Commonwealth Savings Bank of Australia Agreement Act 1966
Commonwealth Savings Bank of Australia Agreement Act
1966
QueenslandCommonwealthSavingsBankofAustraliaAgreementAct1966Current as at 3 April 1996NOTE—This is the last reprint before
repeal.Repealed by 2013 Act No. 39 s 42Repealed on 23 September 2013
Information about this reprintThis
Act is reprinted as at 3 April 1996.Minor editorial
changes allowed under the provisions of the Reprints Act 1992
mentionedin the following list have been made
to—•update citations and references (pt 4,
div 2)•relocate marginal or cite notes (s
34)•use aspects of format and printing
style consistent with current drafting practice (s35)•omit provisions
that are no longer required (s 39)•omit
unnecessary referential words (s 41)•omit
the enacting words (s 42A).This page is specific to this reprint.
A table of reprints is included in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorialchangesmadeinthereprint,includingtableofobsoleteandredundant provisions.Dates shown on
reprintsReprints dated at last amendmentAll
reprints produced on or after 1 July 2002, hardcopy and
electronic, are dated as at the last date of amendment. Previously
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Commonwealth Savings Bank of Australia
Agreement Act 1966[s 1]Commonwealth Savings Bank of
AustraliaAgreement Act 1966[reprinted as in
force on 3 April 1996]An Act with respect to an agreement
between CommonwealthSavings Bank of Australia and the
State1Short titleThis Act may be
cited as theCommonwealth Savings Bank ofAustralia Agreement Act 1966.2Execution of
agreement authorisedTheTreasureris,anditisherebydeclaredalwayswas,authorisedtoexecute,forandonbehalfoftheState,withCommonwealth
Savings Bank of Australia, the agreement acopy whereof is
set out in the schedule. x3Agreement
ratified and to have force of lawThesaidagreementisherebyratifiedandtheprovisionsthereof shall
have, and it is hereby declared always have hadas from the date
of the making thereof, the force of law asthough it were
an enactment of this Act.Reprint 1Page
3
Commonwealth Savings Bank of Australia
Agreement Act 1966ScheduleScheduleTHIS
INDENTURE made the eighth day of September Onethousandninehundredandsixty-sixBETWEENCOMMONWEALTHSAVINGSBANKOFAUSTRALIA(hereinafter
called the Savings Bank) of the one part and THESTATE OF QUEENSLAND (hereinafter called the
State) ofthe other partWHEREBY IT IS
AGREED AS FOLLOWS:—1.As from the first day of July One
thousand nine hundred andsixty-fivetheStateshallbeentitledtoborrowfromtheSavings Bank and the Savings Bank
shall lend to the State ifrequested by the State so to do such
sum or sums of moneynot exceeding seventy per centum (70%)
of the net quarterlyincrease in the amount of Savings Bank
depositors’ balancesin Queensland. The Savings Bank shall
as soon as practicablenotify the State of the net increase
in depositors’ balances ineach quarter ending on the last days
of September DecemberMarch and June in each year and in
computing the said netincrease interest credited by the
Savings Bank to depositors’accounts in the
said State during the relative quarter shall beregardedasdeposits.Intheeventofthesaiddepositors’balances
decreasing in any quarter or quarters the amount ofthesaiddecreaseordecreasesshallbesetoffagainstsubsequent
increases in computing the amount to be borrowedhereunder.2.TheSavingsBankshallbeentitledtoretainorinvestasitthinks fit such part of the seventy
per centum referred to inClause 1 hereof as is not required to
be borrowed by the StatepursuanttothatClauseorwhichisnotrequiredtobelentpursuanttoClause4hereof.SuchrequirementshallbenotifiedtotheSavingsBankassoonaspracticableafterreceipt by the State of a notification given
pursuant to Clause1 hereof.Page 4Reprint 1
Commonwealth Savings Bank of Australia
Agreement Act 1966Schedule3.TosecurerepaymentofmoneyslentpursuanttoClause1hereof the State shall arrange for the issue
