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 to the extent thereby expressed to be repealed are hereby repealed accordingly.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or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect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.