State Housing Act 1945

Queensland STATE HOUSING ACT 1945 Reprinted as in force on 1 January 2004 (includes commenced amendments up to 2003 Act No. 52) Reprint No. 3G This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2003 Act No. 52 s 110

Information about this reprint This Act is reprinted as at 1 January 2004. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland STATE HOUSING ACT 1945 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4A Application of Act regarding Building Units and Group Titles Act 1980. . . 9 4B Application of Act for BCCM Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Repeal of State Advances Act 1916. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Dissolution of State Advances Corporation . . . . . . . . . . . . . . . . . . . . . . . . . 11 TRANSFER OF ASSETS ETC. TO THE COMMISSION 7 Vesting of assets and liabilities in the commission . . . . . . . . . . . . . . . . . . . . 11 PART 2—ADMINISTRATION OF ACT AND CONSTITUTION AND POWERS OF THE QUEENSLAND HOUSING COMMISSION 8 Administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 9 Constitution of Queensland Housing Commission . . . . . . . . . . . . . . . . . . . . 15 10 General powers and duties of chief executive . . . . . . . . . . . . . . . . . . . . . . . . 16 10A Delegation of chief executive’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 10B District offices and agents of the commission. . . . . . . . . . . . . . . . . . . . . . . . 17 11 Officers and employees employed under Public Service Act . . . . . . . . . . . . 17 12 Salaries payable out of the fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13 Commission may manage business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Validation of certain action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 15 Application of administrative provisions of sch to commission . . . . . . . . . . 19 16 Queensland Housing Commission Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 17 Loans by Government to commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 17A Commission is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 18 Power to vest other lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

2 State Housing Act 1945 19 Exemption from rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 General duty of the commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Functions of the commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Special powers of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22A Provision for payment upon erection of 1 of several dwelling houses under contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22C Commission may make grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22D Commission may enter into joint ventures . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3—ADVANCES FOR HOUSING PURPOSES 23 Power to commission to make advances to eligible persons for erection of dwelling houses etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23A Advances for the purchase of dwelling houses . . . . . . . . . . . . . . . . . . . . . . . PART 4—SALE OF HOUSES 23B Sale of lots under Building Units and Group Titles Act or BCCM Act to pensioners ............................................ 24A Power of commission to provide home sites . . . . . . . . . . . . . . . . . . . . . . . . . 24B Application of Act to workers’ homes perpetual town leases . . . . . . . . . . . . 24C Rental provisions regarding perpetual leases . . . . . . . . . . . . . . . . . . . . . . . . 25 Discretion of commission as to making of contract of sale . . . . . . . . . . . . . PART 4A—ENCOURAGEMENT AND AID IN BUILDING HOUSES 25B Home builders’ insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5—LETTING OR LEASING OF HOUSES 25C Power of commission to let or lease houses to employers for housing employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Letting or leasing of houses to eligible persons . . . . . . . . . . . . . . . . . . . . . . PART 5A—ADVANCES FOR HOUSING FOR EMPLOYEES 26A Power of commission to make advances for housing for employees . . . . . . 26B Act to apply with respect to advances under this part . . . . . . . . . . . . . . . . . . 26C Powers of body corporate with respect to borrowing under this part . . . . . . PART 5B—SALE OF EMPLOYEE HOUSING 26D Sales of houses let or leased by employers . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6—ARRANGEMENTS WITH THE COMMONWEALTH 27 Commission to manage business of Commonwealth-State Housing Scheme ........................................ 21 22 22 23 28 28 29 30 33 35 38 43 44 46 47 53 54 55 57 59 59 61

3 State Housing Act 1945 28 Prior arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Financial arrangements in respect of Commonwealth-State Housing Scheme ......................................... PART 6A—ADVANCES TO APPROVED HOUSING INSTITUTIONS 29A Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29B Approved housing institutions advances account . . . . . . . . . . . . . . . . . . . . . 29C Approval of loans from the account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29D Approved housing institutions authorised to receive loans . . . . . . . . . . . . . . 29E Loan from the account charged on property and assets of borrower. . . . . . . PART 6B—APPLICATION OF RESIDENTIAL TENANCIES ACT 1994 29F Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29G Application of pt 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29H Application of Residential Tenancies Act 1994 . . . . . . . . . . . . . . . . . . . . . . PART 6C—TERMINATION OF HOUSING TRUSTS 29I Definitions for pt 6C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29J Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29K Transfer of assets and liabilities to commission . . . . . . . . . . . . . . . . . . . . . . 29L References in documents to public trustee . . . . . . . . . . . . . . . . . . . . . . . . . . 29M Recording of transfer of assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29N Powers of commission under certain transferred mortgages. . . . . . . . . . . . . 29O Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29P Unpaid remuneration or expenses of trustee under trusts . . . . . . . . . . . . . . . 29Q Costs of termination of trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29R Part applies despite other laws, instruments etc. . . . . . . . . . . . . . . . . . . . . . . PART 6D—ADVANCES TO ENABLE CONDUCT OF RESIDENTIAL SERVICES 29S Definitions for pt 6D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29T Loan to meet building costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29U Non-application of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7—MISCELLANEOUS 30 Advances to be secured by mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30AA Criminal Code does not apply in certain circumstances . . . . . . . . . . . . . . . . 62 62 63 63 64 64 65 65 65 65 66 66 67 67 67 68 68 68 68 69 69 69 70 70 71

4 State Housing Act 1945 30A Discretion as to requirement re ownership of dwelling house . . . . . . . . . . . 31 Special conditions as to borrowing may be imposed . . . . . . . . . . . . . . . . . . 32 Restricted application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32AA Declaration of standard interest rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32AB Interest rates for certain advances and contracts of sale . . . . . . . . . . . . . . . . 32AC Interest rates for advances under transferred mortgages . . . . . . . . . . . . . . . . 32A Interest rates payable by borrowers and purchasers in respect of certain advances and contracts of sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Rate of interest payable by borrowers and purchasers of homes . . . . . . . . . 33A Priority of amounts added to principal under mortgage . . . . . . . . . . . . . . . . 34 Money due by borrower is a debt to Crown . . . . . . . . . . . . . . . . . . . . . . . . . 35 Penalty for procuration fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Judgment of court not to affect security . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Construction of the Co-ordination of Rural Advances and Agricultural Bank Act 1944, s 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Perfecting security over holdings when freehold acquired subsequent to mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38A Land Act applies to deeds of grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Protection of commission and officers from personal liability . . . . . . . . . . . 41 Person taking fee or reward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Secretary of commission etc. to be auctioneer . . . . . . . . . . . . . . . . . . . . . . . 43 Lessee or tenant wrongfully holding over . . . . . . . . . . . . . . . . . . . . . . . . . . . 43A Justice to issue warrant for possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Audit of accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Annual report to Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Validation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Transitional provision for State Housing and Other Acts Amendment Act 2002 .................................... 51 Validation of annual rental charged for s 22B . . . . . . . . . . . . . . . . . . . . . . . . 52 Transitional provision for Discrimination Law Amendment Act 2002 . . . . . 72 72 72 72 73 74 74 75 79 79 79 80 80 80 81 81 81 82 83 84 86 87 87 87 87 90 90 90 91

5 State Housing Act 1945 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 92 1 Delivery of matters in possession of employee at removal . . . . . . . . . . . . . . 92 RESERVE FUND 2 Reserve fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 APPLICATIONS 7 Applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 9 Advance to be deemed a loan until repaid in full and at prescribed rate of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 10 Advances by lump sum or instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 11 Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 12 Repayment of advance for dwelling houses . . . . . . . . . . . . . . . . . . . . . . . . . 95 13 Prepayment of unpaid balance of advance . . . . . . . . . . . . . . . . . . . . . . . . . . 97 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 14 Additional advances may be added to principal of loan . . . . . . . . . . . . . . . . 98 15 Remedies of the commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 16 Power to capitalise arrears of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 17 In event of no purchaser land to vest in commission . . . . . . . . . . . . . . . . . . 100 18 Provisions for cases of hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 19 Mortgages of miner’s homesteads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 20 Mortgagor to effect necessary repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 21 Conditions annexed to land whilst subject to advances . . . . . . . . . . . . . . . . 104 22 Power to lease in lieu of selling etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 23 Abandoned dwelling houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 24 Transfer of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 25 Powers of commission as lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 26 Accumulation of purchase deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

6 State Housing Act 1945 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 108 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 8 Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 123

s1 7 s4 State Housing Act 1945 STATE HOUSING ACT 1945 [as amended by all amendments that commenced on or before 1 January 2004] An Act to make better provision for housing and improving the housing requirements and conditions in the State, to provide for the constitution of and powers and authorities of a State housing commission, to provide for advances for housing, and for other purposes PART 1—PRELIMINARY 1 Short title This Act may be cited as the State Housing Act 1945 . 4 Definitions (1) In this Act— “BCCM Act” means the Body Corporate and Community Management Act 1997 . “capital cost” , of a house together with the land on which it is situate, includes the value of the land, the costs of and incidental to the erection of the house, together with a sufficient sum to cover any costs incurred or assessed by way of fees in respect of salaries paid or payable to architects, clerks of works, surveyors, or other persons and the cost (if any) of survey and subdivision and the value of so much of the land purchased or acquired as is laid out as streets, the cost of clearing, draining, fencing or otherwise improving the land by the commission, and any other costs incidental to the purchase, acquisition and disposal of the land together with the interest as assessed by the commission on all expenditure in connection with the house and land.

s4 8 s4 State Housing Act 1945 “chief executive (valuations)” means the chief executive within the meaning of the Valuation of Land Act 1944 . “commission” means the Queensland Housing Commission created by this Act, and where necessary includes the chief executive, secretary or any officer of the commission. “dwelling house” includes the house and its appurtenances, the part or parts of a building comprising a lot shown on a building units plan registered pursuant to the Building Units and Group Titles Act 1980 or a lot that, under the BCCM Act, is a lot included in a community titles scheme, necessary outbuildings, fences, and permanent provision for lighting, water supply, drainage, and sewerage, but does not include any land. “fund” see section 16(1). “house” includes dwelling house. “land” includes (but without limiting its ordinary meaning or the meaning assigned to it by the Acquisition of Land Act 1967 ) any land the fee simple of which is subject to any trust or which is held from the Crown upon any tenure or subject to any trust under any Act relating to the alienation of Crown lands, and also includes any estate or interest in land (legal or equitable) and any easement, right, power, or privilege over, on, or in connection with land. “Land Act” means the Land Act 1994 or any Act in substitution for the same. “Local Government Acts” means the Local Government Act 1993 , and the City of Brisbane Act 1924 . “mortgage” means any deed, memorandum of mortgage, instrument or agreement whereby security for payment of advances and moneys is made in favour of the commission over real or personal property or any interest therein, and also includes a contract of sale under this Act where payment to the commission of the unpaid purchase money is secured in whole or in part on the property the subject of such contract of sale. “mortgagor” means the person liable to payment of moneys secured by mortgage, and also includes a purchaser under a contract of sale. “secretary” means the secretary or person for the time being performing the duties of secretary.