to the Savings Bankof securities of the Commonwealth of
Australia equal in facevalue to the sums so lent.4.Uponbeingnotifiedofaquarterlyincreaseindepositors’balancespursuanttoClause1hereoftheStatemayatitsoptiondirecttheSavingsBanktoretainanamountnotexceedinginalltwo-seventhsoftheborrowingentitlementprovided for in
the said Clause 1 and to apply the amount soretainedinmakingloanstosuchlocalgovernmentorsemi-governmentauthorities(includingtheQueenslandHousing
Commission and the Corporation of the AgriculturalBank)asarenominatedbytheStateandacceptedbytheSavings Bank. Loans granted pursuant
to this Clause shall notoperate in restriction of the normal
lending operations of theSavings Bank applicable from time to
time to such bodies andshall be on the terms and conditions
currently applied by theSavings Bank in its normal course of
business in respect ofloans to such authorities and shall be
secured by securities oftherespectiveborrowingauthorityforthesumsolentandsupported by a guarantee by the State to
repay the moneys solentandtopaytheinterestthereon.Fromthesaidamountrepresentingtwo-seventhsoftheborrowingentitlementtheState may require the Saving Bank to lend on
its usual termsand conditions amounts not exceeding in all
one-seventh ofthesaidborrowingentitlementdirecttopersonswhoarepurchasingdwelling-housesfromthesaidQueenslandHousingCommissionandwhoareselectedbytheSavingsBank.5.Any
amounts lent by the Savings Bank pursuant to Clause 1hereof shall bear interest at a rate per
centum per annum beingone and three-eighths per centum
(13/8%)
above and varyingwith the highest rate of interest allowed by
the Savings Bankto its depositors from time to time during
the currency of aloan. Provided however that if the per
centum per annum yieldto maturity on the longest term series
of the public loan lastfloated in Australia by the
Commonwealth Government priorReprint 1Page
5
Commonwealth Savings Bank of Australia
Agreement Act 1966Scheduletotherespectivedatesonwhichtherighttoborrowarisesunder this Agreement is less than one and
one-half per centum(11/2%) per annum above the highest rate of
interest at the saidrespective dates allowed by the
Savings Bank to its depositorsthe rate of
interest payable on any such loan shall be fixed atone-quarter of one per centum (1/4%)
per annum below the percentum per annum yield to maturity
payable on the relevantpublic loan hereinbefore referred
to.6.Loans made pursuant to Clause 1 hereof
shall provide for arepayment period of twenty years. Provided
however that inrespectofloanstheinterestrateonwhichisdeterminedpursuant to
Clause 5 hereof by reference to a relevant publicloan
the period of repayment shall be fixed at the number ofcomplete years not exceeding twenty closest
to the term of thesaid relevant public loan.7.Loans made pursuant to Clause1
hereof shall be repaid byhalf-yearlyinstalmentsofprincipalandinterest.Eachhalf-yearlyrepaymentofprincipalexceptthelastshallbedetermined at the commencement of each
loan as if the loanwere to be repaid in full over a period of
fifty-three years byone hundred and six equal half-yearly
instalments of principaland interest at the original interest
rate of the loan. The lasthalf-yearly repayment of principal
shall be the amount thereofstilloutstandingontheloan.Eachhalf-yearlypaymentofinterest shall be calculated on the
amount of principal moneysoutstanding at the commencement of
each half-yearly periodat the rate of interest hereinbefore
provided.8.The Savings Bank will on or before
their respective dates ofmaturity offer to renew loans of the
following classes whichmature during the currency of this
Agreement—(i)loansmadetotheStatepursuanttoanypreviousagreementbetweenthepartiesheretoincludingrenewals of such
loans,Page 6Reprint
1
Commonwealth Savings Bank of Australia
Agreement Act 1966Schedule(ii)loans made to the Queensland Housing
Commission andtheCorporationoftheAgriculturalBankpursuanttoany
