Federal Register of Legislation - Australian Government

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Housing Agreement Act 1974

Act No. 102 of 1974 as made
An Act relating to Financial Assistance to the States for the purpose of Housing.
Administered by: Social Services
Date of Assent 25 Nov 1974
Date of repeal 17 Oct 2014
Repealed by Omnibus Repeal Day (Autumn 2014) Act 2014
Table of contents.

 

 

 

 

 

 

Housing Agreement Act 1974

 

No. 102, 1974

 

 

 

 

 

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

  

  

  



 

 

Housing Agreement Act 1974

 

No. 102, 1974

 

 

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

[Assented to 25 November 1974]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Housing Agreement Act 1974.

2  Commencement

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

3  Execution of agreement authorized

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


Schedule

Section 3

A SUPPLEMENTAL AGREEMENT made the       day of  One thousand nine hundred and seventy‑      between THE COMMONWEALTH OF AUSTRALIA 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 —

(a)        by an agreement between the parties in the form set out in the Schedule to the Housing Agreement Act 1973 made the seventeenth day of October 1973 (in this agreement called “the Principal Agreement”) provision was made in relation to housing for the welfare of persons who are in need of governmental assistance if their housing requirements are to be met;

(b)        it has been agreed between the parties that it is desirable that the Principal Agreement be varied in certain respects;

(c)        the Australian Parliament has authorized the execution by and on behalf of the Commonwealth of Australia of this agreement and the provision of financial assistance to the States in accordance with the Principal Agreement as varied by this agreement:

NOW IT IS HEREBY AGREED as follows:


 

Part IPreliminary

Commencement of Agreement 

1.         This agreement shall come into force in respect of the Commonwealth and of a State when it has been signed on behalf of the Commonwealth and has been signed on behalf of the State with the authority of the Parliament of the State, or, having been signed on behalf of the State without that authority, is approved by the Parliament of the State.

Operation in respect of States 

2.         Notwithstanding that in this agreement all the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania are named as parties, this agreement shall operate as an agreement between the Commonwealth and the State or States in respect of which it comes into force as fully and effectually as if the State or States in respect of which it comes into force were the only State or States named as parties.

Interpretation 

3.         Words and expressions used in this agreement to which a meaning is attributed in or for the purposes of the Principal Agreement shall, unless the contrary intention appears or the context otherwise requires, have in respect of their use in this agreement the respective meanings so attributed to them.


 

Part IIAmendment Of Principal Agreement

Allocation of Assistance 

4.         Sub‑clause (3) of Clause 9 of the Principal Agreement is amended so that it provides as follows:

“(3)      Where —

(a)        a State has in each of the two financial years immediately preceding the first day of July 1973 allocated to its Home Builders' Account from the amount set aside for housing within the meaning of sub‑section (2) of section 3 of the States Grants (Housing) Act 1971, in excess of 30 per centum of that amount; or

(b)        special circumstances in relation to a State warrant the allocation to its Home Builders' Account of more than 30 per centum of the total amount of the advances to be made by the Commonwealth to the State under this Agreement in respect of a financial year,

the State may, if at the request of the State Minister the Minister so approves, allocate as Home Builders' Account advances in respect of a financial year of this Agreement more than 30 per centum of the total amount of the advances under this Agreement in respect of the financial year.”

Amount of Advances 

5.         Clause 10 of the Principal Agreement is amended by the addition of the following sub‑clause:

“(3)      At any time during a financial year after further consultation with the State Minister and having regard to the matters mentioned in sub‑clause (2) the Minister may determine an additional amount or additional amounts to be advanced to a State in respect of the financial year.”

Eligibility of Borrowers 

6.         (1)        Sub‑clause 24 (1) is amended by deleting the word “inclusive” and inserting in its place the word “exclusive”.

(2)   This amendment shall be deemed to have come into effect on the first day of November 1974.

Confirmation and Name 

7. The Principal Agreement as amended by this agreement is confirmed and shall be known and referred to as “the 1973‑1974 Housing Agreement”.

IN WITNESS WHEREOF, &c.