s 4A 9 s 4A State Housing Act 1945 “standard fixed interest rate” , for a period, means the standard fixed interest rate for the period declared by the Minister under section 32AA(1). “standard interest rate” means— (a) the standard fixed interest rate for a period; or (b) the standard variable interest rate. “standard interest rate policy” see section 32AA(2). “standard variable interest rate” means the standard variable interest rate declared by the Minister under section 32AA(1). Remedy against land includes improvements (2) Where by this Act any remedy is given to the commission against or with respect to any land, “land” includes not only the land but also all improvements thereon. (3) Wherever appearing in this Act— “house” or “home” shall have the meaning assigned by this section to the term ‘dwelling house’. 4A Application of Act regarding Building Units and Group Titles Act 1980 (1) The provisions of this Act which apply to or with respect to and all things that may be done under this Act in respect of land held in fee simple shall apply to or with respect to and may be done in respect of— (a) land subdivided or resubdivided into lots and common property by the registration of a plan pursuant to the Building Units and Group Titles Act 1980 ; and (b) any lot shown on a plan referred to in paragraph (a). (2) Any provision of this Act authorising the subdivision, replan or resubdivision of land shall be construed, in the case of land held in fee simple, as including authority to subdivide and resubdivide that land into lots and common property by the registration of a plan pursuant to and subject to the Building Units and Group Titles Act 1980 .

s 4B 10 State Housing Act 1945 s5 4B Application of Act for BCCM Act (1) This Act applies to land that, under the BCCM Act, is scheme land for a community titles scheme in the same way as to other land held in fee simple. (2) A reference in this Act to ‘subdivision’ or ‘resubdivision’ of land extends to subdivision or resubdivision of land by registration or amendment of a plan under the Land Title Act 1994 for the establishment or amendment of a community titles scheme under the BCCM Act. 5 Repeal of State Advances Act 1916 (1) Subject to this Act and without prejudice to the provisions of the Acts Shortening Acts, the State Advances Act 1916 (as amended by the Commonwealth Bank Agreement Ratification and State Advances Act 1920 , the State Advances Act and Other Acts Relief Amendment Act 1934 , and orders in council made thereunder) is repealed (the “repealed Acts” ). Savings in respect of other Acts (2) The provisions of— (a) the State Housing Relief Act 1930 ; (b) the State Advances Act and Other Acts Relief Amendment Act 1934 ; (c) the State Advances Acts and Other Acts (Rate of Interest) Act 1943 ; (d) the State Advances Corporation Building Improvement Act 1932 ; and all orders in council in force at the commencement of this Act made thereunder shall continue in full force and effect, and without limiting the generality of this provision to the intent that all the powers, authorities, rights, title, interest, duties and obligations of the corporation and, as the case may be, of any such mortgagor shall be unaffected and shall enure accordingly to the full extent as if this Act had not been passed. (3) However, any reference in such Acts to the State Advances Corporation shall be a reference to the Queensland Housing Commission constituted under this Act. (4) In addition, with respect to any advance referred to in the Agricultural Bank Act 1923 , section 9(3), any part of which advance remains unpaid at the commencement of this Act, all of the applicable

s 6 11 s 7 State Housing Act 1945 provisions of the repealed Acts or any of them shall, notwithstanding the repeal thereof, continue in force while any part of such advance remains unpaid. 6 Dissolution of State Advances Corporation (1) Upon the commencement of this Act the corporation constituted by the repealed Acts by the name of the State Advances Corporation is hereby dissolved and the State Advances Fund created by the repealed Acts shall be closed. (2) Such corporation so dissolved may be referred to as the “dissolved corporation” . TRANSFER OF ASSETS ETC. TO THE COMMISSION 7 Vesting of assets and liabilities in the commission (1) Forthwith upon the commencement of this Act— (a) all moneys, debentures, and treasury bills, and securities for money, and all interest thereon, and all books, documents, and other property held by or on behalf of the dissolved corporation; and (b) all the assets and liabilities of the dissolved corporation; and (c) all powers, authorities, rights, title, interest, and obligation in or with respect to such assets and liabilities or any of them; under or pursuant to the repealed Acts or any other Act shall forthwith by virtue of this Act, and without any transfer or assignment whatever, pass to and become vested in and imposed upon the Queensland Housing Commission constituted under this Act as hereinafter provided (the “commission” ) and be divested and discharged from the dissolved corporation. (1A) However, nothing in this Act shall prejudice or affect the agreement between the Governor of the Commonwealth Bank of Australia and the Treasurer as set forth in the Commonwealth Bank Agreement Ratification and State Advances Act 1920 , schedule 1.

s 7 12 s 7 State Housing Act 1945 Rights of action and under contracts (2) Any right of action or other remedy accrued to or against and any power or authority vested in or exercisable by and any agreement, undertaking, mortgage, debenture, bond, lease, deed, guarantee, covenant, or obligation made, given, or entered into by, to or with the dissolved corporation (other than such of them as by the aforesaid agreement are transferred to, vested in or imposed upon the said Commonwealth Bank) may be prosecuted and enforced by or against the commission as if the right of action or remedy had originally accrued to or against or the power or authority had originally been vested in or exercisable by or the agreement, undertaking, mortgage, debenture, bond, lease, deed, guarantee, covenant, or obligation had been made, given, or entered into by, to, or with the commission. Existing advances (3) The following provisions shall apply in respect of advances made or purporting to be made under or pursuant to the repealed Acts or any other Act or law before the commencement of this Act by the dissolved corporation, and whether made by the dissolved corporation as principal or as attorney or as agent or on behalf of any Minister, any part of which advance or the interest thereon remains unpaid at the commencement of this Act— (a) such advances shall be repaid, and interest thereon shall be paid to the commission at the times and in the amounts prescribed by the Act under or pursuant to which the advance was made or by any regulation or instrument thereunder; (b) the commission may take any proceeding or exercise any right or remedy which under such Act might have been taken or exercised by the dissolved corporation; (c) the land and other property mortgaged as security for the advances aforesaid shall continue to be charged with the repayment of such advances with interest thereon. Operation of securities for advances and further advances (4) All mortgages and other securities executed by way of security for any advance (including, if it be so, any further advances) under or pursuant to any of the repealed Acts or any other Act or law, as the case may require, shall for all purposes, including any further advances that may be made under this Act, be construed as if the commission were party thereto instead

s 7 13 s 7 State Housing Act 1945 of the dissolved corporation, and this Act shall apply to all such advances or further advances. Adjustments (5) All accounts, documents, books, and papers relating to any such advance shall be transferred to and be kept by the commission; and such adjustments of account shall be made in the books of the dissolved corporation as may be necessary to give effect to this section. Agreements for management of certain advances (6) Where under the provisions of any Act any Minister or body corporate is empowered to enter into any arrangement or agreement with the dissolved corporation whereby the dissolved corporation is to manage on behalf of such Minister or body corporate the whole or any part of his, her or its business so far as consists of the making and regulation of advances under such Act, such Minister or body corporate may enter into a like arrangement or agreement with the commission for the like purposes, and the same shall be given effect to; or where such Minister or body corporate has already entered into such arrangement or agreement as aforesaid with the dissolved corporation and the same is subsisting at the commencement of this Act, then by virtue of this Act the commission shall as and from the commencement of this Act be deemed to be the party to every such arrangement or agreement in lieu of the dissolved corporation, and every such arrangement or agreement shall be read and construed and have effect accordingly. Pending applications (7) Applications by any person to the dissolved corporation for any advances pending at the commencement of this Act, and whether or not any advance or instalment has been made, may be dealt with and completed by the commission as if such applications were respectively made for advances under this Act. Closure of State Advances Fund (8) All moneys to the credit at the Treasury of the State Advances Fund constituted under the repealed Acts shall by virtue of this Act be transferred to the Queensland Housing Commission Fund constituted under this Act. Proceedings (9) All actions and proceedings and things lawfully had and done by the dissolved corporation shall be and continue to be in full force and effect to all intents and purposes as if the same had been had and done by the

s 7 14 s 7 State Housing Act 1945 commission constituted under this Act, and if the same are not completed may be continued and completed by the commission constituted under this Act; and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained. Penalties (10) All penalties, fees, fines, and forfeitures which at the commencement of this Act may be enforceable or recoverable by the dissolved corporation shall and may be enforced and recovered by the commission constituted under this Act. Proclamations, orders in council, regulations etc. continued (12) All proclamations, orders in council, and regulations made under the repealed Acts and in force at the commencement of the amendments to this Act made by the Public Service (Administrative Arrangements) Act 1990 (No. 2) shall continue in force until the same or any of them are amended or superseded by proclamations, orders in council or regulations under this Act; and in the construction of such proclamations, orders in council, or regulations references to the expression ‘State Advances Corporation’ or ‘corporation’ shall be deemed to be references to the commission constituted under this Act; and references to the expression ‘manager’ of the dissolved corporation shall be deemed to be references to the commission or, as the case may require, to the chief executive or secretary thereof, as the case may be, constituted and appointed under this Act; and references to any officer of the dissolved corporation shall be deemed to be references to the officers of the commission constituted under this Act authorised or appointed in like behalf. Records (13) All instruments, documents, records, plans, correspondence, and all books and writings the property of the dissolved corporation shall be and are by virtue of this Act hereby handed over to the commission constituted under this Act, and shall and hereby become the property of such lastmentioned commission. References in other Acts (14) Where in any Act or in any regulation, proclamation, or order in council a reference is made to the dissolved corporation or to the manager thereof, as the case may be, such reference shall, on and after the commencement of the amendments to this Act made by the Public Service (Administrative Arrangements) Act 1990 (No. 2) , and subject as may be otherwise provided in this Act, be deemed to be a reference to the

s 8 15 s 9 State Housing Act 1945 commission constituted under this Act or to the chief executive or secretary thereof, as the case may require. PART 2—ADMINISTRATION OF ACT AND CONSTITUTION AND POWERS OF THE QUEENSLAND HOUSING COMMISSION 8 Administration of Act This Act shall be administered by the Minister; and under the Minister the commission, by the chief executive and other officers appointed or deputed in that behalf, is hereby authorised to carry out the provisions of this Act. 9 Constitution of Queensland Housing Commission (1) For the purposes of this Act there shall be a housing authority called the Queensland Housing Commission (the “commission” ) constituted as hereinafter provided. (2) The chief executive representing the Crown is hereby constituted a corporation sole under the name and style of the Queensland Housing Commission and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued, and shall, subject to this Act, have power to take, purchase, take on lease, sell, exchange, lease, assign, transfer, surrender to the Crown and hold lands, goods, chattels, securities and other property. (3) All courts, judges, justices and persons acting judicially shall take judicial notice of the constitution of the Queensland Housing Commission and of the appointment of the chief executive or secretary thereof, and of their respective signatures and of the seal of the commission affixed to any document or notice, and until the contrary is proved shall presume that any such signature or such seal, as the case may be, was duly affixed to any document or notice concerned.

s 10 16 s 10A State Housing Act 1945 Crown agency (4) For all the purposes of this Act— (a) the commission shall have and may exercise all the powers, privileges, rights, and remedies of the Crown; (b) the commission shall have and may exercise all such powers, authorities, and discretions, and may do all such acts and things, as a private person in Queensland has or may exercise or do, and the commission generally may do whatever it deems necessary in connection with or incident to any business carried on by it. These powers additional to others (5) The powers conferred by this section shall be in addition to any other powers conferred upon the commission by this Act. 10 General powers and duties of chief executive The chief executive shall— (a) advise the Minister on matters connected with this Act generally; (b) make or cause to be made any inquiry or investigation required by this Act or any inquiry or investigation which the Minister may think necessary or expedient so to make. 10A Delegation of chief executive’s powers (1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified person. (2) A delegation of a power may permit the subdelegation of the power to an appropriately qualified person. (3) In this section— “appropriately qualified” includes having the qualifications, experience or standing appropriate to exercise the power. Example of ‘standing’— A person’s classification level in a department.

