that other person. (4) If pursuant to the order of any Court or pursuant to any separation agreement, the tenant and the spouse of the tenant are living apart or, if the housing authority is satisfied that the tenant (if a woman) has been deserted by her spouse, the weekly income of the spouse shall not be included in the family income for the purposes of this clause unless the housing authority is of the opinion that that weekly income should be so included. (5) If at any time when it is necessary to ascertain the weekly income of any person for the purposes of this clause and the housing authority is of the opinion that, at that time, the weekly income is more or is less than the weekly income usually received by that person, the weekly income of that person shall for the purposes of this clause, be presumed to be the usual weekly income of that person except in a case where the housing authority is of the opinion that such a presumption would cause undue hardship. 13. The Housing authority shall be responsible for the maintenance in good repair and condition of dwellings leased and their equipment. See Fifth 14. (1) A dwelling may be sold by a State at any time after its completion Schedule for but except with the consent in writing of the Treasurer of the Commonwealth new clause 14 a dwelling shall not be sold at or for a price less than the capital cost of the substituted by Agreement of dwelling ascertained in accordance with the provisions of the First Schedule to this 16th April, Agreement provided that the total repayments of principal (included in the 1955. annual amortisation allowance mentioned in sub-paragraph (a) of paragraph 4 of the First Schedule to this Agreement) in respect of the dwelling may be regarded as part of the purchase price for the purpose of this sub-clause. (2) The State shall pay to the Commonwealth the full purchase price of the dwelling payable by the purchaser. (3) Any loss resulting from the sale of a dwelling as provided in sub-clause (1) of this clause shall be included as a separate item in the annual statement supplied by the Treasurer of the State to Treasurer of the Commonwealth as provided in paragraph 1 of the Second Schedule to this Agreement and shall be borne as to three-fifths by the Commonwealth and as to two-fifths by the State. (4) Except for the purposes of sub-clauses (2) and (3) hereof this Agreement shall as from the date of sale of a dwelling cease to apply to that dwelling. 15. (1) With the object of assisting each of the States in the administration of its housing projects, the Commonwealth subject to the State observing the provisions of this Agreement on its part to be observed will after the end of each financial year concerned contribute to each State a portion of any losses incurred in that financial year by the State in or in connexion with the administration by the State of its housing projects. Any such loss shall be ascertained in manner provided by the Second Schedule to this Agreement. (2) The manner of ascertaining losses incurred by a State in respect of its housing projects as set out in the Second Schedule to this Agreement may from time to time be varied by agreement between the Treasurer of the Commonwealth and the Treasurer of the State but so that any such agreement shall have no force or effect unless the Treasurers of all the States agree to such variation. (fl) (3) In respect of the cost incurred in or in connexion with the provision by a State of community facilities associated with any housing project under this Agreement the Treasurer of the Commonwealth and the Treasurer of the State may enter into an arrangement providing for a contribution by the Commonwealth of such amount as may be agreed upon between them. 16. (1) Subject as provided in sub-clause (2) of this clause, this Agreement shall as between the Commonwealth and each State apply (in addition to a housing project carried out by a State after the third day of December, 1943 (a) Variations have been so made. 1958. Housing. No. 6275

FOURTH SCHEDULE—continued. and before the date of this Agreement) to housing projects commenced or carried out during the period of ten years commencing on the date on which this Agreement between the Commonwealth and that State shall come into force. (2) Either the Commonwealth or a State may give to the other twelve calendar months' notice in writing that this Agreement shall not as between the Commonwealth and that State apply to any housing project commenced after the expiration of a period of twelve calendar months after the date of the notice and thereupon this Agreement shall not apply to any housing project commenced by that State after the expiration of the said period of twelve calendar months. 17. Any notice or communication to be given or made by the Commonwealth to a State under this Agreement shall be deemed to have been duly given or made if signed by or on behalf of the Prime Minister and sent by prepaid post addressed to the Premier of the State and any notice or communication to be given or made by a State to the Commonwealth under this Agreement shall be deemed to have been duly given or made if signed by or on behalf of the Premier of the State and sent by prepaid post addressed to the Prime Minister.

THE FIRST SCHEDULE TO THE COMMONWEALTH AND STATE HOUSING AGREEMENT. M

PROVISIONS FOR CALCULATION OF ECONOMIC RENTS.

1. The capital cost of any housing project carried out by a housing authority shall be the total of the following amounts:— (a) the amount expended by the housing authority in the construction of the dwellings included in the housing project (including the provision of fencing, sewerage and other services), and in the construction of any outbuildings, and in carrying out any improvements on the land appurtenant to the dwellings; (b) any interest paid or payable during the course of construction by the housing authority on the amounts expended as provided in paragraph (a) of this paragraph; (c) any costs incurred or assessed by way of fees or salaries paid or payable to architects, clerks of works, surveyors or other persons, by the housing authority in the sub-division of the land comprised in the housing project, in the design of the housing project or the dwellings comprised therein, the supervision of the construction of the dwellings, or in carrying out any other works necessary to prepare and complete the housing project; (d) any administration costs incurred or assessed by the housing authority in the carrying out of the housing project or the construction of the dwellings comprised therein or incurred or assessed in the purchase of the land upon which the housing project is carried out, but so that the total of all such costs shall not exceed ten shillings per centum of the amount referred to in sub-paragraph (a) of this paragraph or such other percentage as may from time to time be agreed upon by the Treasurer of the Commonwealth and the Treasurer of a State; (e) the cost of the land upon which the housing project is carried out (including land dedicated or otherwise set apart for streets, roads or thoroughfares or for parks, gardens, reserves, or other public open spaces) together with any interest paid or payable by the housing authority upon the purchase price of the land from the time of the purchase thereof until the completion of the housing project, and together with any local government,

(a) Variations have been made to this First Schedule pursuant to clause 10 of the Agreement. 1958. Housing. No. 6275

FOURTH SCHEDULE—continued. water, sewerage or other rates and taxes paid or payable by the housing authority in respect of the said land during the said period (whether any such rates and taxes are payable to the Government of the State or otherwise): Provided that the amount of the said cost in respect of land dedicated or set apart for parks, gardens, reserves or other public open spaces which may be included in the capital cost shall not exceed fifteen per centum of the cost of all the land referred to in this sub-paragraph, or such other percentage as may from time to time be agreed between the Treasurer of the Commonwealth and the Treasurer of a State; (/) the cost incurred by the housing authority for the purposes of forming, making, paving, kerbing or draining any streets, roads or thoroughfares for the purpose of the housing project; and (g) the cost incurred by the housing authority of draining or otherwise making suitable for the purpose of the housing project, any land comprised in the housing project.

