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Housing Agreement Act 1966

Authoritative Version
Act No. 24 of 1966 as made
An Act relating to Financial Assistance to the States for the purpose of Housing.
Administered by: Social Services
Date of Assent 21 May 1966
Date of repeal 17 Oct 2014
Repealed by Omnibus Repeal Day (Autumn 2014) Act 2014

Housing Agreement

No. 24 of 1966

An Act relating to Financial Assistance to the States for the purpose of Housing.

[Assented to 21 May, 1966]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.  This Act may be cited as the Housing Agreement Act 1966.

Commencement.

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

Execution of agreement authorized.

3.  The execution, by or on behalf of the Commonwealth, of an agreement between the Commonwealth and any State or States substantially in accordance with the form contained in the Schedule to this Act is authorized.

Authority to Treasurer to make advances in accordance with Housing Agreement.

4.  The Treasurer may, out of moneys lawfully available for the purpose, make advances to a State in accordance with the agreement executed in pursuance of the Housing Agreement Act 1956 as amended by an agreement executed in pursuance of the Housing Agreement Act 1961 and by an agreement executed in pursuance of this Act.

Authority to Treasurer to make advances before Housing Agreement comes into force.

5.—(1.)     Before an agreement the execution of which is authorized by this Act comes into force in respect of a particular State, the Treasurer may, subject to this section, out of moneys lawfully available for the purpose, make such advances to that State as he would be authorized to make under the last preceding section if such an agreement were in force.

(2.)    An advance to a State under the last preceding sub-section shall be made on such terms and conditions as the Minister determines, being terms and conditions substantially in accordance with the terms and conditions that would be applicable to the advance if an agreement the execution of which is authorized by this Act were in force in respect of that State.

(3.)    Advances shall not be made in pursuance of this section after the thirtieth day of June, One thousand nine hundred and sixty-seven.


THE SCHEDULE                                          Section 3.

——

AN AGREEMENT made the               day of              One thousand nine hundred and sixty between THE COMMONWEALTH OF AUSTRALIA (in this agreement called “the Commonwealth”) of the one 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 and intended to be supplemental to the agreement referred to in this agreement as the 1956–1961 Agreement.

WHEREAS—

(a) by an agreement (in this agreement called “the 1956 Agreement”) dated the thirteenth day of February, 1957, between the Commonwealth and the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania and authorized or approved by the Parliaments of the Commonwealth and of the States, provision was made for the grant by the Commonwealth of financial assistance to the States for housing upon the terms and conditions set out in that agreement;

(b) by an agreement (in this agreement called “the 1961 Agreement”) dated the fourth day of October, 1961, and supplemental to the 1956 Agreement, the 1956 Agreement was amended and provision was made for the grant by the Commonwealth to the States of further financial assistance for housing upon the terms and conditions of the 1956 Agreement as so amended;

(c) the Commonwealth has proposed to the States that the 1956 Agreement as so amended (in this agreement called “the 1956–1961 Agreement”) be further amended and that the Commonwealth will grant further financial assistance to the States upon the terms and conditions set out in the 1956–1961 Agreement as so amended: and

(d) the Parliament of the Commonwealth has authorized the execution by or on behalf of the Commonwealth of this agreement:

NOW IT IS HEREBY AGREED as follows:—

Operation of agreement.

1.—(1.)     This agreement shall come into force in respect of the Commonwealth and a State upon its execution by or on behalf of the Commonwealth and—

(a) if the execution by or on behalf of the State is authorized by the Parliament of the State—its execution by or on behalf of the State: or

(b) if it is executed by or on behalf of the State without the authority of the Parliament of the State—its approval by the Parliament of the State.

(2.)    Notwithstanding that all of the States of New South Wales, Victoria, 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 a State or the States in respect of which it has come into force as fully and effectually as if that State or those States were the only State or States named as parties to the agreement.

(3.)    Where in the 1956–1961 Agreement the word “State” or the expression “the States” means a State or the States in respect of which that agreement is in force, that word and that expression shall, for the purposes of the operation of the 1956–1961 Agreement as amended by this agreement, mean respectively a State or the States in respect of which this agreement has come into force.

Interpretation.