s 10B 17 State Housing Act 1945 s 11 10B District offices and agents of the commission A regulation may— (a) establish a district office of the commission; or (b) appoint an agent of the commission. 11 Officers and employees employed under Public Service Act (1) The secretary to the commission (the “secretary” ), an officer in charge of a district office of the commission (a “district officer” ), and other officers and employees necessary for this Act are to be employed under the Public Service Act 1996 . Secretary to have custody of seal (5) The secretary shall be charged with the custody of the official seal of the commission, and shall have power to execute documents on behalf of the commission and to affix the official seal of the commission, and shall also have such other powers and perform such other duties as are from time to time prescribed or, subject as so prescribed, delegated to the secretary by the commission. Duplicate seal (5A) The commission may authorise the making of duplicates of the official seal and may authorise in writing, any person, either generally or in a specific case, to affix a duplicate of the official seal to any document or writing which that person is authorised in writing to seal on behalf of the commission. Cooperation by other State departments etc. (6) Every department, every Crown corporation or instrumentality, or corporation or instrumentality representing the Crown, every local government, or any other relevant body which may hereafter be constituted shall, subject to approval by the Minister and agreement in that behalf between the Minister as defined in this Act and the other Minister of the Crown (if any) for the time being administering such other department, corporation, instrumentality, local government or other body, cooperate with the commission in the carrying out of this Act. (7) Without limit to the generality of the preceding provisions of this section, the commission shall, subject to ministerial approval and agreement as hereinbefore mentioned in this section, have power and authority to consult with and use the services in his or her official capacity

s 12 18 s 13 State Housing Act 1945 of any officer of any department, Crown corporation or instrumentality, or corporation or instrumentality representing the Crown, local government or local body, or other body, for the purposes of any act, matter, or thing arising out of or in connection with the purposes of this Act. (8) Subject to ministerial approval and agreement as hereinbefore mentioned in this section, every officer of any department, Crown corporation or instrumentality, or corporation or instrumentality representing the Crown, local government or local body shall make himself or herself available for consultation or service as required by the commission for the purposes of any act, matter, or thing arising out of or in connection with this Act, including the furnishing by such officer of statistical, technical, financial, or other information in the possession of or available to or obtainable by such officer in the officer’s official capacity and which in the opinion of the commission is or may be material to or in respect of any such purpose. (9) Nothing in this Act shall prejudice or affect the powers, functions, and authorities of the coordinator-general constituted under the State Development and Public Works Organization Act 1971 . 1 12 Salaries payable out of the fund Subject to this Act, the salaries, wages, or allowances of the chief executive and all other officers and employees of the commission shall be paid out of the fund. 13 Commission may manage business The commission may, subject to the Minister, arrange with any Crown instrumentality or Crown corporation or Minister representing the Crown to manage, and such commission shall thereupon, as the fully constituted deputy and attorney of and for such Crown instrumentality or Crown corporation or Minister representing the Crown, be authorised to manage the whole or any part of the business of the Crown instrumentality or Crown corporation or Minister representing the Crown, and for so doing the commission shall be entitled to receive such annual management fee or commission as is mutually agreed upon between the commission and the Crown instrumentality, or Crown corporation or Minister concerned. 1 Now see the Acts Interpretation Act 1954 , section 14I and the State Development and Public Works Organisation Amendment Act 1999 , section 2, schedule.

s 14 19 s 16 State Housing Act 1945 14 Validation of certain action (1) All acts, matters and things done or executed by the State Advances Corporation in aid of State housing prior to the passing of this Act or subsequent to its passing prior to its commencement, which if done or executed by the commission or by the chief executive subsequent to such commencement would be valid and lawful, are and shall always have been lawful, and are hereby authorised, approved, ratified, confirmed, and validated accordingly. (2) This section shall take effect on the passing of this Act. 15 Application of administrative provisions of sch to commission The provisions of the schedule apply to the commission in the exercise of its powers under this Act. 16 Queensland Housing Commission Fund (1) The Queensland Housing Commission Fund (the “fund” ) is continued in existence subject to the Financial Administration and Audit Act 1977 , part 8, division 2. 2 (1A) Accounts for the fund must be kept as part of the departmental accounts of the department. (2) Amounts received for the fund must be deposited in a departmental financial-institution account of the commission but may be deposited in an account used for depositing other amounts of the commission. (3) Amounts received for the fund include— (a) amounts paid to the department as part of the department’s departmental vote under the Financial Administration and Audit Act 1977 and made available by the department to the commission for the fund; and (b) all moneys repaid to the commission for advances and interest on advances made under this Act or another Act; and (c) all other moneys received by the commission. 2 Financial Administration and Audit Act 1977 , part 8 (Transitional provisions), division 2 (Transitional provisions for Financial Administration Legislation Amendment Act 1999)

s 17 20 s 17A State Housing Act 1945 (4) Subject to this Act all advances by the commission made under this Act shall be payable out of the fund. (5) Subject to this Act all moneys expended in pursuance of this Act in respect of costs of any land and buildings purchased or acquired under this Act, costs of subdivision and preparation of lands for the purposes of the Act, and all other costs, charges and expenses incurred in the administration of this Act shall be payable out of the fund. (6) Until applied for the purpose for which paid into the fund the commission shall pay on deposit or other trust moneys such interest as would be payable thereon were such moneys deposited in the Commonwealth Savings Bank. (7) In this section— “departmental accounts” , of a department, means the accounts of the department under the Financial Administration and Audit Act 1977 , section 12. “departmental financial-institution account ”, of a department, means an account of the department kept under the Financial Administration and Audit Act 1977 , section 18. “other amounts” , of a department, means amounts received by the department other than amounts received for the fund. 17 Loans by Government to commission The Governor in Council may by warrant under the hand of the Treasurer direct and authorise loans to be made to the said commission out of the consolidated fund. 17A Commission is statutory body (1) Under the Statutory Bodies Financial Arrangements Act 1982 , the commission is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the commission’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .

s 18 21 s 19 State Housing Act 1945 18 Power to vest other lands (1) The Governor in Council may at any time, by order in council, vest in fee simple in, or place under the permanent or temporary control of, the commission any Crown land to be used for the purposes of the business of the commission. (1A) An order in council under subsection (1) is not subordinate legislation. (2) The value of any land vested in fee simple in the commission under this section shall be fixed by the Governor in Council, and the amount thereof shall be debited against the fund, and deemed to be an investment. Setting apart Crown land for the purposes of this Act (3) The Governor in Council may from time to time, by notification in the gazette, set apart any vacant Crown land to be used for the purposes of this Act; and thereupon such land shall become and be available for the purposes of this Act. 19 Exemption from rating (1) Land, including any lot shown on a plan registered pursuant to the Building Units and Group Titles Act 1980 or that, under the BCCM Act, is a lot included in a community titles scheme, for the time being vested in fee simple in the commission or occupied by it for the purpose of carrying on the business of the commission shall not be deemed to be rateable land within the meaning of the Local Government Acts. (2) Subsection (1) does not apply to— (a) land that is the subject of a section 24 contract; or (b) land in which a person has a share that the person bought under a section 24 contract. 3 (3) In this section— “section 24 contract” means a contract of sale entered into under section 24 under which— 3 See section 50 (Transitional provision for State Housing and Other Acts Amendment Act 2002 ).

s 20 22 s 21 State Housing Act 1945 (a) the purchasing price, other than any deposit, is payable in 2 or more instalments; or (b) the sale is of a share in a house and land. 20 General duty of the commission (1) Subject to the Minister it shall be the general duty of the commission to attain, so far as may be, the general improvement of the housing conditions of the citizens of this State, and without limiting the generality of this duty, to provide for adequate and suitable housing accommodation for persons of limited means and for persons not otherwise adequately housed. (2) For the purposes of this Act the commission may— (a) carry out all such surveys and investigations as may be necessary or expedient for the purposes of this Act, or for the purpose of ascertaining the housing conditions in any locality; and (b) recommend making of local laws by local governments. 21 Functions of the commission (1) The commission shall, in addition to the duties as above prescribed, be entrusted with the duty of dealing with applications made under— (a) this Act; or (b) any other Act or law in relation to housing, the administration whereof is or may be entrusted to the commission. (2) For the purpose of exercising such duties as aforesaid, the commission shall have power and authority— (i) to inquire into and consider applications as herein provided; (ii) to require any further or other information in respect of any such application; (iii) to approve of any such application (either wholly or in part); (iv) to refuse any such application. (3) The commission shall also have such advisory powers as may from time to time be prescribed, and such other powers as may be imposed by the Minister on the commission.

s 22 23 s 22 State Housing Act 1945 Further functions of commission (4) In addition to the powers, authorities, and functions of the commission as otherwise provided in this Act, it shall be the duty of the commission, subject to the Minister— (a) to formulate generally proposals for improving the housing conditions generally of the State and to make recommendations to the Minister in regard thereto; (b) to ensure the effective administration of this Act, and for the effective organisation and performance of the work involved in dealing expeditiously with applications and the commission’s administration; (c) to cooperate and consult with a local government or any other town planning body in respect of any planning scheme of the local government or body concerned or to make recommendations to the local government or body concerned as to the formulation by such local government or body of any such planning scheme; (d) to cooperate and consult with a local government in respect of any scheme within the powers and jurisdiction of the local government concerned with the object of preventing or remedying conditions usually referred to as ‘slumming’ conditions, or to make recommendations to the local government concerned as to the formulation by it of any such scheme; (e) to cooperate and consult with a local government in the direction of the promulgating by the local government of uniform building regulations in the area of the local government concerned; (f) to perform such other duties as the Minister may direct. 22 Special powers of commission (1) Subject to this Act, the commission may from time to time exercise the following powers— (a) — Power to acquire land (i) with the approval of the Minister, take, purchase, contract for the use of, or otherwise provide any land which may be required for the purposes of this Act;

s 22 24 s 22 State Housing Act 1945 (ii) with the consent of the Governor in Council, and on the recommendation of the Secretary for Public Lands, purchase or acquire any Crown land (and notwithstanding anything in any Act the Governor in Council is hereby empowered to grant any such land to the commission at such price (if any) and on such terms and conditions as the Governor in Council thinks fit); (iii) with the consent of the Governor in Council purchase or acquire from a local government any land (not being land set apart or reserved under the Land Act) vested in the local government and (notwithstanding anything in any Act) the local government is hereby empowered to sell or dispose of any such land to the commission; (iv) replan and resubdivide any area in which the commission has purchased or acquired land, and subject to this part and to any provisions in the Land Act secure the closing of any street or the extinguishment of any easement or restrictive covenant for that purpose. However, regard may be given to any recommendation herein of a local government concerned; (b) with the approval of the Minister erect buildings and repair, equip, furnish, and maintain the same; let offices or other accommodation in any building or premises for such rent as it thinks proper, and generally control and manage any buildings the property of the commission; (c) hold, until the same can be advantageously disposed of, any property, real or personal, taken by it as security for or in satisfaction, liquidation, or discharge of any debt owing to the commission; (d) with the approval of the Minister, as occasion may require, sell, lease, convey, assign, and assure any lands, buildings, securities, or property whatsoever vested in the commission or any estate or interest in the same; (e) with the approval of the Minister, carry out any improvements to the land and erect dwelling houses or erect buildings for subdivision into lots by the registration of a plan pursuant to the Building Units and Group Titles Act 1980 , or the registration of a plan under the Land Title Act 1994 for the establishment of a community titles scheme under the BCCM Act, for the purpose