2. The capital cost of any dwelling included in a housing project shall be ascertained as follows:— (a) If all the dwellings included in the housing project provide the same or substantially the same accommodation and are of the same kind of construction, the capital cost of each dwelling shall be the quotient obtained by dividing the capital cost of the housing project by the number of dwellings included therein. (b) If more than one type of dwelling is included in the housing project and so that the accommodation provided in each type is substantially different from the accommodation provided in the other types of dwellings, the capital cost of the dwellings of each type which are of the same kind of construction shall be the total of— (i) The quotient obtained by dividing the total of the amounts mentioned in sub-paragraphs (a) and (b) of paragraph 1 of this Schedule and expended or paid or payable for the purpose of the construction of dwellings of that type and of that kind of construction, by the total number of dwellings of that type and of that kind of construction ; and (ii) the quotient obtained by dividing the total of the amounts mentioned in sub-paragraphs (c) to (g) (inclusive) of paragraph 1 of this Schedule, by the total number of dwellings included in the housing project. (c) If dwellings of more than one kind of construction are included in the housing project, the capital cost of dwellings of each kind of construction shall be ascertained in the manner provided by sub-paragraph (6) of this paragraph and the provisions of that sub-paragraph shall mutatis mutandis apply accordingly. 3. If at any time it is necessary for the housing authority to ascertain the capital cost of a dwelling and to fix the economic rent thereof, and by reason of the non-completion of the whole of the housing project in which the dwelling is comprised or for any other reason, the capital cost cannot be ascertained exactly, the housing authority shall make an estimate of the probable capital cost of the dwelling and fix the economic rent of the dwelling upon that estimate. The actual capital cost of the dwelling shall be ascertained by the housing authority as soon as may be and, if the actual capital cost differs from the estimated capital cost, the economic rent of the dwelling shall be varied accordingly. 4. The economic rent of any dwelling shall be calculated by the housing authority according to the following formula :— (a) Annual amortisation allowance to provide for payment of interest (at the appropriate rate payable by the State to the Commonwealth) on the capital cost of the 1958. Housing. No. 6275 81

FOURTH SCHEDULE—continued. dwelling over 53 years or over such shorter period as may be agreed upon according to clause 6 of this Agreement and repayment of principal (6) Maintenance (c) Rates and taxes (d) Insurance Sub-total Vacancies and defaults (5 per cent, of sub-total) (e) Administration Annual Rent (/) Economic rent (Ta*of annual rent) (a) The amortisation allowance shall be an amount which is sufficient to make provision for the repayment to the Commonwealth of the advance concerned and interest thereon as provided for by clause 6 of this Agreement. The amortisation allowance shall be so computed that the capital cost shall be recouped to the housing authority together with interest on the capital cost or any outstanding balance thereof, by means of equal annual instalments of principal and interest during the whole period for the amortisation of the capital cost. (b) The amount to be included for maintenance shall be the amount fixed by the housing authority from time to time. The amount so fixed shall, except when varied by the housing authority, be constant over the amortisation period in respect of the dwelling and be an amount which, in the opinion of the housing authority, will be sufficient to provide for reasonable maintenance charges likely to be incurred throughout the amortisation period. (c) The amount to be included for rates and taxes shall be such amount as the housing authority from time to time considers sufficient to meet the payments of local government, water, sewerage and other rates and of taxes levied upon the dwelling and its appurtenant land. (d) The amount to be included as insurance shall be such amount as the housing authority from time to time considers sufficient to provide for the purpose, but shall not exceed the appropriate basic premium rates from time to time determined by the War Service Homes Commissioner with respect to property insured in pursuance of section 38 of the War Service Homes Act 1918 of the Commonwealth as amended from time to time. (e) The amount to be included for administration shall be such amount, not exceeding five pounds per dwelling per annum, as is fixed from time to time by the housing authority. (/) The amount to be fixed as the economic rent shall, if the amount fixed according to the formula is not a multiple of sixpence, be the next higher amount being such a multiple. 5. Subject to compliance with the other provisions of this Schedule, the housing authority may from time to time vary the economic rent payable in respect of any dwelling. 6. The Housing authority may fix as the economic rent of any dwelling a sum which is greater or less that the amount which, in accordance with the formula in paragraph 4 of this Schedule, should be fixed as the economic rent, but the total of all rents fixed as economic rents for all dwellings in all the housing projects of the housing authority completed at the time of fixation shall be not less than the amount which .would be the total of all economic rents fixed for all those dwellings if fixed in accordance with the formula in paragraph 4 of this Schedule. 82 1958. Housing. No. 6275

FOURTH SCHEDULE—continued. THE SECOND SCHEDULE TO THE COMMONWEALTH AND STATE HOUSING AGREEMENT. CO

MANNER OF ASCERTAINING LOSSES INCURRED BY A STATE IN OR IN CONNEXION WITH THE ADMINISTRATION OF HOUSING PROJECTS.

