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HOUSING ACT 1980.ARRANGEMENT.
PART I.-PRELIMINARY.Section1. Short title.2. Commencement.3. Repeal.4. Objects.5. Interpretation.
PART IL-THE STATE HOUSING COMMISSION.Division 1.-Constitution of the Commission.
6. Continuation of the Commission.7. Commission a body corporate and Crown agency.8. Membership of the Commission.9. Terms and conditions of membership of appointed members.
10. Meetings of Commission.
Division 2.-Powers and Functions of the Commission Generally.11. Commission to implement this Act.12. General powers of Commission.13. Delegation.14. Advice and investigations.15. Applications.16. Assistance to and collaboration with other bodies.
Division 3.-Staff of the Commission.17. General Manager and other officers and employees.18. Terms and conditions of employment of wages staff.
PART III.-ACQUISITION, DEVELOPMENT ANDDISPOSAL OF PROPERTY.
Division 1.-Acguisition and Development of Property.19. Acquisition of land.20. Gifts.21. Powers of local authority.22. Powers in relation to development and management of land.23. Power to take lease.24. Payment of rates to local authority.
Division 2.-Dealings with Property Generally.25. Power to lease.26. Power to sell.27. Power to grant easement.
Division 3.-Letting or Leasing of Houses.28. Power to let or lease houses.29. Terms and conditions.30. Determination of rent.31. Credit of rents towards purchase price.
Division 4.-Sale of Houses and Housing Land.32. Application of this Division.33. Terms and conditions of sale.34. Limit on amount of unpaid purchase money.
PART IV.-PROVISION BY THE COMMISSION OFFINANCIAL ASSISTANCE FOR HOUSING.
Division 1.-Loans.Section35. Reference to "house".36. Loans to assist eligible persons.37. Loans to persons generally to purchase land from the Commission.38. Loans to persons generally to improve houses.39. Method of making loan.40. Limit on amount to be lent.41. Security for repayment of loan.42. Interest on loans.43. Normal legal relationships to apply.44. Protection of Commission's interest.45. Commission to obtain reports as to expenditure of loans.
Division 2.-Guarantees and Subsidies.46. Guarantee by Commission in certain cases.47. Payment of subsidies on account of loans made to eligible persons.
PART V.-ARRANGEMENTS AND AGREEMENTS AS TOHOUSING FINANCE.
Division 1.-Arrangements with the Commonwealth.48. Definitions.49. Financial assistance from the Commonwealth-powers of Minister and
Commission.50. Housing assistance under agreements.51. Regulations as to administration of agreements.
Division 2.-Agreements with Lending Institutions.52. Definitions and effect.53. Power to make loan agreements.54. Terms and conditions of agreement.55. Floating security and charge.56. Lending institution may give securities.57. Property and assets of lending institution may be released.58. Power of inspection of affairs of lending institution.59. Special powers of lending institutions to make advances of moneys, other
than by way of mortgage.
PART VL-SPECIALIZED HOUSING AND COMMUNITY FACILITIES.60. Commission may provide specialized housing.61. Community facilities.
PART VII.-FINANCE.62. Funds.63. Power to raise money.64. Provisions as to debentures and inscribed stock.65. Audit.66. Report to be laid before Parliament.67. Financial statement.
PART VIII.—MISCELLANEOUS.Section68. Power to extend time.69. Protection from personal liability.70. Regulations generally.71. Regulations as to fees.72. Payment of fees and duties.73. Addition of certain amounts to balance of contract price or loan.
PART DC—SAVINGS AND TRANSITIONAL PROVISIONS.
74. Continuity of status and operation.75. Membership of Commission.76. Continuation of provisions as to earlier Acts and bodies.77. Contracts of sales, mortgages and tenancies.78. Perpetual leases.79. References.80. Construction.
SCHEDULE.
WESTERN AUSTRALIA.
HOUSING.
No. 58 of 1980.
AN ACT relating to housing, to make better provisionfor housing and improving housing standardsand conditions in the State, to encourage theuse, development and redevelopment of landfor housing and related purposes, to enable thecarrying out of agreements and arrangementswith respect to housing, to preserve andcontinue The State Housing Commission andfor other purposes.
[Assented to 24 November 1980.]
RE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent
of the Legislative Council and the LegislativeAssembly of Western Australia, in this presentParliament assembled, and by the authority of thesame, as follows:
PART I.-PRELIMINARY.
1. This Act may be cited as the Housing Act Short title.
1980.
Commencement.
Repeal.
Objects.
Luterpreta-Von.
No. 58.] Housing. [1980.
2. This Act shall come into operation on a dayto be fixed by proclamation.
3. The State Housing Act 1946-1975 is herebyrepealed.
4. The objects of this Act are-
(a) the improvement of existing housingconditions;
(b) the provision of housing and land forhousing;
(c) the provision of assistance to enablepersons to obtain accommodation orimprove the standard of their accom-modation;
(d) the encouragement of the development andredevelopment of land for housing andrelated purposes;
(e) the carrying into effect of agreements andarrangements entered into with theCommonwealth with respect to housing.