s 22 25 s 22 State Housing Act 1945 of sale or for letting as dwelling houses to, eligible persons as provided in this Act, on or lay out and construct as streets— (i) any land or any part thereof purchased, acquired, or set apart pursuant to this Act, as aforesaid; or (ii) any other land or any part thereof acquired by the commission; (f) set apart with the consent of the Minister any such land or any part thereof for open spaces or places of recreation, or erect on any such land any buildings which in the opinion of the commission will serve a beneficial purpose in connection with the requirements of the persons to whom such houses are sold, let, or leased under this Act. However, regard may be given to any recommendation of a local government concerned; (g) with the consent of the Governor in Council 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 subsection; (h) with the approval of the Minister, at such price and on such terms and conditions as the commission thinks fit lease any land purchased or acquired by or vested in it under this Act or set apart to be used for the purposes of this Act. However, the Minister shall not approve such lease unless the Minister is satisfied that the land is not immediately required for the purposes of this Act or that the lease will serve a beneficial purpose with regard to the community in the locality of the land; (i) with the approval of the Minister, on such terms and conditions and subject to such restrictions, exceptions and reservations as the commission thinks fit, sell any land vested in or purchased or acquired by it under this Act, or set apart to be used for the purposes of this Act. However, the Minister shall not approve such sale unless the Minister is satisfied that such land is not now required for the purposes of this Act or that such sale will serve a beneficial purpose with regard to the community in the locality of such land;

s 22 26 s 22 State Housing Act 1945 (j) with the consent of the Governor in Council upon such terms and conditions and subject to such restrictions, exceptions, and reservations as the commission thinks fit exchange any land vested in or purchased or acquired by the commission under this Act or set apart to be used for the purposes of this Act for any other land and give or receive consideration for equality of exchange; (k) with the approval of the Minister, enter into an arrangement with the appropriate Crown or other instrumentality or other authority— (i) for the making of roads or other facilities affording access to dwelling houses acquired, erected, or to be erected in pursuance of this Act; and (ii) for connecting any such dwelling houses with sewerage, drainage, water, gas, and electric power and lighting systems; and (iii) for establishing or extending such systems to connect with any such dwelling houses; and may allot to each dwelling house having the benefit of the arrangement such proportion of the cost incurred by the commission under the arrangement as the commission deems just; (l) do all matters and things incidental to any of the abovementioned matters herein in this subsection mentioned; (m) upon the completion of a sale made pursuant to paragraph (i) or an exchange pursuant to paragraph (j) of land set apart the commission shall certify in writing such completion to the Minister for submission to the Governor in Council who shall thereupon, in the name of Her Majesty, grant in fee simple such land to the person to whom the land is sold or as the case may be, with whom the land is exchanged and cause a deed of grant thereof to issue in the person’s name accordingly. (1A) The commission or a person authorised either generally or specially by it may enter and re-enter from time to time upon any land, with such assistants as are required, for the purpose of inspecting that land or of making any survey thereof and may affix or set up thereon trigonometrical stations, survey pegs, marks, or poles and from time to time alter, remove, inspect, reinstate, and repair the same.

s 22 27 s 22 State Housing Act 1945 (1B) When practicable reasonable notice shall be given to the occupier of the land of the intention to enter thereon, and the authority under which the person entering claims to enter or has entered shall, if required by the owner or occupier, be produced and shown. (1C) A person who obstructs or attempts to obstruct a person acting under the authority of subsection (1A) or who, without due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up under the authority of subsection (1A) shall be guilty of an offence and liable to a penalty of not more than $100. (2) The commission shall be a constructing authority within the meaning of the Acquisition of Land Act 1967 , for the purposes of exercising its powers and authorities under this Act. (2A) As well as land granted in fee simple the commission as a constructing authority under the Acquisition of Land Act 1967 , may take for the purpose of exercising its powers and authorities under this Act land which is held from the Crown for a lesser estate or interest than fee simple. (2B) Any land referred to in subsection (2A) shall, if vested in the commission by the proclamation taking it, be vested in it for an estate in fee simple. (2C) The Governor in Council is hereby authorised to so vest and grant in fee simple the land subject to such reservations and conditions as are authorised or prescribed by the Land Act 1994 . (2D) Any land taken by the commission which has been vested in the Crown by the proclamation taking the land shall be and remain Crown land until the same is according to the purpose for which the land shall have been taken, dealt with as prescribed. (3) The Acquisition of Land Act 1967 , shall be read with and subject to all such modifications and adaptations thereof as are necessary to give operation and effect to subsections (2A) to (2C) including, as respects any land in question, by reading any reference therein to the registrar of titles as referring to the person or authority charged with registering instruments evidencing the title to the estate or interest in that land held from the Crown. Regulations for management etc. of houses (4) The Governor in Council may make regulations for or with respect to the management, use, control, regulation and inspection of houses,

s 22A 28 State Housing Act 1945 s 22C buildings and land maintained or caused to be maintained by the commission. (5) The foregoing powers shall be in addition to any other powers conferred upon the commission by this Act. 22A Provision for payment upon erection of 1 of several dwelling houses under contract (1) Where the commission has contracted with any person (in this section called the “contractor” ) for the erection by him of a group of 2 or more dwelling houses, and the contractor has completed the erection of any such dwelling house in accordance with the contract to the satisfaction of the commission, and has handed over such dwelling house to the commission, the commission may, make to the contractor such payment as in its opinion would not exceed the sum which would be payable in respect of such dwelling house if the total money payable under the contract were apportioned amongst all of the dwelling houses included in the contract. (2) This section shall be read and applied so as to give the commission power to pay at its discretion, but so that the provisions hereof shall not give, or be deemed to give, to a contractor any greater right to recover payment of money from the commission than the contractor would have if this section had not been passed. 22C Commission may make grants (1) The commission may on such terms and conditions as it thinks fit— (a) give grants of money; (b) give a house and the land on which it is erected; to any local government or association for the purpose of enabling that local government or association to provide housing to any person. (2) In subsection (1)— “association” means an incorporated association, society, institution, body or cooperative which by its governing rules howsoever described— (a) prohibits the distribution of any of its profits or assets among its members; and

s 22D 29 State Housing Act 1945 s 22D (b) provides, to the satisfaction of the commission, for the general improvement of the housing conditions of the citizens of this State. 22D Commission may enter into joint ventures (1) The commission, may with the prior approval of the Governor in Council and on the recommendation of the Minister, enter into or participate in a joint venture with any person or local government which joint venture provides for the carrying out, control, or management, either jointly or by one party on behalf of any other, or otherwise as may be agreed in the common interest, of a project involving— (a) the erection of houses; (b) the subdivision, or acquisition and subdivision, and development of land for housing and related purposes; (c) the provision of services in relation to houses or subdivided land; (d) the marketing of houses or subdivided land. (1A) The Minister shall not recommend that the Governor in Council approves of the commission entering into and participating in a joint venture relating to a project unless the commission has submitted to the Minister details that the Minister considers to be adequate, of the proposed project and arrangements relating thereto, and the Minister is satisfied that the joint venture will contribute to the general improvement of the housing condition of the citizens of this State and approves of the project. (2) For the purpose of performing its obligations under a joint venture, and without limiting any power already conferred on the commission under this Act, the commission may— (a) join in the formation of any company to be incorporated; (b) purchase, hold, dispose of or deal with shares in or subscribe to the issue of shares by, any company; (c) seek and maintain appropriate representation on any board or other body having responsibility in the carrying out, management, or control of the project; (d) subject to any contract relating to the project, receive contributions or other moneys relating to the project and disburse or distribute or arrange for the disbursement or distribution of those contributions or other moneys;

s 23 30 s 23 State Housing Act 1945 (e) make advances of money or provide financial accommodation to any person acting in furtherance of the joint venture; (f) guarantee the due performance of any covenants, promises, obligations or liabilities (including the repayment of loans, bank overdrafts or other financial accommodation and the payment of interest thereon) undertaken by any person acting in furtherance of the joint venture; (g) transfer any land the fee simple of which is vested in it to any person acting in furtherance of the joint venture; (h) require any person acting in furtherance of the joint venture to give the commission any mortgage, security, encumbrance or charge over any real or personal property or to give personal guarantees to the commission; (i) provide any service, expertise or skills which it may possess to any person acting in furtherance of the joint venture; (j) construct improvements and services of whatever nature on any land being developed for the purpose of the joint venture; (k) without limiting the generality of the foregoing, do all such things as may be necessary or incidental to the performance of its obligations under a joint venture or which the Minister may by writing direct it to do to give effect to its obligations under a joint venture. PART 3—ADVANCES FOR HOUSING PURPOSES 23 Power to commission to make advances to eligible persons for erection of dwelling houses etc. (1) Subject to this Act, in order to assist a person— (a) to erect a dwelling house on land owned or being acquired by the person; (b) to enlarge, alter, repair, improve, or paint a house on land owned by the person; the commission may, upon application in writing, make an advance to such person either by instalments or otherwise upon the security of the land on

s 23 31 s 23 State Housing Act 1945 which the dwelling house is erected or will be erected or upon such other security over real or personal property with or without any collateral guarantee as the commission thinks fit. (1A) In the application for an advance under subsection (1)(a) the applicant may apply for the commission to utilise and the commission may utilise part of the amount to be advanced for the purpose of liquidating the liability of the applicant arising as a consequence of the applicant purchasing or acquiring or agreeing to purchase or acquire the land upon which the dwelling house is intended to be erected. (1B) It shall be a condition of an advance any part of which is utilised as provided in subsection (1A) that the applicant, within the period of 3 months of that utilisation or such longer period as the commission in the particular case approves, shall execute an agreement approved by the commission for the erection of a dwelling house on the land the subject of the application for the advance. (2) An advance shall not be made under this section to a person unless the commission is satisfied that— (a) the applicant is the owner of or is purchasing or acquiring or has agreed to purchase or acquire any land whether freehold, leasehold or an estate or interest in land that the commission accepts as being of a sufficiently permanent nature and as suitable for the purposes of this section; and (b) the dwelling house in respect of which the advance is made is intended to be used by the borrower as the borrower’s home and for no other purpose; and (c) except in circumstances approved by the commission, neither the borrower nor the spouse (if any) of the borrower is the owner of any other dwelling house within Queensland or elsewhere. (2A) Except as provided in subsection (1A), an advance shall only be made under this section if the applicant for the advance is the owner of the land the subject of the application. Limit of rate of advance (3) Subject as herein provided no such advance shall exceed the fair estimated value of such dwelling house and of the land whereon it is or is to be erected.