1. As soon as practicable after the end of each financial year, the Treasurer of the State shall supply to the Treasurer of the Commonwealth a statement showing the amount of any losses incurred by the State during the financial year in respect of its housing projects. The following provisions shall apply for the purposes of preparing any such statement. 2. The basis on which any such statement shall be prepared for any such losses ascertained in respect of any financial year shall be the basis of cash receipts and payments for that financial year. 3. The statement shall be divided into two parts, one headed '' Receipts " and the other headed " Payments ". 4. The part headed " Receipts " shall consist of the following :— (a) the amounts actually received during that financial year as rents from tenants of all dwellings included in the housing projects ; and (6) any other amounts actually received as revenue during that financial year from the housing projects. 5. The part headed " Payments " shall consist of the following :— (a) the total of any amounts paid by the housing authorities during that financial year for the administration costs of the housing authorities in respect of the letting and management of dwellings included in the housing projects, and otherwise in the administration and management of the housing projects but not including any administration costs included as part of the capital costs of any dwellings ; (6) the total of any amounts paid by the housing authorities during that financial year for the maintenance of the dwellings included in the housing projects and any land appurtenant to any such dwellings; (c) the total of any amounts paid by the housing authorities during that financial year by way of local government, water or sewerage, or other rates or by way of taxes payable in respect of dwellings included in the housing projects, or any land appurtenant to any such dwellings, and whether any such rates or taxes were paid to the Government of the State or otherwise; (d) the total of any amounts paid by the housing authorities during that financial year to rebuild or repair any dwelling included in the housing projects which has been destroyed or damaged by fire or otherwise; (e) the total of any amounts paid by the housing authorities during that financial year as interest on any loan advanced to the housing authorities by the State for the purpose of carrying out any housing project and which has not been included as part of the capital cost of the housing project; and (/) the total of any amounts paid by the housing authorities in repayment of any loan advanced to them by the State for the purpose of carrying out any housing project. 6. If the total of the part headed " Payments" exceeds the total of the part headed " Receipts" the total of the part headed " Receipts" shall be substracted from the total of the part headed " Payments" and the sum so obtained shall be deemed to be the loss incurred by the State in that year and shall be allocated as to three-fifths to the Commonwealth and as to two-fifths to the State. (a) Variations have been made to this Second Schedule pursuant to clause 15 of the Agreement. 1958. Housing. No. 6275

FOURTH SCHEDULE—continued. 7. Any statement made pursuant to this Schedule shall be certified as correct by the Auditor-General of the State. 8. For the purpose of ascertaining any loss incurred during any financial year in respect of housing projects the receipts and payments in respect of that financial year only shall be taken into account and no regard shall be had to any receipts and payments in any previous financial year received or made by the housing authority, the Commonwealth, or the State.

IN WITNESS whereof the Prime Minister of the Commonwealth of Australia and the Premiers of each of the States of New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania have signed this Agreement respectively for and on behalf of the Commonwealth of Australia and of the said States. Signed by the Prime Minister of the"| Commonwealth of Australia for and] on behalf of the said Commonwealth} J. B. CHIFLEY. in the presence of— M. L. TYRRELL. J Signed by the Premier of the State of] New South Wales for and on behalf | of the said State in the presence of— £ W. J. McKELL. I J. W. FERGUSON. J Signed by the Premier of the State of Victoria for and on behalf of the said State in the presence of— IAN MACFARLAN. J. L. GILLIES. Signed by the Premier of the State of] Queensland for and on behalf of| the said State in the presence of— FRANK A. COOPER. E. A. FERGUSON. Signed by the Premier of the State of South Australia for and on behalf of the said State in the presence of— T. PLAYFORD. M. A. F. PEARCE. Signed by the Premier of the State of Western Australia for and on behalf of the said State in the presence of— F. J. S. WISE. ALEX J. REID. Signed by the Premier of the State of] Tasmania for and on behalf of I the said State in the presence of—\ R. COSGROVE. E. PARKES.

FIFTH SCHEDULE.

AN AGREEMENT made the sixteenth day of April One thousand nine hundred and fifty-five BETWEEN THE COMMONWEALTH OF AUSTRALIA (in this Agreement called " the Commonwealth") of the first part THE STATE OF NEW SOUTH WALES of the second part THE STATE OF VICTORIA of the third part THE STATE OF QUEENSLAND of the fourth part THE STATE OF SOUTH AUSTRALIA of the fifth part and THE STATE OF WESTERN AUSTRALIA of the sixth part, and intended to 1958. Housing. No. 6275

FIFTH SCHEDULE—continued. be supplemental to the Agreement (in this Agreement called " the Principal Agreement") made on the nineteenth day of November, One thousand nine hundred and forty-five, between the Commonwealth and the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania and referred to as the Commonwealth and State Housing Agreement. WHEREAS the Principal Agreement was authorized or approved by the Parliaments of the Commonwealth and of the said States: AND WHEREAS in or about the month of August in the year One thousand nine hundred and fifty the State of Tasmania withdrew from the rental housing scheme referred to in the Principal Agreement and is no longer regarded as a party to the Principal Agreement: AND WHEREAS it is provided by clause 14 of the Principal Agreement that a dwelling erected under the Principal Agreement may be sold by a State subject to the conditions contained in that clause, and that thereupon the State shall pay to the Commonwealth the full purchase price of the dwelling payable by the purchaser and the Principal Agreement shall as from the date of sale of a dwelling cease to apply to that dwelling: AND WHEREAS it has been agreed between the parties to this Agreement that tenants of dwellings erected under the Principal Agreement may be allowed to purchase the dwellings on the terms and conditions set out in this Agreement, and that the Principal Agreement be amended accordingly: Now IT is HEREBY AGREED as follows:— 1. (1) This Agreement is subject to approval by the Parliament of the Commonwealth. (2) Notwithstanding that the States of New South Wales, Victoria, Queensland, South Australia and Western Australia are named as parties to this Agreement— (n) the Agreement shall, in the event of the Parliament of one or more of those States failing to authorize or approve the Agreement, operate as an agreement between the Commonwealth and the State or States which authorize or approve the Agreement as fully and effectually as if the State or States so authorizing or approving the Agreement were the only State or States named as a party or parties to the Agreement and the State or States failing to authorize or approve the Agreement were not named as a party or parties to the Agreement; and (i>) the Agreement shall as between the Commonwealth and any State come into force upon being authorized or approved by the Parliaments of the Commonwealth and that State. (3) In this Agreement, and in clause 14 of the Principal Agreement, as amended by this Agreement, each State which is named as a party to this Agreement and the Parliament of which shall authorize or approve this Agreement is referred to as a " State ", and the expression " the States " shall mean, where the context so permits or requires, all of those States so authorizing or approving this Agreement.