5. (1) In this Act unless the contrary intentionappears
(a) "appointed member" means a member ofthe Commission other than the GeneralManager;
"approved form" means a form approved bythe Minister;
"chairman" means the chairman of theCommission;
"house" means any building (including anysingle, attached or multi-storey dwell-ing unit, tent, edifice, structure orerection (whether temporary orpermanent)) or any part thereof whichor any part of which has been used oris used or is intended to be used as a
1980.] Housing. [No. 58.
dwelling, and includes outbuildings,fences, walls and permanent provisionfor lighting, heating, water supply,drainage and sewerage and otherappurtenances of a house, and anyshop, or business premises being aportion of or attached to a house;
"land" includes any estate or interest inland and any easement, right orprivilege in, over or affecting land andany building or other structure orimprovements on land;
"loan" includes a part of a loan;"local authority" means the council of a
municipality constituted under theLocal Government Act 1960 or a localboard of health constituted undersection 20 of the Health Act 1911;
"member" means a member of theCommission;
"mortgage" means any deed, memorandumof mortgage, instrument or agreementwhereby security for repayment ofadvances or payment of moneystogether with interest (if any) thereon,is made in favour of the Commissionover real or personal property or anyestate or interest therein;
"officer of the Commission" means anofficer referred to in paragraph (a) or(b) of section 17;
"owner" in relation to land means theperson for the time being entitled toreceive the rent of the land or premisesin connection with which the word isused (whether on his own account oras the agent of or trustee for any otherperson) or who would be entitled toreceive the rent if the land or premiseswere let at a rent and includes theperson who is purchasing land on termsor deferred payments;
No. 58.] Housing. 1980.
"public authority" means a Department,instrumentality or agency of the Crownin right of the State or the Common-wealth, a local authority, and any otherperson or body, whether corporate ornot, who or which under the authorityof any Act is charged with the carryingout of any duty whilst acting in thedischarge of that duty;
"purchase" includes to acquire by way ofexchange;
"section" means section of this Act;
"sell" includes to dispose of by way ofexchange;
"spouse" in relation to a person includes aperson living with the first-mentionedperson on a permanent and bona fidedomestic basis;
"street" includes any street, road, footway,square, court, alley or right of waywhether a thoroughfare or not;
"subsection" means subsection of thesection in which the term is used;
"tenancy agreement" includes a lease oragreement to lease, and includes anyinstrument under which any personderives title under the original tenant;
"tenant" includes lessee, and includes anyperson deriving title under the originaltenant;
"the Commission" means the body corpor-ate known as The State HousingCommission preserved and continuedpursuant to section 6;
"the Fund" means The State HousingCommission Fund referred to in section62;
1980.] Housing. [No. 58.
"the repealed Act" means the Act repealedby section 3;
"Treasurer" means Treasurer of the State;
(b) a reference to the erection of a house orother building includes a reference to theconversion or modification of an existingbuilding;
(c) a reference to the family of a person is areference to the spouse and children of, andthe parents or other relatives dependentupon, that person;
(d) a reference to land held by the Commissionis a reference to any land-
(i) vested in or granted to the Commis-sion;
(ii) reserved for the use and requirementsof the Commission or for thepurposes of this Act;
(iii) purchased or otherwise acquired bythe Commission; or
(iv) donated, given, devised or bequeathedto the Commission;
(e) a reference to a house or other buildingheld by the Commission is a reference to ahouse or other building situated on landheld by the Commission.
(2) A reference in a provision of this Act to an"eligible person" is a reference to a person whosatisfies the conditions of eligibility from time totime determined by the Commission and approvedby the Minister for the purposes of that provision.
(3) The conditions of eligibility mentioned insubsection (2) shall be determined and approved byreference to income criteria and, without limitingthe generality of the foregoing, may provide forthe incomes of more than one member of a house-hold to be taken into consideration.
No. 58.] Housing. [1980.
PART II.—THE STATE HOUSING COMMISSION.
Division 1.—Constitution of Commission.
Contiva-tion of the 6. The body corporate constituted under theCommission. repealed Act by the name "The State Housing
Commission" is preserved and continues inexistence for the purposes of this Act as a bodycorporate retaining the same corporate name andcorporate identity.
Commissiona bodycorporateand Crownagency.
Membershipof theCommission.
7. (1) The Commission
(a) is a body corporate with perpetualsuccession and a common seal; and
(b) is capable in law in its corporate name ofsuing and being sued.
(2) All courts, judges and persons actingjudicially shall take judicial notice of the seal of theCommission affixed to any document and shallpresume that it was duly affixed.
(3) The Commission is an agent of the Crown inright of the State.