s 23 32 s 23 State Housing Act 1945 Total limit of advance (4) A regulation may fix the maximum amount that may be advanced under this part. (4AA) No advance under this part of this Act shall exceed the maximum amount therefor determined for the time being by or under subsection (4). Power of the Minister to approve of advance exceeding the prescribed limit (4A) The Minister may, upon the recommendation of the chief executive, approve in a particular case of an advance exceeding the limit imposed by subsection (4AA) and the commission may make, under and in accordance with the provisions of this Act, any advance so approved. (5) However, an advance exceeding the limit imposed by subsection (3) shall not be approved or made in pursuance of subsection (4A). (6) Whenever any question arises whether any applicant is the owner of a dwelling house within Queensland or elsewhere, or as to the amount of the applicant’s income or as to the fair estimated value of the dwelling house and of the land, the decision of the commission upon such question shall be final and conclusive for all purposes, and shall not be questioned in any proceedings whatsoever. Miner’s homestead leases (7) For the purposes of making advances on the security of a miner’s homestead lease, as defined by the Mining Act 1898 such leasehold shall be considered as if it were held in fee simple by the lessee thereof. Advances where home unfit for habitation (9) The commission may make an advance to any person whose home has been condemned by any local government, pursuant to its powers, authorities, and jurisdiction under the Building Act 1975 , as unfit for habitation, with a view to enabling such person to repair or rebuild the person’s home so that such home may conform to the local laws or regulations of the local government concerned. (10) Such advance may be made on such terms, provisions, conditions, and stipulations as the commission may deem fit, or as may be prescribed. (11) However, the local government shall acquaint the commission with any order made by it condemning the house concerned or ordering same to be demolished or repaired, as the case may be.

s 23A 33 State Housing Act 1945 s 23A 23A Advances for the purchase of dwelling houses (1) Subject to this section the commission may make an advance to any person for the purpose of assisting the person to purchase a dwelling house and its appurtenant land, including any dwelling house for assisting in the erection whereof the commission has made an advance under this Act, or any dwelling house sold by the commission under this Act. (2) An advance shall not be made to a person under this section in respect of a house unless the commission is satisfied that— (a) the house is intended to be used by the person as the person’s home and for no other purpose; and (b) except in circumstances approved by the commission, neither the person nor his or her spouse (if any) is the owner of any other house in Queensland or elsewhere. (3) The amount of an advance under this section shall not exceed the maximum amount which the commission could advance under this part of this Act if the advance were made in order to assist the person concerned to erect the dwelling house in question. (4) The commission shall not make to a person an advance or advances under this section the amount of which exceeds— (a) the purchasing price; or (b) the fair estimated value of the house and its appurtenant land; whichever is the less. (5) Subsections (3) and (4) apply so that neither authorises the commission to make under this section to any person an advance the amount whereof exceeds the maximum imposed by the other. (6) The provisions of section 25B— (a) shall apply to and with respect to an advance made to a person under this section in respect of a house which the commission is satisfied has been erected within the period of 5 years next preceding the date when the application in writing for the advance was received by the commission; (b) shall not apply to or with respect to an advance made to a person under this section in respect of a house which the commission is satisfied has been erected more than 5 years before the date when the application in writing for the advance was received by the commission.

s 23A 34 State Housing Act 1945 s 23A (8) Subject to the provisions of subsections (1) to (6)— (a) any and every provision of this Act which applies to or with respect to an advance under section 23 shall, with and subject to all necessary adaptations thereof, apply and extend to and with respect to advances under this section and borrowers to whom those advances are or are proposed to be made; and (b) any and every power, function, right or remedy had by the chief executive, the commission, or any officer of the commission under this Act or under any mortgage or other security given or entered into under or in pursuance of this Act in relation to an advance under section 23 (including the rights and remedies of the commission against a borrower of an advance under that section who has made default in observing or performing any provision of this Act or any covenant or condition binding upon the borrower of a mortgage or other security given or entered into by that borrower under or in pursuance of this Act) shall be had and may be exercised by the chief executive, the commission or, as the case may be, that officer in relation to an advance under this section; and (c) any and every obligation, liability or responsibility which, in relation to an advance under section 23, is or may be imposed upon a borrower under this Act or under any mortgage or other security given or entered into under or in pursuance of this Act in relation to an advance under section 23 (including the obligations, liabilities and responsibilities of a borrower of an advance under section 23 who has made default in observing or performing any provision of this Act or any covenant or condition binding upon the borrower of a mortgage or other security given or entered into by that borrower under this Act) shall or, as the case may be, may be imposed upon a borrower in relation to an advance under this section; and (d) the power to make regulations under this Act shall include power to make all such regulations as the Governor in Council deems necessary or convenient, whether generally or to meet a particular case, to administer or to carry out the objects and purposes of this section. (8A) Where under this Act a regulation may be made for a specified purpose a regulation for that purpose may be limited in its application so as to apply and extend only in relation to advances under this section, and any subsisting regulation made for a specified purpose may be amended,

s 23B 35 State Housing Act 1945 s 23B altered, varied or otherwise modified so as to extend its application to and with respect to advances under this section. (9) All fees payable under this Act, the Land Title Act 1994 or the Land Act 1994 for an instrument or transaction entered into or made by the commission for this section must be paid by the other party to the instrument or transaction. PART 4—SALE OF HOUSES 23B Sale of lots under Building Units and Group Titles Act or BCCM Act to pensioners (1) The Minister may by notification published in the gazette declare that land held in fee simple by the commission and specified in the notification shall be reserved for sale as provided in this section. (2) The commission shall forward a copy of the gazette containing a notification referred to in subsection (1) to the registrar of titles. (3) The registrar of titles, upon production to the registrar of the relevant deed of grant or certificate of title, shall, without fee and without any request record on the register in respect of the land specified in the notification the fact of the reservation and make on the deed or, as the case may be, certificate the following endorsement— ‘Attention is directed to the provisions of the State Housing Act 1945 , section 23B relating to change of registered proprietors.’. (4) Where the land specified in the notification becomes the subject of a plan registered pursuant to the Building Units and Group Titles Act 1980 , or a plan registered under the Land Title Act 1994 for establishing a community titles scheme under the BCCM Act, the registrar of titles shall without fee and without any request record in the register the fact of the reservation and make the endorsement prescribed by subsection (3) upon each certificate of title issued in respect of the lots created by that registration. (5) Where the commission sells land reserved pursuant to subsection (1), it shall be sold by the commission as lots on a plan pursuant to the Building

s 23B 36 State Housing Act 1945 s 23B Units and Group Titles Act 1980 or as lots included in a community titles scheme under the BCCM Act. (6) The commission may upon such terms and conditions as the commission thinks fit sell a lot that is the subject of a reservation referred to in subsection (1) to a person if the commission is satisfied that— (a) that person is of limited means; and (b) that person is a pensioner or the spouse of a pensioner; and (c) that person has attained the age of 55 years; and (d) that person intends to use the lot as a home for— (i) himself or herself; or (ii) himself or herself and his or her spouse; or (iii) himself or herself and 1 other person; and for no other person; and (e) except in circumstances approved by the commission, none of the persons for whom the lot is intended to be used as a home owns any other dwelling house in Queensland or elsewhere. (6A) The commission may sell a lot that is the subject of a reservation referred to in subsection (1) to 2 persons. (6B) However, each person is eligible in accordance with subsection (6) (other than paragraphs (b) and (c)) to purchase such a lot if at least 1 of them is a pensioner and at least 1 of them has attained the age of 55 years. (6C) For the purposes of subsections (6) to (6B) a person is a pensioner if that person is in receipt— (a) pursuant to the Social Security Act 1947 (Cwlth), 4 or any Act in substitution for that Act, of— (i) an age pension; or (ii) an invalid pension; or (iii) a widow’s pension; or 4 Now see the Acts Interpretation Act 1954 , section 14H and the Social Security Act 1991 (Cwlth).

s 23B 37 State Housing Act 1945 s 23B (b) pursuant to the Repatriation Act 1920 (Cwlth), 5 part 3, or any Act in substitution for that Act, of a pension; or will be entitled to receive such a pension upon completion of the purchase by that person of a lot referred to in this section. (7) Notwithstanding the provisions of subsection (6), where special circumstances exist, the commission, with the Minister’s approval, may sell any lot vested in the commission, which is subject to a reservation referred to in subsection (1), to any person. (8) Where a lot is the subject of a reservation referred to in subsection (1), the registrar of titles shall not register a change of registered proprietor, other than the recording of the death of a joint tenant or the transmission by death to a personal representative of a registered proprietor, of that lot unless— (a) the change is by way of memorandum of transfer and the transferor is the commission; or (b) the documents lodged in the land registry are accompanied by a form of consent of the commission. (8A) The commission may consent to a change of registered proprietor for the purposes of subsection (8)(b)— (a) where, if the lot had been vested in the commission, the commission would have been entitled under this section to sell the lot to the person or persons who is or are to become the registered proprietor or proprietors, of the lot; or (b) where special circumstances exist and the Minister approves the change. (9) Nothing in this section shall prevent the commission from acquiring land or a lot subject to a reservation referred to in subsection (1) and the registrar of titles may register the commission as proprietor of that land or lot notwithstanding that subsection (8) is not complied with. (10) The Minister may by notification published in the gazette declare that a reservation affecting land specified in the notification shall be cancelled in respect of that land. 5 Now see the Acts Interpretation Act 1954 , section 14H and the Veterans’ Entitlement Act 1986 (Cwlth).

s 24A 38 State Housing Act 1945 s 24A (11) Upon receipt of a copy of the gazette, the registrar of titles shall record on the register the fact of the cancellation and thereupon the reservation shall have no further force or effect in respect of that land. 24A Power of commission to provide home sites (1) Subject to this section, in order to assist a person to obtain land on which to erect a dwelling house, the commission with the approval of the Minister may— (a) enter into an agreement to sell to any person for an estate in fee simple any land which is vested in the commission for an estate in fee simple or any vacant Crown land which, having been set apart by the Governor in Council, by notification in the gazette, for the purposes of this Act, has become and is available for the purposes of this Act; or (b) enter into arrangements with any person for the grant to such person of a perpetual town lease or perpetual suburban lease of any vacant Crown land which, having been set apart by the Governor in Council, by notification in the gazette, for the purposes of this Act, has become and is available for the purposes of this Act. (2) The commission shall not, in respect of any land, enter into any agreement mentioned in subsection (1)(a) or arrangements mentioned in subsection (1)(b) with any person unless the commission is satisfied— (a) that such person intends to use the land for the purpose of erecting the person’s home thereon and for no other purpose; and (b) that, except in circumstances approved by the commission, neither such person nor his or her spouse (if any) is the owner of, or holds from the Crown for a lesser estate than freehold, any land in Queensland or elsewhere on which a dwelling house may be erected; and (c) that, except in circumstances approved by the commission, neither such person nor his or her spouse (if any) is the owner of a dwelling house in Queensland or elsewhere. (3) The purchasing price of any land agreed to be sold by the commission pursuant to this section shall be agreed upon between the commission and the purchaser.