2. The Commonwealth shall provide for or secure the execution by it and its instrumentalities of the obligations of the Commonwealth arising pursuant to this Agreement and each of the States shall provide for or secure the execution by that State and by its instrumentalities of the obligations of that State arising pursuant to this Agreement. 3. Clause 6 of the Principal Agreement is amended— (o) by omitting from sub-clause (2) the words "sub-clause (2) of"; and (b) by omitting from sub-clause (3) the word "Each" and inserting in its stead the words " Subject to clause 14 of this Agreement, each ". 4. Clause 14 of the Principal Agreement is omitted and the following clause inserted in its place:— "14. (1) A dwelling may be sold by a State at any time after its completion to the tenant of the dwelling on such terms and conditions, not inconsistent with this clause, as are prescribed or fixed by that State. 1958. Housing. No. 6275

FIFTH SCHEDULE—continued. " (2) The purchase price of a dwelling sold under this clause shall be fixed by the State. " (3) A dwelling sold under this clause, otherwise than for cash, to the tenant of the dwelling, not being an eligible person within the meaning of the War Service Homes Act 1918-1954 (which expression in this Agreement includes the wife of an eligible person who is temporarily or permanently insane) obtaining an advance under that Act, shall be sold subject to the following terms and conditions:— (a) the minimum deposit shall be five per centum of the first Two thousand pounds of the purchase money plus ten per centum of the amount by which the purchase money exceeds Two thousand pounds; (ft) the total repayments of principal (included in the annual amortisation allowance mentioned in sub-paragraph (a) of paragraph 4 of the First Schedule to this Agreement) paid by the purchaser as the tenant or by a spouse of the tenant as tenant of the dwelling up to the date of the sale, or such part thereof as is determined by the State, may be credited to the purchaser and may be regarded as part of the deposit, but the purchaser shall pay in cash by way of deposit not less than five per centum of the purchase price; (c) the rate of interest to be charged to a purchaser in respect of any purchase money owing to a State shall be Four pounds ten shillings per centum per annum or such other rate as may be agreed from time to time between the Treasurer of the Commonwealth and the Treasurer of the State; (rf) the balance of purchase money remaining after payment of the cash deposit and crediting the purchaser with repayments of principal in accordance with paragraph (fc) of this sub-clause shall not exceed Two thousand seven hundred and fifty pounds; and (e) the period of repayment of the balance of purchase money shall not exceed forty-five years. " (4) In respect of a dwelling which is sold for cash, a State shall pay to the Commonwealth forthwith the capital cost of the dwelling ascertained in accordance with the First Schedule to this Agreement, less the total repayments of principal (included in the annual amortisation allowance mentioned in sub-paragraph (a) of paragraph 4 of the First Schedule to this Agreement) in respect of the dwelling up to the date of sale, and the amount of the State's indebtedness to the Commonwealth under sub-clause (2) of clause 6 of this Agreement shall be reduced by the amount so paid to the Commonwealth. " (5) Where the tenant of a dwelling is an eligible person within the meaning of the War Service Homes Act 1918-1954 who desires to purchase the dwelling from the Director of War Service Homes (in this clause called 'the Director') in pursuance of that Act, or to obtain an advance under that Act to enable him to purchase the dwelling, the State may, if requested so to do by the Director, sell the dwelling to the Director or to that eligible person,' in which event no amount of money shall be payable to the State by the Director or the eligible person, as the case may be, but the State shall transfer to the Director or to the eligible person, as the case may be, an estate in fee simple in the land on which the dwelling is erected, if the dwelling is erected on freehold land, or issue a Crown lease in perpetuity to the Director or to the eligible person, as the case may be, if the dwelling is erected on Crown land, subject in either case to the reservations, exceptions and conditions (if any) contained in the Crown grant or Crown lease, as the case may be, and to such incumbrances, reservations, exceptions, covenants or conditions subject to which the sale is expressly made, and the amount of the State's indebtedness to the Commonwealth under sub-clause (2) of clause 6 of this Agreement shall as from the date of sale be reduced by the amount of the purchase price of the dwelling less repayments of principal (included in the annual amortisation allowance mentioned in sub-paragraph (a) of paragraph 4 of the First Schedule to this Agreement) paid by the tenant of the dwelling up to the date of sale and credited to the purchaser. 1958. Housing. No. 6275

FIFTH SCHEDULE—continued. " (6) Where a State sells a dwelling under this clause, otherwise than for cash not being a dwelling sold in accordance with sub-clause (5) of this clause— (a) the State will pay to the Commonwealth the cash deposit received from the purchaser; (Z») the State will pay to the Commonwealth the capital cost of the dwelling ascertained in accordance with the First Schedule to this Agreement, less— (i) the total repayments of principal (included in the annual amortisation allowance mentioned in sub-paragraph (a) of paragraph 4 of the First Schedule to this Agreement) in respect of the dwelling up to the date of sale; and (ii) the cash deposit paid by the State to the Commonwealth under the last preceding paragraph, and interest thereon, computed from the date of sale, by equal annual instalments of principal and interest over a period of forty-five years, or such less period as may be agreed between the Treasurer of the Commonwealth and the Treasurer of the State; and (c) the amount of the State's indebtedness to the Commonwealth under sub-clause (2) of clause 6 of this Agreement shall be reduced by the capital cost of the dwelling ascertained in accordance with the First Schedule to this Agreement, less the total repayments of principal (included in the annual amortisation allowance mentioned in sub-paragraph (a) of paragraph (4) of the First Schedule to this Agreement) in respect of the dwelling up to the date of sale.

" (7) The rate of interest payable by the State to the Commonwealth under the last preceding sub-clause in respect of a dwelling sold shall be the rate charged by the Commonwealth pursuant to clause 6 of this Agreement in respect of advances at the date on which the construction of that dwelling was completed, or such other rate as may be agreed between the Treasurer of the Commonwealth and the Treasurer of the State, but the rate of interest payable in respect of a dwelling the construction of which is or was completed on or before the 30th day of June, 1955, shall not exceed that charged as aforesaid on the 1st day of July, 1954.

" (8) Nothing in this Agreement shall prevent the purchase of a dwelling by the tenant and his spouse jointly and in any such case the provisions of this clause shall be applied with such consequential alterations as may be necessary.

" (9) As from the date of sale, this Agreement, other than this clause and clause 6 as affected by this clause, shall cease to apply to a dwelling sold under this clause.

" (10) The ' date of sale' shall mean the day next following the date on which, under the relevant contract of sale with the appropriate Instrumentality of the State, the purchaser ceases to be tenant of the dwelling.

"(11) The accounting arrangements under which payments due by a State to the Commonwealth under this clause shall be made shall be as agreed from time to time between the Treasurer of the Commonwealth and the Treasurer of that State."

