515 THE COMMONWEALTH AND STATE HOUSING AGREEMENT ACT of 1956 5 Eliz. 2 No. 25 An Act to Authorise the Execution by or on behalf of the State of Queensland of a Further Agreement between the C01111?onwe~1th of Australia and the Several States of the Commonwealth 10 relatIOn to Housing, and for other purposes [Assented to 28 November 1956] Preamble. Whereas by an agreement made the nineteenth day of November, One thousand nine hundred and forty-five, between the Commonwealth and the States of New South Wales, Victoria, Queens­ land, 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, One thousand nine hundred and forty-eight, the thirtieth day of December, One thousand nine hundred and forty-nine, the twenty-fourth day of November, One thousand nine hundred and fifty-two, and the fifth day of March, One thousand nine hundred and fifty-four, entered into between the Treasurer of the Commonwealth and the Treasurers of certain States, and by an agreement dated the sixteenth day of April, One thousand nine hundred and fifty-five, 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 herein 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 authorised or approved by the Parliaments of the Commonwealth and of the said States: And whereas in or about the month of August, One thousand nine hundred and fifty, 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: And whereas, by reason of subclause (1) of clause 16 of the 1945 Agreement, the 1945 Agreement does not apply to housing projects commenced by the State of Queensland after the thirteenth day of December, One thousand nine hundred and fifty-five. And whereas the Commonwealth has proposed to the States that the Commonwealth will grant further financial assistance under section ninety-six of the Commonwealth of Australia Constitution to the States for housing upon terms and conditions in accordance with the form of agreement contained in the First Schedule to this Act: And whereas the Parliament of the Commonwealth has authorised the execution by or on behalf of the Commonwealth of an agreement in accordance with that form: 516 HOUSING Yol.7 And whereas it is desirable that the execution by or on behalf of the State of Queensland of an agreement in accordance with that form should be authorised- Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queens­ land in Parliament assembled, and by the authority of the same, as follows:- 1. Short title. This Act may be cited as "The Commonwealth and State Housing Agreement Act of 1956." 2. Execution of agreement. The execution for or on behalf of the State of Queensland of an agreement between the Commonwealth and the States in relation to housing in accordance with the form contained in the First Schedule to this Act is, and it is hereby declared always was, authorised. The date of the execution of the Agreement was 13 February 1957. 3. Application of moneys in Home Builders' Account. The Treasurer is, and it is hereby declared always was, authorised to agree with the Minister of State of the Commonwealth for the time being administering the Housing Agreement Act 1956 of the Commonwealth, in pursuance of clause 16 (3) of the form of agreement contained in the First Schedule to this Act, upon the terms and conditions set out in the Second Schedule to this Act, and to make pursuant to those terms and conditions loans from the account called "the Home Builders' Account" to be established in the Treasury pursuant to the said clause ] 6, which account is hereby appropriated accordingly. Act referred to: Housing Agreement Act 1950-1961 (Commonwealth). 4. Agreement and terms and conditions to bave force of law. The agreement in accordance with the form of agreement set out in the First Schedule to this Act when executed for and on behalf of the State of Queensland and the Commonwealth of Australia, and the terms and conditions set out in the Second Schedule to this Act when agreed upon by the Treasurer and the Minister of State of the Commonwealth for the time being administering the Housing Agreement Act 1956 of the Commonwealth, shall have the force of law as though the agreement and those terms and conditions were enactments of this Act. Act referred to: Housing Agreement Act 1956-1961 (Commonwealth). S. Rate of interest in respect of certain borrowers and purchasers. ( 1 ) Section thirty-three of "The State Housing Acts, 1945 to 1955," shall not apply with respect to the rate per centum per annum of the interest payable in respect of- (a) Contracts of sale under that Act entered into (whether before, on or after the passing of this Act) by the Queensland Housing Commission with tenants of dwellings erected