2.  Sub-clause (I.) of clause 3 of the 1956–1961 Agreement is amended as follows:—

(a) by omitting from paragraph (i) of the definition of” member of the Forces “the word” or “(last occurring); and

(b) by inserting immediately after paragraph (i) of that definition the following paragraph:—

“(ia) is a member of the Forces for the purposes of the Repatriation (Special Overseas Service) Act 1962–1965, as amended from time to time; or”.

Advances to States.

3.  Clause 5 of the 1956–1961 Agreement is amended by inserting in sub-clause (1.), immediately after the word “respectively” that was inserted by the 1961 Agreement, the words and figures—

“and during the financial years commencing on the first day of July in the years 1966, 1967, 1968, 1969 and 1970, respectively,”.


Allocation of advances.

4.  Clause 6 of the 1956–1961 Agreement is amended by adding at the end thereof the following sub-clause:—

“(5.)    During each of the financial years commencing on the first day of July in the years 1966, 1967, 1968, 1969 and 1970, 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 the State under clause 5 of this agreement in that financial year”.

Funds for Service Dwellings.

5.  Clause 7 of the 1956–1961 Agreement as set out in sub-clause (3.) of clause 2 of the 1961 Agreement shall, in respect of the financial years commencing on the first day of July in the years 1966, 1967, 1968, 1969 and 1970, be substituted for and shall apply in lieu of clause 7 of the 1956 Agreement.

Interest.

6.  Clause 9 of the 1956–1961 Agreement is amended by inserting in sub-clause (3a.), immediately after the word “respectively”, the words and figures—

“and during the financial years commencing on the first day of July in the years 1966, 1967, 1968, 1969 and 1970, respectively,”.

Erection of dwellings.

7.  Clause 11 of the 1956–1961 Agreement is amended by omitting therefrom subclause (2.).

Dwellings for serving members of the Forces.

8.  Clause 13 of the 1956–1961 Agreement is amended by omitting sub-clause (2.) and inserting in its place the following sub-clause:—

“(2.)    Dwellings that are to be erected by the State pursuant to this clause and are commenced after the thirtieth day of June, 1966, may, at the request of the Minister and with the concurrence of the appropriate Minister of the State, be of a size and standard that accord with, but do not exceed, the scales and standards for the time being set out in the Services’ Scales and Standards of Accommodation for the time being issued under the authority of the Department of Defence of the Commonwealth.”.

Home Builders’ Account.

9.  Clause 16 of the 1956–1961 Agreement is amended as follows:—

(a) by omitting from sub-clause (3.) the words “the next succeeding sub-clause” and inserting in their place the words “the succeeding provisions of this clause”;

(b) by inserting after sub-clause (3.) the following sub-clause:—

“(3aa.) Portion of the moneys available in the Home Builders’ Account may, if the Minister at the request of the appropriate Minister of the State so approves, be allocated by the State for loans to a Government lending institution of the State approved by the Minister, for the provision by the institution of finance to home builders in rural areas of the State and the State may use that portion for the provision of finance for home builders in those areas by loans to the approved institution subject to and in accordance with such terms and conditions as are from time to time agreed between the Minister and the appropriate Minister of the State.”;

(c) by inserting in sub-clause (3a.) immediately after the word “allocation” (first occurring) the words “other than an allocation to which sub-clause (3aa.) applies”;

(d) by omitting from sub-clause (3b.) the words “under the last preceding subclause”, and inserting in their place the words “for the purposes of either of the last two preceding sub-clauses”;

(e) by omitting from paragraph (c) of sub-clause (3b.) the word “and” (second occurring); and

(f) by inserting in sub-clause (3b.) immediately after paragraph (c) the following paragraph:—

(ca) the needs of home builders in rural areas of the State in which there are no building societies operating and in which it would be difficult to form a building society and administer it efficiently; and”

Advances made before coming into force of Agreement.

10.   Where, before this agreement has come into force in respect of a State, the Commonwealth has, in pursuance of section 5 of the Housing Agreement Act 1966, made an advance to the State, the advance shall be deemed to have been made under the 1956–1961 Agreement as amended by this agreement and the 1956–1961 Agreement as so amended shall apply, and shall be deemed at all times to have applied, to and with respect to the advance.

Reference to amended Agreement.

11.   The 1956–1961 Agreement as amended by this agreement shall be known as “the 1956–1966 Housing Agreement”.

IN WITNESS WHEREOF, &c.