IN WITNESS whereof the parties to these presents have executed these presents the day and year first above-written. 1958. Housing. No. 6275

FIFTH SCHEDULE—continued. SIGNED SEALED AND DELIVERED by The' Right Honourable ROBERT GORDON MENZIES Prime Minister of the Commonwealth for and on behalf of the ROBERT G. MENZIES (L.S.) Commonwealth in the presence of— RONALD MENDELSOHN

SIGNED SEALED AND DELIVERED by The] Honourable JOHN JOSEPH CAHILL Premier of the State of New South Wales for} J. J. CAHILL. and on behalf of that State in the presence} of—J. GOODSELL. J

SIGNED SEALED AND DELIVERED by The] Honourable JOHN CAIN Premier of the State of Victoria for and on behalf of that}- JOHN CAIN (L.S.) State in the presence of— T. FORRISTAL

SIGNED SEALED AND DELIVERED by The] Honourable VINCENT CLAIR GAIR Premier of the State of Queensland for and oni- V. C. GAIR (L.s.) behalf of that State in the presence of— | c. J. MCPHERSON J SIGNED SEALED AND DELIVERED by The" Honourable THOMAS PLAYFORD Premier and Treasurer of the State of South T. PLAYFORD (L.S.) Australia for and on behalf of that State in the presence of—W. C. LANGCAKE

SIGNED SEALED AND DELIVERED by The' Honourable ALBERT REDVERS GEORGE HAWKE Premier of the State of Western A. R. G. HAWKE (L.S.) Australia for and on behalf of that State in the presence of—R. H. DOIG

SIXTH SCHEDULE. AN AGREEMENT made the thirteenth day of February One thousand nine hundred and fifty-seven BETWEEN THE COMMONWEALTH OF AUSTRALIA (in this Agreement called " the Commonwealth ") of the first part, THE STATE OF NEW SOUTH WALES of the second part, THE STATE OF VICTORIA of the third part, THE STATE OF QUEENSLAND of the fourth part, THE STATE OF SOUTH AUSTRALIA of the fifth part, THE STATE OF WESTERN AUSTRALIA of the sixth part, and THE STATE OF TASMANIA of the seventh part. WHEREAS by an agreement made the nineteenth day of November, 1945, between the Commonwealth and the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania and, pursuant to the terms, of that agreement, varied as between the Commonwealth and certain of the States parties thereto by agreements dated respectively the twenty-sixth day of November, 1948, the thirtieth day of December, 1949, the twenty-fourth day of November, 1952, and the fifth day of March, 1954, entered into between the Treasurer of the Commonwealth and the Treasurers of certain States, and by an agreement dated the sixteenth day of April, 1955, between the Commonwealth and the States of New South Wales, Victoria, Queensland, South Australia and Western Australia further amended as between the Commonwealth and those States (which agreement, as varied from time to time, is in this agreement called " the 1945 Agreement") provision was made for the carrying out by the said States with the assistance of the Commonwealth of rental housing projects: AND WHEREAS the 1945 Agreement was authorized or approved by the Parliaments of the Commonwealth and of the said States: AND WHEREAS in or about the month of August, 1950, the State of Tasmania withdrew from the rental housing scheme the subject of the 1945 Agreement and is no longer regarded as a party to the 1945 Agreement: 88 1958. Housing. No. 6275

SIXTH SCHEDULE—continued. AND WHEREAS, by reason of sub-clause (1) of clause 16 of the 1945 Agreement, the 1945 Agreement does not apply to housing projects commenced by the following States after the respective dates specified below, namely:— the State of New South Wales—the first day of April, 1956; the State of Victoria—the thirtieth day of April, 1956; the State of Queensland—the thirteenth day of December, 1955; the State of South Australia—the third day of January, 1956; the State of Western Australia—the fifteenth day of January, 1956: AND WHEREAS the Commonwealth has proposed to the States that the Commonwealth will grant further financial assistance under section 96 of the Commonwealth of Australia Constitution to the States for housing upon the terms and conditions set out in this agreement: AND WHEREAS the Parliament of the Commonwealth has authorized the execution by and on behalf of the Commonwealth of this agreement: Now IT is HEREBY AGREED as follows: Approval of 1. (1) Notwithstanding that all the States of New South Wales, Victoria Parliaments. Queensland, South Australia, Western Australia and Tasmania are named as parties to this agreement, this agreement shall operate as an agreement between the Commonwealth and each State, the Parliament of which authorizes or approves the agreement as fully and effectually as if the State or States the Parliament or Parliaments of which so authorizes or authorize or approves or approve the agreement were the only State or States named as a party or parties to the agreement. (2) This agreement shall, as between the Commonwealth and a State, come into force upon being authorized or approved by the Parliament of that State. (3) In this agreement, each State which is named as a party to this agreement and the Parliament of which authorizes or approves this agreement is referred to as a " State ", and the expression " the States " means, where the context so permits or requires, all of those States so authorizing or approving this agreement. Performance 2. The Commonwealth shall provide for or secure the performance by it of agreement. and its instrumentalities of the obligations of the Commonwealth under this agreement and each of the States shall provide for or secure the performance by that State and its instrumentalities of the obligations of that State under this agreement. Interpretation. 3. (1) In this agreement, unless the contrary intention appears— " building society " means a society registered under the laws of a State as a building or housing society, whether terminating or permanent and whether or not a co-operative society; " dependant" means a person who is wholly or partly dependent for his support upon the pay, earnings and income of, or upon a pension or compensation payable in consequence of the incapacity or death of, a person who is, or was, a member of the Forces; " dwelling" means a detached or semi-detached dwelling-house or a flat erected or to be erected by the State under this agreement and, subject to clause 11 of this agreement, includes such fences, out-buildings and other improvements and such connexions for sewerage, water, electricity and other services, as have been constructed for or are reasonably required to be constructed for that dwelling-house or flat; " eligible person " means an eligible person within the meaning of the War Service Homes Act 1918-1955 as amended from time to time and includes the wife of such an eligible person who is temporarily or permanently insane; " financial year" means a period of twelve months commencing on the first day of July; " home builder" means a person who requires finance for the erection or purchase of a home for himself; " member of the Forces " means a person who— (a) is, or during the war was, a member of the Active Permanent Forces, other than the Australian Imperial Force; 1958. Housing. No. 6275 89