under the 1945 Agreement and completed on or before the thirtieth day of June, One thousand nine hundred and fifty-six; or CWl<:AL TH, ETC., HOUSING AGREEMENT ACT OF 1956 ss.1-7 517 (b) Advances made to borrowers by the Queensland Housing Commission from moneys allocated to that Commission from the account called "the Home Builders' Account" to be established in the Treasury pursuant to clause 16 of the form of agreement contained in the First Schedule to this Act. (2) Every purchaser under a contract of sale to which subsection one of this section applies shall pay, and it is hereby declared always was liable to pay, to the Queensland Housing Commission, in compliance in every respect with the conditions of the contract thereunto binding him, interest in respect of the purchase money owing to the Commission at the rate of four pounds ten shillings per centum per annum. (3) Every borrower of an advance to which subsection one of this section applies shall pay to the Queensland Housing Commission, in compliance in every respect with the conditions of the advance thereunto binding him, interest at a rate per centum per annum equal to- Ca) The rate of interest charged by the Commonwealth to the State, in pursuance of clause 9 of the form of agreement contained in the First Schedule to this Act, in respect of the moneys allocated by the State to the Commission from which the Commission made the advance to the borrower; plus (b) One half of one per centum. Act referred to: State Housing Acts, 1945 to 1964, p. 557, post. 6. Deposit on sale. Notwithstanding the provisions of subsC{;tion three of section twenty-four of "The State Housing Acts, 1945 to 1955," where the purchase price of any dwelling sold by the Queensland Housing Commission, pursuant to clause 15 of the form of agreement contained in the First Schedule to this Act, exceeds two thousand five hundred pounds, the deposit to be paid in respect of that sale shall be not less than- (i) Two hundred and fifty pounds; or (ii) If the Governor in Council (who is hereby authorised to do so from time to time) shall by Order in Council determine that such deposit shall be some other amount, the amount for the time being so determined. Act referred to: State Housing Acts, 1945 to 1964, p. 557, pO.lt. 7. Building societies, etc., authorised to receive loans from the Home Builders' Account. Where, in pursuance of clause 16 (3) of the form of agreement contained in the First Schedule to this Act the Treasurer proposes to make from the Home Builders' Account any loan to- (a) A building society registered under "The Building Societies Acts, 1886 to 1956"; or (b) A co-operative society registered under "The Co-operative Societies Acts, 1946 to 1951"; or (c) Any company, as.sociation or society prescribed by the Governor 111 CounCIl by Proclamation published in the Gazette or includ~d in any class of company, association, or society so prescnbed, then, notwithstanding anything contained in the Act whereunder that 518 HOUSING Vol. 7 building society, co-operative society, company, aSSOCIatIon or society is constituted, incorporated or registered or in the constitution and rules thereof (and, in particular, notwithstanding any limitations in such Act or constitution and rules with respect to the receipt of moneys upon loan or the giving of security for moneys received upon loan) that building society, co-operative society, company, association or society is hereby authorised to receive that loan and to give in respect thereof security as required by the Treasurer and the constitution and rules of that building society, co-operative society, company, association or society shall be deemed to empower the receipt of such loan and the giving of such security. Acts referred to: Building Societies Acts, 1886 to 1958, title SOCIETIES. Co-operative Societies Acts, 1946 to 1962, title SOCIETIES 8. Loans from the Home Builders' Account charged on property and assets of borrower. All capital and interest moneys in respect of any loan made by the Treasurer from the Home Builders' account to- Ca) A building society registered under "The Building Societies Acts, 1886 to 1956"; or (b) A co-operative society registered under "The Co-operative Societies Acts, 1946 to 1951", shall forthwith upon the making of the loan become and be a first charge upon the property and assets of that society or association in priority to all other charges thereover or encumbrances thereon (including all prior such charges and encumbrances and also any charge or encumbrance thereover or thereon created by any other Act) save a prior charge created by this section in respect of an earlier such loan.