s 24A 39 State Housing Act 1945 s 24A (3A) The commission shall fix the capital value of any land the subject of arrangements mentioned in subsection (1)(b) entered into by it. (3B) Such capital value shall be exclusive of the value of any improvements, upon such land, but the commission shall also fix the value of such improvements (if any). (3C) In the case of arrangements with respect to a perpetual town lease or perpetual suburban lease of any improved land, the person who is a party thereto shall, within the period of 18 months next following the date of entry by the parties into the arrangements, pay to the commission the capital value, as fixed by the commission, of the improvements, and the making of such payment in full shall be a condition of the arrangements and such condition shall be binding upon such person and shall be performed by the person. (4) Every agreement to sell any land entered into by the commission with any person pursuant to this section after the commencement of the State Housing Act and Another Act Amendment Act 1979 shall contain the following conditions which shall be binding upon such person and be performed by the person— (a) that such person shall have paid a deposit of not less than that per centum (if any) determined by the Minister from time to time, of the purchasing price before the entry by the commission into the agreement; (b) that such person will pay interest at the rate determined by the Governor in Council, calculated at monthly rests, upon the unpaid balance of the purchasing price; (c) that such person will pay the balance of the purchasing price with interest thereon, within the period of 3 years next following the date of entry by the parties into the agreement, by payment on the day in each month specified in the agreement of monthly instalments of such amount, or of such amounts respectively, as is or are specified in the agreement; (d) that such person will, as from the date of entry by the parties into the agreement, pay all rates, taxes and other charges on the land concerned. (5) In every case arrangements for the grant of a perpetual town lease or a perpetual suburban lease entered into by the commission with any person pursuant to this section shall contain the conditions set out in

s 24A 40 State Housing Act 1945 s 24A subsection (4)(d), which conditions shall be binding upon such person and be performed by the person. (5A) For the purposes of subsection (5), subsection (4)(d) shall be read as if the term ‘arrangements’ were substituted for the term ‘agreement’ therein. (6) If and when the commission is satisfied that any person to whom the commission has agreed in pursuance of this section to sell any land has complied in every respect with the conditions of the agreement specified in subsection (4) the commission shall— (a) if such land is vested in the commission for an estate in fee simple—execute and give to such person an instrument of transfer capable of registration under the Land Title Act 1994 and transferring such land to such person for an estate in fee simple; or (b) in any other case—certify in writing such compliance to the Minister for submission to the Governor in Council who shall thereupon, in the name of Her Majesty, grant in fee simple such land to such person and cause a deed of grant thereof to issue in the person’s name accordingly. (6A) Every such grant shall be subject to the several conditions and reservations contained in and declared by the Land Act, the Mining on Private Land Act 1909 , and the Petroleum Act 1923 . (7) If and when the commission is satisfied that any person with whom the commission has made arrangements in pursuance of this section for the grant to the person of a perpetual town lease or a perpetual suburban lease of any land has complied in full with the conditions of such arrangements specified in subsections (3C) and (5), the commission shall certify in writing such compliance to the Minister who thereupon shall cause such land to be open for lease as a perpetual town lease or, accordingly as arranged, a perpetual suburban lease. (7A) The capital value of the land shall be the amount fixed by the commission under subsections (3A) and (3B). (7B) Such lease shall not be offered at auction, and the only person authorised or permitted to apply for or hold such lease shall be the person with whom the commission entered into the arrangements in question. (7C) Every such lease shall be a perpetual town lease or, accordingly as arranged, a perpetual suburban lease and, subject to and except as otherwise provided in this section, the provisions of the Land Act 1994

s 24A 41 State Housing Act 1945 s 24A shall apply and, it is hereby declared, always did apply from the commencement of that Act to every such lease accordingly. (7D) The provisions of the Land Act 1962 , section 188 do not apply to leases referred to in subsection (7). (7E) In so applying those provisions reference therein to the Minister, wherever appearing, shall be construed as referring to the Minister charged for the time being with the administration of this Act. (7F) All rents payable in respect of every perpetual town lease and every perpetual suburban lease demised pursuant to this section shall be paid to the commission. (8) Every agreement to sell any land entered into by the commission with any person pursuant to this section shall contain a covenant by the commission that if and when the commission is satisfied that such person has complied in every respect with the conditions of the agreement specified in subsection (4), the commission will— (a) if such land is vested in it for an estate in fee simple—execute and give to such person an instrument of transfer capable of registration under the Land Title Act 1994 and transferring such land to such person for an estate in fee simple; or (b) in any other case—certify such compliance in writing to the Minister and take and do all such other steps and things as are necessary to be done or may be done by it for the purpose of obtaining a grant in fee simple of such land to such person and the issue of a deed of grant therefor in the person’s name accordingly. (9) All arrangements for the grant of a perpetual town lease or a perpetual suburban lease entered into by the commission with any person pursuant to this section shall contain a covenant by the commission that, if and when the commission is satisfied that such person has complied in every respect with the conditions of the arrangements specified in subsections (3C) and (5), it will certify in writing such compliance to the Minister and will take and do all such other steps and things as are necessary to be taken or done or may be taken or done by it for the purpose of obtaining the grant of a perpetual town lease or, according to such arrangements, a perpetual suburban lease in the name of such person. (10) If any person who has entered into an agreement with the commission pursuant to this section for the sale to such person of any land makes default in the payment of any sum payable by the person to the

s 24A 42 State Housing Act 1945 s 24A commission or commits any breach of any other condition of the agreement specified in subsection (4), the commission may rescind the agreement and enter upon and take possession of the land. (10A) Any person may, with the consent of the commission and subject to giving up possession to the commission of the land in question, rescind an agreement entered into by the person with the commission pursuant to this section. (10B) Upon the rescission of any agreement entered into pursuant to this section, whether by the commission pursuant to subsection (10) or by the person who is the other party thereto with the consent of the commission pursuant to subsection (10A), the commission shall— (a) firstly apply the moneys (if any) paid to it under the agreement in respect of the purchasing price (exclusive of so much thereof as is attributable to interest on the purchasing price) in payment of any duty under the Duties Act 2001 , or other fees or charges in respect of the transaction or any instrument in relation thereto, or any rates, taxes or other charges upon the land in question, which being payable is or are then unpaid; and (b) secondly, repay the remainder (if any) of such moneys, less so much thereof as is attributable to interest on the purchasing price, to the person who is the other party to the agreement in question. (10C) If the aggregate of the payments specified in subsection (10B)(a) exceeds the moneys to be applied in making such payments, the commission may, in respect of the making of such payments or any of them either wholly or partly, apply such moneys as it deems fit. (10D) Nothing in subsections (10) to (10C) shall affect the liability of the person who was the other party to the agreement in question to make any such payment to the extent to which it is not made by the commission. (11) If any person who has entered into any arrangements with the commission pursuant to this section for the grant to such person of a perpetual town lease or a perpetual suburban lease commits any breach of the conditions of such arrangements specified in subsection (3C) or (5), the commission may rescind the arrangements and enter upon and take possession of the land. (11A) Any person may, with the consent of the commission, and subject to giving up possession to the commission of the land in question, rescind any arrangements entered into by the person with the commission pursuant to this section.

s 24B 43 State Housing Act 1945 s 24B (11B) The rescission of any arrangements entered into pursuant to this section, whether by the commission pursuant to subsection (11), or by the person who is the other party thereto with the consent of the commission pursuant to subsection (11A), shall not affect the liability of the person who was the other party to such arrangements to pay any duty under the Duties Act 2001 or other fees or charges in respect of the transaction or any instrument in relation thereto, or any rates, taxes or other charges upon the land in question, which being payable is or are unpaid at the date of the rescission. (11C) The commission shall repay to the person who is the other party to the rescinded arrangements the amount (if any) paid by the person to it in respect of the capital value of improvements upon the land in question less, (if any) loss of, or depreciation in value of, such improvements occurred whilst the arrangements were in force, the amount of such loss or depreciation. (12) All fees payable under this Act, the Land Title Act 1994 or the Land Act 1994 for an agreement or arrangement entered into or made by the commission for this section must be paid by the other party to the agreement or arrangement. 24B Application of Act to workers’ homes perpetual town leases (1) Notwithstanding the provisions of the Workers’ Homes Acts Repeal Act 1961 , each perpetual town lease— (a) granted under the Workers’ Homes Act 1919 or deemed to be so granted; and (b) current at the date of commencement of the State Housing Act and Another Act Amendment Act 1983 ; shall be deemed to be and, it is hereby declared, always has been on and from the date of commencement of the Commonwealth and State Housing Agreement and State Housing Act and Another Act Amendment Act 1978 a perpetual town lease granted under section 24 and the provisions of this Act and of any other Act or law that apply to or in respect of perpetual town leases granted under section 24 shall and, it is hereby declared, always did from the date of that commencement apply accordingly. (2) Nothing in subsection (1) shall invalidate any thing validly done in pursuance of any provision of the Workers’ Homes Acts Repeal Act 1961 relating to perpetual town leases prior to the date of commencement of this section which thing shall be deemed to have been validly done under the

s 24C 44 State Housing Act 1945 s 24C corresponding Act or law that applied to perpetual town leases granted under section 24. (3) The provisions of the Workers’ Homes Acts Repeal Act 1961 , section 10(6) and (7) shall continue to apply notwithstanding the repeal of that Act by the State Housing Act and Another Act Amendment Act 1983 . 24C Rental provisions regarding perpetual leases (1) This section applies to all perpetual leases granted or deemed to have been granted, whether before or after the commencement of the State Housing Act and Another Act Amendment Act 1983 , pursuant to this part. (2) Subject to this section, each rental period of perpetual leases granted or deemed to have been granted pursuant to this part shall be 1 year. (3) The first rental period of a perpetual lease granted after 31 December 1983 shall be from the date of grant of the lease to 30 June next occurring after the expiration of 12 months from the date of grant. (4) Where a perpetual lease granted or deemed to have been granted pursuant to this part subsists on 31 December 1983— (a) notwithstanding subsection (2), the rental period subsisting at 31 December 1983 shall continue as the rental period; and (b) upon the expiration of the rental period referred to in paragraph (a), the rental period shall be from the day after the date of that expiration to 30 June next following; and (c) each rental period subsequent to the rental period prescribed in paragraph (b) shall be 1 year. (5) For each rental period of 1 year (other than the first rental period of a perpetual lease) commencing after 31 December 1983 the annual rental shall be a sum equal to— (a) the prescribed percentage of the unimproved value of the land the subject of the lease at the date of commencement of the period in question; or (b) $30; whichever is the greater. (5A) For the purposes of subsection (5)—

s 24C 45 State Housing Act 1945 s 24C “prescribed percentage” means 3% or such other percentage prescribed under a regulation and effective at the date of commencement of the relevant rental period. (6) In respect of a rental period being— (a) a rental period referred to in subsection (4)(b); or (b) the first rental period referred to in subsection (3); the rental shall be an amount that bears to the amount that would have been the rental had the period been a rental period referred to in subsection (5) the same proportion that the actual rental period expressed in weeks (in which expression a part of a week shall be taken to be a whole week) bears to 52. (7) For the purposes of this section, the unimproved value of land shall be— (a) in respect of the first rental period of a lease— (i) in the case of a perpetual lease granted pursuant to section 24—the capital value of the land approved by the Governor in Council under that section; (ii) in the case of a perpetual lease granted pursuant to section 24A—the capital value of the land fixed by the commission under that section; (b) in the case where a valuation of the unimproved value of the land made by the chief executive (valuations) under the Valuation of Land Act 1944 is in force at the date of commencement of the rental period in question—the amount of that valuation or that amount as varied by the Land Court, on appeal by the lessee under subsection (8); (c) in any other case—the amount that the Governor in Council determines in the particular case to be the unimproved value of the land. (8) If the lessee is dissatisfied with the valuation of the chief executive (valuations) of the unimproved value of the land, the lessee may, within 42 days after receipt by the lessee of notification in writing by the commission of the amount of the valuation, appeal against the valuation to the Land Court. (9) Such appeal shall be instituted by lodging in the Land Court registry written notice of the lessee’s grounds of appeal and serving a copy of that notice on the commission.