SIXTH SCHEDULE—continued. (b) during the war was a member of the Australian Imperial Force; (c) was a member of the Citizen Forces enlisted, appointed or called up for continuous service for the duration of, and directly in connexion with, the war; (rf) served during the war in the Merchant Navy; (e) is, or during the war was, engaged on continuous full-time service as a member of any Nursing or Women's Service or Corps forming part of the Naval Military or Air Forces of the Commonwealth; (/) during the war was engaged on contiuous full-time paid duty with any part of the Defence Force as a member of a Voluntary Aid Detachment; (g) during the war was engaged on service as a member of the Naval, Military or Air Forces of any part of the dominions of His Late Majesty King George the Sixth other than Australia, and who was born in Australia or was, immediately prior to his becoming a member of any of those Forces, domiciled in Australia; (/») during the war was engaged on continuous full-time service with any Nursing Service or other Women's Service auxiliary to the Naval, Military or Air Forces of any part ot the dominions of His Late Majesty King George the Sixth other than Australia, and who was born in Australia or was, immediately prior to her becoming a member of that Service, domiciled in Australia; (i) being at the time of allotment— (i) a member of the Naval, Military or Air Forces of the Commonwealth, including a member of any Nursing or Women's Service or Corps forming part of those Forces; (ii) a member of the Naval, Military or Air Forces of any part of the Queen's Dominions other than Australia who was born in Australia or was, immediately prior to his becoming a member of any of those Forces, domiciled in Australia; or (iii) a person engaged on continuous full-time service with any Nursing Service or other Women's Service auxiliary to the Naval, Military or Air Forces of any part of the Queen's Dominions other than Australia and who was born in Australia or was, immediately prior to her becoming a member of that Service, domiciled in Australia, was allotted for duty outside Australia in or in connexion with the warlike operations in Korea after the twenty-sixth day of June, 1950, or in or in connexion with the warlike operations in Malaya after the twenty-eighth day of June, 1950, and, if he was so allotted while in Australia, or in a part of the Queen's Dominions other than the Commonwealth, left the last port of call in Australia or in that other part of the Queen's Dominions, as the case may be, for the purpose of serving in connexion with those operations; or (;') is or was included in a class of members or former members of the Naval, Military or Air Forces of the Commonwealth which the Prime Minister and the Premier of a State may at any time agree shall comprise members of the Forces for the purposes of this agreement in respect of that State; " the Director" means the Director of War Service Homes appointed for the purposes of the War Service Homes Act 1918-1955 and includes any person for the time being performing the duties of the office of the Director of War Service Homes; 90 1958. Housing. No. 6275

" the Loan Council " means the Australian Loan Council constituted under the Financial Agreement a copy of which is set forth in the Schedule to the Financial Agreement Act 1928 of the Commonwealth, as varied from time to time; " the Minister" means the Minister of State of the Commonwealth for the time being administering the Commonwealth Act authorizing this agreement or a member of the Executive Council of the Commonwealth acting for the time being for and on behalf of that Minister; " the war" means the war which commenced on the third day of September, 1939, and includes any other war in which His Late Majesty King George the Sixth became engaged after that date and before the date of this agreement. (2) In this agreement, unless the contrary intention appears, words in the singular number include the plural and words in the masculine gender include the feminine. 1945 4. (1) Subject to this clause, the operation of the 1945 Agreement shall be Agreement extended to deemed to have been, as between the Commonwealth and each of the States 30th June, other than the State of Tasmania, extended to the thirtieth day of June, 1956. 1956. (2) The 1945 Agreement shall continue, and be deemed to have continued, to apply after the thirtieth day of June, 1956, to and in respect of the dwellings completed and advances made under that agreement on or before the thirtieth day of June, 1956. (3) A dwelling commenced under the 1945 Agreement but not completed on or before the thirtieth day of June, 1956, shall be deemed to be erected under this agreement. (4) Moneys advanced by the Commonwealth in accordance with the 1945 Agreement and expended by a State for purposes other than the erection of dwellings completed on or before the thirtieth day of June, 1956, shall be deemed not to be an advance under the 1945 Agreement for the purpose of the calculation of a loss under sub-clause (1) of clause 15 of the 1945 Agreement. (5) Moneys advanced by the Commonwealth in accordance with this agreement and expended by a State on, and included in the capital cost of, dwellings completed on or before the thirtieth day of June, 1956, under the 1945 Agreement shall be deemed to be an advance under the 1945 Agreement for the purpose of the calculation of a loss under sub-clause (1) of clause 15 of the 1945 Agreement. (6) For the purposes of this clause, a dwelling shall be deemed to have been completed if it was occupied or ready for immediate occupation. Advance! to 5. (1) During the financial years commencing on the first day of July in States. the years 1956, 1957, 1958, 1959 and 1960, respectively, the Commonwealth will make advances to the States, subject to the terms of this agreement, for the purposes of the erection of dwellings and of the provision of finance to home builders. (2) Each State will, prior to the meeting of the Loan Council called to consider the borrowing programme to be approved by the Loan Council under the Financial Agreement for a financial year referred to in the last preceding sub-clause, notify the Commonwealth of the amount of the advances which the State requires under this agreement in that financial year. (3) The amount to be advanced to a State under this clause in respect of a financial year referred to in sub-clause (1) of this clause shall be such amount as may be agreed upon between the Commonwealth and that State, or, failing agreement, as may be allocated by the Commonwealth from the loan funds made available to the Commonwealth by the Loan Council in the approved borrowing programme in respect of that financial year.