previous agreement between the parties hereto,(iii)loans made to the State pursuant to Clause 1
hereof,(iv)loans previously
renewed pursuant to this Clause.Thefollowingtermsandconditionsshallapplytoloansrenewed pursuant
to this Clause—(a)theamountofarenewedloanshallbetheamountofprincipal moneys outstanding on the
maturing loan at itsmaturitydatelesstheamountofprincipalmoneysincludedinthehalf-yearlyinstalmentfallingdueimmediately prior to the last
instalment,(b)therateofinterestshallbeoneandthree-eighthspercentumaboveandvaryingwiththehighestrateofinterestallowedbytheSavings Bank to
its depositorsfromtimetotimeandthetermofrepaymentthereofshall be ten years except in the case of the
renewal of aloanwherethefundswereoriginallymadeavailableforty years or
more prior to the date of renewal in whichcase the term of
repayment shall be such period as tomake the loan
repayable at the expiration of fifty-threeyears from the
date the funds of the original loan weremade
available,(c)arenewedloanshallberepayableinthemannerprovided in
Clause 7 hereof except that repayments ofprincipal moneys
shall be calculated as if it were to berepaid in full
in fifty-three years from the date the fundsof the maturing
loan were originally made available bythe Savings
Bank.9.The Savings Bank shall keep a separate
account of its businessin the State of Queensland and any
resultant profit or loss onsuch business
shall after each yearly balance has been struckbe equally
divided between or borne by the Savings Bank andthe
State.Reprint 1Page
7
Commonwealth Savings Bank of Australia
Agreement Act 1966Schedule10.The
State undertakes and agrees with the Savings Bank duringthe
currency of this Agreement that—(a)so
long as the Savings Bank or its successors carries onsavingsbankbusinessintheStateofQueenslandnosavings bank will be established or
conducted in the saidState by or under the State,(b)theStatewillineverypossiblewayaid,assistandfurther the interests of the Savings
Bank in the conductof its banking business in the State of
Queensland.11.Subject to its ratification by the
Parliament of the State thisAgreementshallcommenceonthefirstdayofJulyOnethousandninehundredandsixty-fiveandshallcontinueinforce for a term of twenty years
thereafter.12.Each of the parties hereto shall at
the expiration of each periodof five years of
the term of the Agreement have the right toconsultwiththeotherpartyforthepurposeofobtainingvariations of
the terms of this Agreement on the basis that byreasonofanalterationincircumstancestheAgreementisoperating to the detriment of the parties or
either of them. Forthepurposesofsuchconsultationthepartiesheretoshallrespectivelyberepresented bytheGeneralManagerforthetime being of
the Savings Bank and by the Treasurer for thetime being of
the State. Such variations as are agreed uponfollowing such
consultation shall be subject to the approval ofthe
Governor in Council by Order in Council.IN WITNESS
WHEREOF the parties have executed these presents the dayand
year first above written.SIGNED SEALED and DELIVEREDby
ISAAC RICHARD NORMAN, GeneralManager of
Commonwealth SavingsBank of Australia for and on
behalfof that Bank in the presence of—A.
W. HENCEPage 8)))I. R. NORMAN)Reprint 1
Commonwealth Savings Bank of Australia
Agreement Act 1966ScheduleSIGNED SEALED and
DELIVEREDby GORDON WILLIAM WESLEY CHALKthe
Treasurer of the State of Queensland forand on behalf of
that State in the presenceof—J. A.
SEWELL)))GORDON W.
CHALK)Reprint 1Page
9
Commonwealth Savings Bank of Australia
Agreement Act 1966Endnotes3KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered4Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.1Amendments tononeEffective27 September
1966Reprint date3 April
19965List of legislationCommonwealth Savings Bank of Australia
Agreement Act 1966 No. 3date of assent 27 September
1966commenced on date of assentReprint 1Page
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