s 25 46 s 25 State Housing Act 1945 (10) Upon hearing an appeal under subsection (8) the Land Court may— (a) vary the amount of the valuation in such way as it thinks just; or (b) disallow the appeal and confirm the amount of the valuation; and may make such order as to the costs of the appeal as it thinks fit. (11) The unimproved value of land shall be determined by the Land Court in accordance with the provisions of the Valuation of Land Act 1944 as if the Land Court were the chief executive (valuations). (12) The determination of the Land Court on appeal shall be final and conclusive. 25 Discretion of commission as to making of contract of sale (1) The commission may, at its discretion, refuse to enter into a contract for the sale of any land and dwelling house to any person, unless it is satisfied that the person has a reasonable prospect of carrying out the terms of the contract of sale, or in any case where in its opinion, it is undesirable to enter into the contract. (2) A contract of sale may be made jointly with a qualified person and the person’s spouse. Commission may purchase and dispose of purchaser’s interest (3) In the event of a purchaser being desirous of disposing of his or her interest in any property in respect of which a contract of sale has been entered into under this Act before the purchaser has made payment in full to the commission, the commission may purchase the interest at such price as is agreed upon, and may, subject to this Act, dispose of the property to any eligible person. Application of schedule (4) Subject as is herein expressly provided the provisions of the schedule shall, mutatis mutandis, apply in respect of a purchaser under a contract of sale, and to the intent that where the terms ‘mortgagor’ or ‘mortgage’ are referred to therein, such terms shall mean for the purposes of this part ‘purchaser’ and ‘contract of sale’ respectively. (5) And where reference is made to the payment of the balance of any advance such reference shall also mean and include a reference to the payment of the unpaid balance of the purchase moneys secured under contract of sale.

s 25B 47 State Housing Act 1945 s 25B PART 4A—ENCOURAGEMENT AND AID IN BUILDING HOUSES 25B Home builders’ insurance (1) Subject to this section and to section 12 of the schedule the commission shall be deemed to insure and to keep insured as prescribed by subsection (3) every person who, on or after 1 July 1966— (a) obtains from the commission, for the purpose of assisting him, her or them to erect a dwelling house, an advance under this Act repayable before the expiration of a period not exceeding 30 years (exclusive of the period of 6 months during which interest only is payable in respect of the advance); (b) contracts under this Act to purchase from the commission a dwelling house pursuant to a contract whereunder the purchasing price is payable before the expiration of a period not exceeding 30 years; and who— (c) is under the age of 40 years at the date when— (i) the person first occupies the dwelling house in question; or (ii) in the case of a contract as hereinbefore mentioned in this section made in respect of a dwelling house then occupied by the person or by another person who is jointly with the person a party to the contract—the contract is made; or at such earlier date as may be determined by the commission (which earlier date shall be not more than 2 months prior to the date when the person first occupies the dwelling house or, in a case whereto subparagraph (ii) applies, the contract is made); and (d) satisfies the commission that the net income, ascertained as prescribed by subsection (1AB), derived by the person for the financial year next preceding the date when— (i) the person first occupies the dwelling house in question; or (ii) in the case of a contract as hereinbefore mentioned in this subsection made in respect of a dwelling house then occupied by the person or by another person who is jointly with the person a party to the contract—the contract was made;

s 25B 48 State Housing Act 1945 s 25B was not greater than $3 640; and (e) at the date when— (i) the person first occupies the dwelling house in question; or (ii) in the case of a contract hereinbefore mentioned in this section made in respect of a dwelling house then occupied by the person or by another person who is jointly with the person a party to the contract—the contract is made; or at such subsequent date not later than 9 months after the person first occupies the dwelling house in question or, in a case whereto subparagraph (ii) applies, the contract is made as is determined by the commission, produces to the commission medical evidence of good health which satisfies the commission that the person’s expectancy of life, apart from any occupational hazard, is such that the person would not be required to pay a loading or higher rate of premium in order to obtain any insurance on the person’s life in accordance with the accepted practices in relation to life insurance business at the time in question. (1A) In subsection (1AB)— “concessional deductions” means the concessional deductions under and within the meaning of the Income Tax Assessment Act 1936 (Cwlth) (or any Act substituted for that Act) which were allowable thereunder in respect of the financial year in question. (1AB) For the purposes of subsection (1)(d) the net income derived by any person for a financial year shall be the amount remaining after deducting from the gross income derived by that person for that financial year all concessional deductions to which that person is entitled for that financial year. (1B) Where in respect of a financial year for which the net income of any person is required to be ascertained for the purposes of subsection (1)(d), the commission is satisfied— (a) in the case of a person who is married at the date when the person first occupies the dwelling house the subject of the advance or contracts to purchase the dwelling house as mentioned in subsection (1)—that such person was not entitled in full to the concessional deduction in respect of a spouse for the reason that the person was not married, or that the person was married for part only of that financial year, or that the person’s spouse

s 25B 49 State Housing Act 1945 s 25B derived for that financial year income from employment which, in the opinion of the chief executive, was of a non-permanent nature; or (b) in the case of a person upon whom any child (including any invalid child or student child) is dependent at the date when the person first occupies the dwelling house the subject of the advance or contracts to purchase the dwelling house as mentioned in subsection (1)—that such person was not entitled in full to the concessional deduction in respect of such a child for the reason that such child was not dependent upon the person for the whole of that financial year or was dependent upon the person for part only of that financial year; or (c) in the case of a person who is not married at the date when the person first occupies the dwelling house the subject of the advance or contracts to purchase the dwelling house as mentioned in subsection (1)—that such person, in respect of that financial year, was entitled, whether in full or in part, to the concessional deduction in respect of a spouse; or (d) in the case of a person who, in respect of that financial year, was entitled, whether in full or in part, to the concessional deduction in respect of a child (including an invalid or student child) that, in respect of such child such person ceased to be so entitled before the date when the person first occupies the dwelling house the subject of the advance or contracts to purchase the dwelling house as mentioned in subsection (1); the commission may adjust the amount which, except for this subsection, would be the net income, as ascertained under subsection (1A), of the person concerned for the financial year in question by— (e) in any case mentioned in paragraph (a) or (b)—reducing; or (f) in any case mentioned in paragraph (c) or (d)—increasing; that amount by such sum as the commission deems just, and such adjusted amount shall be the net income for the purposes of subsection (1)(d). (2) In applying subsection (1) to any case the circumstances whereof are exceptional, the earlier date referred to in subsection (1)(c) may be determined by the commission, with the approval of the Minister, at a date not more than 6 months prior to the date when the dwelling house is first occupied, or, if subsection (1)(c)(i) applies, the contract is made.

s 25B 50 State Housing Act 1945 s 25B (3) Subject to subsection (5) such insurance shall cover such person and any other person who is jointly a party with the person to the transaction in question with the commission against the risk of the death of such person, leaving the person surviving a spouse, a child or children under the age of 18 years, or a dependent mother before he, she or they has or have completed the repayment or, as the case requires, payment in full of all principal moneys and interest payable by him, her or them in respect of— (a) the advance obtained by him, her or them from the commission under this Act; or (b) the purchasing price of the dwelling house purchased by him, her or them from the commission under this Act; and the benefit obtainable under the insurance cover in the event of the death of such person, leaving the person surviving a spouse, a child or children under the age of 18 years, or a dependent mother shall be the aggregate up to but not exceeding $5 000 of the balance of the aforesaid principal moneys lawfully becoming due and payable on and after the date of the person’s death and not paid before that date and of all interest payable in respect of that balance and the commission shall apply such benefit in payment of such balance and interest payable in respect thereof accordingly. (3A) If the aggregate of the balance of the aforesaid principal moneys lawfully becoming due and payable after the date of death and of all interest payable in respect of that balance exceeds $5 000 the commission may agree with the personal representative of the deceased person in question as to the manner in which it will apply the benefit in part payment of such balance and interest or, failing such agreement, the commission may so apply the benefit as it deems just having regard to the circumstances of the particular case. (4) Subsection (3) applies subject to subsection (4AA). (4AA) In the case of— (a) an advance obtained from the commission; or (b) a contract to purchase a dwelling house from the commission entered into; on or after 1 January 1959, but before the date of the passing of the State Housing Acts Amendment Act 1961 , subject to subsections (5) to (5D), the cover under such insurance and the benefit payable in respect of such cover shall be as prescribed by the State Housing Act 1945 , section 25B(2), as in

s 25B 51 State Housing Act 1945 s 25B force immediately prior to the repeal of such section by the State Housing Acts Amendment Act 1961 . (4A) Subsection (3) applies subject to subsection (4B). (4B) In the case of an advance obtained from the commission, or a contract to purchase a dwelling house from the commission entered into, on or after the date of the passing of the State Housing Act Amendment Act 1961 and before the coming into operation of the Age of Majority Act 1974 , subject to subsection (5) the cover under such insurance and the benefit payable in respect of such cover shall be as prescribed by subsection (3) as in force immediately before the coming into operation of the said Age of Majority Act 1974 . (5) In the event of— (a) the periodical payments to be made in repayment of capital and payment of interest in respect of any advance or contract to which this section applies becoming in arrears to an amount not less than the aggregate of such periodical payments for a period of 2 months or, in any case where the Minister approves on the ground of exceptional circumstances, 6 months; or (b) the commission completing before the death of the person concerned any power of entry into possession or any power of sale given to it under any security or contract or by this Act; the insurance cover under this section in respect of the advance or contract in question shall by virtue of that fact cease and determine, and, unless and until it is revived as prescribed by subsection (5A), neither the person whose life is covered nor any other person whomsoever shall have any right or claim to any benefit under such insurance cover. (5A) Such insurance cover shall be revived by the making of all payments specified in subsection (5)(a) which have become due and payable, including all arrears thereof and all amounts thereof becoming due after the determination of the insurance cover. (5B) Provided that such payments are made before the commission has completed any power of entry or any power of sale referred to in subsection (5)(b) and that, in the case of the third or any subsequent such determination, the chief executive shall have recommended to the Minister that the Minister consent to the reviver, and the Minister shall have so consented in writing. (5C) Arrears mentioned in subsection (5)(a) which arose before the date of the passing of the State Housing Acts Amendment Act 1961 , shall not be

s 25B 52 State Housing Act 1945 s 25B taken into account for the purposes of subsection (5), unless such arrears are unpaid at such date and the borrower or purchaser fails to pay them within 30 days after the commission notifies the borrower or purchaser in writing that the insurance cover under this section in respect of his or her advance or contract will cease and determine unless the borrower or purchaser makes such payment. (5D) For the purposes of subsections (5) to (5B) the exercise of a power of sale shall be deemed to be completed when the commission becomes bound by an agreement to sell or a contract of sale. (6) For the purposes of the provisions, other than subsections (5) to (5D), any provision of any mortgage, contract, or other security or agreement whereby the payment of the balance of any principal moneys owing thereunder becomes due and payable either forthwith or immediately or is otherwise accelerated in the event of any default in compliance with the covenants, terms or conditions thereof shall be inoperative. (7) The Treasurer shall pay to the Queensland Housing Commission Fund and the Commonwealth-State Housing Fund all such moneys as may from time to time be appropriated by Parliament for payment to those funds respectively for the purposes of this section. (8) In the case of co-owners or co-purchasers the provisions of this section apply but to the extent that the life of only such 1 of them as the commissioner determines shall be covered. (9) Where, subject to the production to the commission of medical evidence of good health as prescribed by subsection (1)(e), the commission is satisfied that a person is entitled to the insurance cover provided by this section, the commission shall defray the cost of the medical examination of such person by a medical practitioner nominated by the commission where the person undergoes such examination for the purpose of obtaining such medical evidence. (10) Where a person whom the commission is satisfied would be entitled to the insurance cover provided by this section upon the production to the commission of medical evidence of good health as prescribed by subsection (1)(e) dies before the expiration of the period allowed by that paragraph for the production to the commission of such medical evidence and without having so produced such evidence, nevertheless the commission may, having regard to such medical evidence of the health of such person as is available to it, make a recommendation to the Minister who may grant or refuse to grant in respect of the person concerned the insurance cover provided by this section.