Advances to 6. (1) The total advances made available to a State under clause 5 of this be allocated agreement in a financial year referred to in sub-clause (1) of clause 5 of this by States. agreement shall be divided into two parts, one part of which shall be used for the erection of dwellings by the State, and the other part of which shall be used to provide finance for home builders in accordance with this agreement by means of loans by the State to building societies and other institutions approved by the Minister. 1958. Housing. No. 6275 91

SIXTH SCHEDULE—continued. (2) During each of the financial years commencing on the first day of July, 1956, and the first day of July, 1957, respectively, each State shall allocate for the provision of finance for home builders not less than twenty per centum of the total advances made to that State under clause 5 of this agreement in that financial year. (3) During each of the financial years commencing on the first day of July in the years 1958, 1959 and 1960, respectively, each State shall allocate for the provision of finance for home builders not less than thirty per centum of the total advances made to that State under clause 5 of this agreement in that financial year. 7. (1) Of the advances made to a State which pursuant to clause 6 of this Funds for agreement are to be used for the erection of dwellings by the State, the State *?"** shall set aside such portion as may be specified by the Minister from time to ""e111"^- time, but not exceeding in a financial year five per centum of the amount of those advances in that financial year, for the purposes of clause 13 of this agreement. (2) During each of the financial years referred to in clause 5 of this agreement the Commonwealth will, in addition to the advances made under clause 5 of this agreement, advance to the State an amount equal to the amount set aside in that financial year by the State under the last preceding sub-clause. 8. The amounts to be advanced in a financial year to a State pursuant to Advances to clause 5 and to sub-clause (2) of clause 7 of this agreement shall be made be made by available by the Commonwealth in that financial year by equal monthly instalment*, instalments unless otherwise agreed between the Treasurer of the Commonwealth and the Treasurer of the State. 9. (1) Each advance made by the Commonwealth to a State under this interest, agreement shall bear interest computed from the date upon which the advance is made at a rate per centum per annum ascertained in accordance with sub-clauses (2), (3) and (4) of this clause. (2) In respect of advances made during the financial years commencing on the first day of July, 1956, and the first day of July, 1957, respectively, the rate shall be the long term bond rate less— (a) three-quarters of one per centum per annum, if the long term bond rate does not exceed four and one-half per centum per annum; or (b) one per centum per annum, of the long term bond rate exceeds four and one-half per centum per annum. (3) In respect of advances made during the financial years commencing on the first day of July in the years 1958, 1959 and 1960, respectively, the rate shall be as agreed between the Commonwealth and the States, or, in default of agreement, as determined by the Treasurer of the Commonwealth, but not exceeding the long term bond rate less three-quarters of one per centum per annum. (4) For the purposes of sub-clauses (2) and (3) of this clause, the long term bond rate shall be the interest rate payable in respect of a Commonwealth Public Loan having a currency exceeding five years being raised in Australia at the date the advance is made or, if none is being raised at that date, in respect of the Commonwealth Public Loan having a currency exceeding five years last raised in Australia prior to that date. (5) On the thirty-first day of December and the thirtieth day of June of each financial year referred to in clause 5 of this agreement each State will pay to the Commonwealth the interest which has accrued up to that thirty-first day of December or thirtieth day of June as the case may be on the advances made to that State during that financial year. 10. (1) Subject to sub-clause (2) of clause 15 of this agreement, each State Repayment ot will repay to the Commonwealth the amount of each advance made to the advances by State under this agreement together with interest thereon as aforesaid (except States- such interest as is paid by the State under sub-clause (5) of the last preceding clause) by equal annual instalments of principal and interest so that the whole of the amount of the advance and interest will be repaid in fifty-three years from the beginning of the financial year next succeeding the financial year in 92 1958. Housing. No. 6275

SIXTH SCHEDULE—continued. which the advance was made, the first such instalment being payable on or before the end of the financial year next succeeding the financial year in which the advance was made. (2) Accounting procedures in respect of the repayment of advances will be as agreed upon between the Treasurer of the Commonwealth and the Treasurer of each State or, in default of agreement, as determined by the Treasurer of the Commonwealth, but nothing in this sub-clause shall affect the other provisions of this agreement.

Use of 11. (1) Except as otherwise provided in this agreement, dwellings erected advances for with that part of the advances which pursuant to clause 6 of this agreement are to erection of dwellings. be used for the erection of dwellings shall be of reasonable size and standard, primarily for families of low or moderate means, and may be built in such localities and in accordance with such policy as the State deems fit. (2) The dwellings referred to in the last preceding sub-clause may comprise blocks of flats, especially in high-density population areas, but, except by agreement between the Minister and the appropriate Minister of the State, no block of flats shall exceed three storeys in height above the main entrance level. (3) A State may use advances which are to be used for the erection of dwellings— (a) for the resumption or acquisition on just terms of land upon which the dwellings are to be erected; and (b) subject to clause 12 of this agreement, to meet costs incurred by the State for the purposes of— (i) forming, making, paving, kerbing or draining any streets, roads or thoroughfares for the purpose of the dwellings; and (ii) draining or otherwise making suitable for the purpose of the dwellings, land upon which the dwellings are to be erected.

Manner in 12. A State will ensure that advances by the Commonwealth are not used which advances m?y for- not be used. (a) shops; (6) except as may otherwise be agreed between the Minister and the appropriate Minister of the State, works, such as the construction of drainage systems or mains for sewerage, water, electricity or other services, which are normally the financial responsibility of Local Government or public utility authorities; or (c) materials and works other than those required for the purpose of the erection of dwellings. Dwellings 13. (1) Each State shall use the moneys set aside by it under sub-clause (1) for serving members of of clause 7 of this agreement and the moneys advanced to it under sub-clause the Forces. (2) of that clause for the purpose of the erection of dwellings for allotment to serving members of the Naval, Military and Air Forces of the Commonwealth in accordance with this clause. (2) Dwellings erected by the State pursuant to this clause shall be of a size and standard normally erected by the State in pursuance of sub-clause (1) of clause 11 of this agreement. (3) The State shall erect the dwellings in such localities and shall distribute the dwellings among those localities in such manner as the Minister may, after consultation with the appropriate Minister of the State, from time to time specify, but shall not be required to erect a dwelling in a locality which, in the opinion of the appropriate Minister of the State, is not a usual residential locality. (4) Unless and until the Minister informs the State that a dwelling erected pursuant to this clause is not required for allotment to serving members of the Naval, Military and Air Forces of the Commonwealth— (a) the dwelling shall be let, at the option of the State, to a serving member of the Naval, Military or Air Forces of the Commonwealth nominated by the Commonwealth from time to time, or to the Commonwealth, and not otherwise; 1958. Housing. No. 6275

SIXTH SCHEDULE—continued. (b) the rent payable in respect of the dwelling shall be determined by the State in accordance with the usual formula applied by the State in determining the rent of dwellings erected by it under this agreement; (c) the State shall maintain the dwelling and its equipment in good repair and condition; (d) except as provided in this clause, the State will retain ownership of the dwelling. 14. (1) Subject to this clause and to sub-clause (4) of clause 13 of this Allotment agreement, each State will allot dwellings to persons who are in need of proper dwellings, housing accommodation in such order of priority as it decides. (2) As far as possible fifty per centum of the dwellings erected from time to time by a State under this agreement shall be allotted to— (a) members of the Forces; (ft) dependants of members of the Forces; and (c) widows of deceased members of the Forces. (3) Dwellings erected by the State pursuant to clause 13 of this agreement shall, for the purposes of the last preceding sub-clause, be deemed to be allotted to members of the Forces.