s 25C 53 State Housing Act 1945 s 25C (11) The decision of the Minister shall be final and conclusive of the matter of whether or not the person concerned is entitled to the insurance cover provided by this section, and such decision shall not be called in question in any proceedings whatsoever. PART 5—LETTING OR LEASING OF HOUSES 25C Power of commission to let or lease houses to employers for housing employees (1) The commission may, with the prior approval of the Minister and upon such terms and conditions as are approved by the Minister, let or lease to any person dwelling houses (including the lands appurtenant thereto) the property of the commission for the purpose of assisting that person to provide housing for employees of that person. (2) The powers of the commission under this section include power, with the prior approval of the Minister, to enter into arrangements with any person for the erection by the commission of dwelling houses or buildings for subdivision into lots by the registration of a plan under the Building Units and Group Titles Act 1980 , or under the Land Title Act 1994 for establishing a community titles scheme under the BCCM Act, for letting or leasing to such person. (2A) Such arrangements may provide for the terms and conditions on which any dwelling house or building the subject thereof, and its appurtenant land, will be let or leased by the commission to the person concerned upon the completion of the erection thereof and may stipulate a sum payable to the commission by the person concerned as damages for any failure, refusal or neglect by such person to rent or take on lease any dwelling house or building in accordance with the arrangements. (3) In and for the purpose of any proceedings arising out of the failure, neglect or refusal of a person to rent or take on lease any dwelling house (and its appurtenant land) pursuant to arrangements in that behalf under this section, evidence shall not be led or admitted proving or tending to prove that any sum stipulated by the arrangements to be payable to the commission in respect of such failure, neglect or refusal is a penalty or penal damages, or unreasonable or extravagant, or not intended to be by way of liquidated damages, or that the actual damage suffered by the

s 26 54 s 26 State Housing Act 1945 commission by the failure, neglect or refusal in question was less than the stipulated sum. (4) In and for the purposes of this section— “person” includes— (a) a department of Government in right of the Commonwealth or this State; (b) a corporation or instrumentality created under an Act of the Commonwealth or of this State which is limited in its operation to such corporation or instrumentality; (c) a local government, an electric authority, a fire brigade board or a committee of an ambulance brigade; (d) a natural person or a corporation other than a corporation mentioned in paragraph (b) or (c). 26 Letting or leasing of houses to eligible persons (1) The commission may let or lease a house to a person who is an eligible person on terms acceptable to the commission. (1A) A person is an eligible person if— (a) the house is intended to be used by the person as a home for himself or herself and the person’s dependants (if any) and for no other purpose; and (b)— (i) neither the person, nor the spouse (if any) of that person, is the owner of any house in Queensland or elsewhere; or (ii) if the person or the spouse (if any) of that person is the owner of any house in Queensland or elsewhere, the person has a sufficient reason for not residing in that house. (2) The commission, in letting or leasing any house and land, shall give preference to those persons who, in its opinion, are in greatest need of accommodation as a home. (3) The Governor in Council may make regulations for or with respect to determining the amount of rent to be paid by tenants under this part having regard to—

s 26A 55 State Housing Act 1945 s 26A (a) the overall costs of providing and maintaining housing for the purposes of this part (including administration costs); and (b) the income of the tenant (including the spouse of the tenant who is or will be residing with the tenant) and other occupants. (4) The regulations may provide for rebates of rent to be paid by tenants under this part in such circumstances and subject to such conditions as are prescribed. (5) The provisions of the schedule shall, so far as may be necessary or applicable, mutatis mutandis, apply in respect of a tenant or lessee under this part. PART 5A—ADVANCES FOR HOUSING FOR EMPLOYEES 26A Power of commission to make advances for housing for employees (1) Subject to this part the commission may, with the prior approval of the Governor in Council, make advances to a person or body corporate specified in subsection (2) for the purpose of assisting that person or body corporate to provide housing for his, her or its employees. (2) The Governor in Council shall not approve of an advance under this part to a person or body corporate unless and until the Governor in Council is satisfied— (a) that such person or body corporate is engaged or will engage in Queensland in an industry calculated to develop the State and in particular to provide employment; and (b) that having regard to the nature, location and circumstances of that industry, the provision of housing by that person or body corporate for his, her or its employees is desirable. (3) An advance under this part shall be made upon the security of the land and improvements thereon on which the dwelling houses to assist in providing which that advance is made will be erected and upon such other securities (if any) over other assets of the person or body corporate concerned as the commission may, subject to any direction by the Governor in Council, require.

s 26A 56 State Housing Act 1945 s 26A (3A) However, an advance as aforesaid shall not be made to a person or body corporate upon the security of land until the commission is satisfied that that person or body corporate holds that land for a freehold estate in possession or for a leasehold estate from the Crown. (4) An advance under this part shall not exceed 90c in the dollar of the fair estimated value of the dwelling houses to assist in providing which that advance is made and of the land whereon those dwelling houses are to be erected, nor exceed in respect of each dwelling house to be erected $6 000. (5) A person or body corporate who or which obtains an advance under this part shall if thereunto required by an employee housed in a dwelling house provided with the assistance of that advance and eligible under this Act to purchase a dwelling house from the commission sell to that employee that dwelling house and its appurtenant land at a price and upon terms and conditions not less favourable than that employee could obtain if the transaction were a sale under this Act of that dwelling house and its appurtenant land by the commission to the employee. (5A) There shall be implied in every mortgage securing an advance under this part a condition binding upon the mortgagor that the mortgagor will at the request of an employee housed in a dwelling house the subject of that mortgage and eligible under this Act to purchase a dwelling house from the commission sell to that employee that dwelling house and its appurtenant land at a price and upon terms and conditions not less favourable than that employee could obtain if the transaction were a sale under this Act of that dwelling house and its appurtenant land by the commission to the employee. (5B) Every such mortgage may contain provisions stipulating the method of determining the sale price and other terms and conditions of sale as aforesaid, and every such provision shall be binding upon the mortgagor. (6) Where a dwelling house is sold to an employee in pursuance of subsections (5) to (5B)— (a) the deposit (if any) paid to the borrower under this part in respect of that sale; and (b) the excess of other payments in respect of the purchase price made to that borrower during any and every period of 6 months ending on 30 June or 31 December over a proportion specified in subsection (6A) of the instalments payable by that borrower to the commission for that period in respect of the borrower’s advance under this part;

s 26B 57 State Housing Act 1945 s 26B shall be remitted by that borrower to the commission and credited in reduction of the borrower’s advance. (6A) For the purposes of subsection (6) every instalment payable to the commission in respect of an advance under this part made to assist in providing 2 or more dwelling houses shall be apportioned between those dwelling houses respectively on the basis of capital cost of the dwelling house and value of its appurtenant land. (6B) There shall be implied in every mortgage securing an advance under this part a condition binding upon the mortgagor that the mortgagor will not fail to remit to the commission any moneys required by subsection (6) to be so remitted. (7) A person or body corporate who or which obtains an advance under this part shall not, before the person or body corporate has repaid to the commission the amount of that advance, together with all interest payable in respect thereof, without the prior consent in writing of the commission— (a) let or sublet or agree to let or sublet or create or agree to create a licence to occupy any dwelling house or part of any dwelling house provided with the assistance of that advance except to or in favour of a person who is his, her or its employee; or (b) sell, transfer, or assign, or agree to sell, transfer, or assign, any dwelling house provided with the assistance of that advance except to a person who is both his, her or its employee and eligible under this Act to purchase a dwelling house from the commission. (8) There shall be implied in every mortgage securing an advance under this part a condition binding upon the mortgagor that the mortgagor will not contravene any provision of subsection (7). 26B Act to apply with respect to advances under this part (1) Subject to section 26A— (a) any and every provision of this Act (excepting section 25B) which applies to or with respect to an advance under part 3 shall, subject to all necessary adaptations thereof, apply and extend to and with respect to advances under this part and the borrowers to whom or which those advances are proposed to be or are made; and

s 26B 58 State Housing Act 1945 s 26B (b) any and every power, function, right or remedy had by the chief executive, the commission, or any officer of the commission under this Act or under any mortgage or other security given or entered into under or in pursuance of this Act in relation to an advance under part 3 (including the rights and remedies of the commission against a borrower of an advance under part 3 who has made default in observing or performing any provision of this Act or any covenant or condition binding upon the borrower of a mortgage or other security given or entered into by that borrower under or in pursuance of this Act) shall be had and may be exercised by the chief executive, the commission or, as the case may be, that officer in relation to an advance under this part; and (c) any and every obligation, liability or responsibility which, in relation to an advance under part 3, is or may be imposed upon a borrower under this Act or under any mortgage or other security given or entered into under or in pursuance of this Act in relation to an advance under part 3 (including the obligations, liabilities and responsibilities of a borrower of an advance under part 3 who has made default in observing or performing any provision of this Act or any covenant or condition binding upon the borrower of a mortgage or other security given or entered into by that borrower under this Act) shall or, as the case may be, may be imposed upon a borrower in relation to an advance under this part; and (d) the power to make regulations under this Act shall include power to make all such regulations as the Governor in Council deems necessary or convenient, whether generally or to meet a particular case, to administer or to carry out the objects and purposes of this part. (2) Where under this Act a regulation may be made for a specified purpose a regulation for that purpose may be limited in its application so as to apply and extend only in relation to advances under this part, and any subsisting regulation made for a specified purpose may be amended, altered, varied or otherwise modified so as to extend its application to and with respect to advances under this part.

s 26C 59 State Housing Act 1945 s 26D 26C Powers of body corporate with respect to borrowing under this part Every body corporate which obtains an advance under this part to assist in providing housing for its employees shall, notwithstanding any Act, or law, or rule of law, be deemed to be and to have at all material times been incorporated with powers— (a) to provide for its employees the housing in relation to which it borrowed that advance; and (b) to borrow moneys for the purpose for which it obtained that advance; and (c) to give and enter into all such mortgages and other securities over the lands together with improvements thereon and other assets of that body corporate which it has mortgaged or otherwise pledged as a security or securities for that advance; and (d) generally to do and execute or to empower or cause to be done or executed all those contracts, engagements, acts, matters or things which that body corporate has done or executed or caused or empowered to be done or executed for any purpose of, or connected with, or relating to that advance; and the incorporation of that body corporate with those powers shall be presumed in the trial of any action brought by the commission against it, or by it against the commission, and evidence proving or tending to prove that at a material time it was not incorporated with or had exceeded those powers or any of them shall not be led or admitted. PART 5B—SALE OF EMPLOYEE HOUSING 26D Sales of houses let or leased by employers (1) Where, pursuant to section 25C, the commission has let or leased a dwelling house to a person for the purpose of assisting that person to provide housing for employees of that person, and notwithstanding the lease, agreement for lease or tenancy of that dwelling house, the commission may where the Governor in Council so approves and upon such terms and conditions and subject to such restrictions, exceptions and reservations as are specified in the approval, sell that dwelling house