15. (1) Except as provided in clause 13 of this agreement, each State may, sale of if it so desires and at such price and on such terms as it thinks fit, sell any dwellings, dwellings, but sales pursuant to this sub-clause shall not affect the obligation of the State under clauses 9 and 10 of this agreement to repay and to pay interest on advances made under this agreement. (2) Where a person to whom a dwelling could be sold is an eligible person who desires to purchase the dwelling from the Director in pursuance of the War Service Homes Act 1918-1955 as amended from time to time, or to obtain an advance under that Act to enable him to purchase the dwelling, the State may, if requested so to do by the Director, sell the dwelling to the Director or that eligible person, in which event no amount of money shall be payable to the State by the Director or the eligible person, as the case may be, but the State shall transfer to the Director or to the eligible person, as the case may be, an estate in fee simple in the land on which the dwelling is erected, if the dwelling is erected on freehold land, or issue a Crown lease in perpetuity to the Director or to the eligible person, as the case may be, if the dwelling is erected on Crown land, subject in either case to the reservations, exceptions and conditions (if any) contained in the Crown Grant or Crown lease, as the case may be, and to such encumbrances, reservations, exceptions, covenants or conditions subject to which the sale is expressly made, and the amount of the State's indebtedness to the Commonwealth under sub-clause (1) of clause 10 of this agreement shall as from the date of sale be reduced by the amount of the purchase price of the dwelling less the amount, if any, credited to the purchaser.

16. (1) Each State shall credit that part of the advances made to it by the Home Commonwealth which pursuant to clause 6 of this agreement is to be used for Builders' the provision of finance for home builders to a special account in the Public Account Accounts of the State to be called the " Home Builders' Account". (2) The Home Builders' Account shall be credited also with the moneys received by the State from building societies and other approved institutions in repayment of principal and interest in respect of loans made by the State to those societies and institutions under this agreement and shall be debited with the repayments of principal and the payments of interest payable by the State to the Commonwealth under sub-clause (5) of clause 9 and under clause 10 of this agreement in respect of the advances made to the State for the provision of finance for home builders and with any expenses incurred by the State in providing that finance in accordance with this agreement. (3) All moneys at any time available in the Home Builders' Account (after allowing for amounts by which the Account is to be debited under the last preceding sub-clause) shall be used by the State for the provision of finance for home builders in that State by means of loans by the State to building societies VOL. iv.—i 1958. Housing. No. 6275

SIXTH SCHEDULE—continued. and other institutions approved by the Minister subject to and in accordance with terms and conditions agreed or to be agreed between the Minister and the appropriate Minister of the State. (4) The State shall not use moneys from the Home Builders' Account except subject to and in accordance with such terms and conditions as are agreed under the last preceding sub-clause. (5) Each State shall at least fourteen days before the first day of each of the months of July, October, January and April of each year notify the Commonwealth of its proposals for the use of the moneys available in the Home Builders' Account. IN WITNESS whereof the Prime Minister of the Commonwealth of Australia and the Premiers of each of the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania have signed this agreement for and on behalf of the Commonwealth of Australia and of the said States respectively. SIGNED by the Prime Minister of the Commonwealth ] of Australia for and on behalf of the Commonwealth in the presence of ROBERT G. MENZIES W. Heseltine J SIGNED by the Premier of the State of New South ] Wales for and on behalf of the said State in the | presence of J. J. CAHILL A. W. B. Coady J SIGNED by the Premier of the State of Victoria for 1 and on behalf of the said State in the presence I of | HENRY E. BOLTE J. Macgibbon SIGNED by the Premier of the State of Queensland for and on behalf of the said State in the presence of V. C. GAIR C. J. McPherson . SIGNED by the Premier of the State of South Australia for and on behalf of the said State in the presence of T. PLAYFORD L. King SIGNED by the Premier of the State of Western ' Australia for and on behalf of the said State in the presence of A. R. G. HAWKE R. W. Doig SIGNED by the Premier of the State of Tasmania' for and on behalf of the said State in the presence of ROBERT COSGROVE E. S. Nash

SEVENTH SCHEDULE.

FORM OF INFORMATION AGAINST OCCUPIER FAILING TO VACATE. ELIZ. II., 1 The information of A.B., to wit. J on behalf of and authorized by the Housing Commission, taken this day of in the year 19 , before the undersigned, one of Her Majesty's Justices of the Peace, who saith that CD. of has refused or neglected to vacate a certain house or building situate at after he has been required under the Housing Act 1958 to vacate the same. Sworn before me the day and year first above mentioned at A.B. J.P. 1958. Housing. No. 6275 95

EIGHTH SCHEDULE. Section 118.

FORM OF SUMMONS TO OCCUPIER FAILING TO VACATE. ELIZ. II., \ to wit. J To of in Victoria. You are hereby summoned to appear before the Court of Petty Sessions to be holden at on the day of , at o'clock in the forenoon, then and there to answer to an information authorized by the Housing Commission, for that you are in the illegal occupation of a certain house or building, to wit— which you neglect or refuse to vacate. Given under my hand and seal this day of in the year One thousand nine hundred and J.P.

Note.—In case you fail to attend this summons, upon proof of reasonable notice to you of the same, the complaint will be heard in your absence, and such order made as to the court shall seem fit.

NINTH SCHEDULE. Section 119.

FORM OF WARRANT TO DISPOSSESS UNAUTHORIZED OCCUPIER. ELIZ..II. , 1 to wit. J To and all members of the police force. Whereas on the day of it was made to appear to a Stipendiary Magistrate who has adjudged that the said A.B. is in the illegal occupation of a certain house or building [here state description of house or building]. These'are therefore to require you, that without delay you cause the Housing Commission to have possession of the said premises with the appurtenances, and to eject the said A.B. and all other persons therefrom, for which this shall be a sufficient warrant. Given under my hand this day of in the year One thousand nine hundred and LP. ,