8. (1) The Commission shall consist of sevenmembers of whom
(a) one shall be the person for the time beingoccupying the office of General Managerof the Commission; and
(b) six shall be appointed by the Governor.
(2) One of the members shall be appointed bythe Governor as chairman of the Commission andanother of the members shall be appointed by theMinister as deputy chairman of the Commission.
1980.] Housing. [No. 58.
(3) The Minister may appoint an officer of theCommission to be the deputy of the member referredto in subsection (1) (a).
(4) The Governor may appoint a person to bethe deputy of an appointed member.
(5) A person appointed under subsection (3) or(4) is entitled, in the absence from a meeting ofthe Commission of the member of whom he isthe deputy, to attend that meeting, and while soattending, is deemed to be a member and has allthe powers, functions and duties of a member.
(6) If at any time the office of an appointedmember becomes vacant before his term of officeexpires, the person who was at that time the deputyof that member is, until the office of member isfilled by the appointment of another member,deemed to be a member and has all the powers,functions and duties of a member.
9. (1) Subject to this Act each appointedmember shall hold office for such period, notexceeding three years, as is specified in theinstrument of his appointment and is eligible forre-appointment.
(2) The office of an appointed member shallbecome vacant if
(a) his term of office expires;
(b) he becomes permanently incapable ofperforming his duties as a member;
(c) he resigns his office by written noticeaddressed to the Minister;
(d) he is an undischarged bankrupt or a personwhose property is subject to an order orarrangement under the laws relating tobankruptcy; or
(e) he is removed from office by the Governoron the grounds of neglect of duty, mis-behaviour or incompetence.
Perms andsonditions ofmembership)f appointedmembers.
Meetings ofCommission.
No. 58.] Housing. [1980.
(3) Acceptance of or acting in the office of anappointed member, or deputy of an appointedmember by any person does not of itself render theprovisions of the Public Service Act 1978, or anyother Act applying to persons as officers of the PublicService of the State, applicable to that person, oraffect or prejudice the application to him of thoseprovisions if they applied to him at the time of theacceptance of or acting in that office.
(4) Subject to subsection (5) the appointedmembers and their deputies shall be paid suchremuneration and travelling and other allowancesas are approved by the Governor.
(5) No remuneration or allowances shall be paidunder subsection (4) to a person to whom the PublicService Act 1978 applies except with the priorapproval in writing of the Chairman of the PublicService Board constituted under that Act.
(6) The Governor may grant leave of absence toan appointed member upon such terms and condi-tions as the Minister determines.
10. (1) The Commission shall hold such meetingsas are necessary for the performance of itsfunctions.
(2) The chairman may at any time convene ameeting of the Commission.
(3) The chairman or, in his absence, the deputychairman of the Commission shall preside at allmeetings of the Commission, but if both thechairman and the deputy chairman are absent fromany meeting, the members present at that meetingshall appoint one of their number to preside at themeeting.
(4) At any meeting of the Commission—(a) three members form a quorum;
1980.] Housing. [No. 58.
(b) all questions arising at the meeting shallbe decided by a majority of the valid votesof the members present at the meeting;
(c) each member, including the person presid-ing at the meeting, shall be entitled to onevote only on the determination of anyquestion; and
(d) in the event of an equality of votes, thequestion shall be deemed to be determinedin the negative.
(5) Subject to this Act, the Commission mayregulate its procedure in such manner at it thinksfit, and shall cause to be kept minutes of itsproceedings.
Division 2.—Powers and Functions of the CommissionGenerally.
11. (1) Subject to the control and direction ofthe Minister the Commission shall be responsible forthe implementation of the provisions of this Act.
(2) The Minister may from time to time givedirections to the Commission with respect to itsfunctions, powers, and duties, either generally orwith respect to a particular matter, and the Com-mission shall give effect to those directions.
12. Subject to and for the purposes of this Actthe Commission
(a) has and may exercise all the powers,privileges, rights and remedies of theCrown;
(b) has and may exercise all such powers,authorities and discretions, and may do allsuch acts and things, as a private personin the State has or may exercise or do,and the Commission generally may do
Commissionto implementMe Act.
GeneralPowers ofCommission.
Delegation.
No. 58.] Housing. [1980.
whatever it deems necessary in connectionwith or incidental to the functionsconferred upon it;
and in particular, without limiting the generalityof the foregoing,
(c) has power to acquire, hold, maintain,improve, exchange, lease and dispose ofreal and personal property;
(d) has power to borrow and lend money; and
(e) has power to give guarantees, indemnitiesand undertakings whether in respect of thepayment or repayment of moneys, theperformance of obligations, or otherwise.
13. (1) With the consent of the Minister theCommission may by an instrument in writing inrelation to such matter or class of matters and tosuch activity of the Commission as is specified inthat instrument and to the extent therein set out,delegate any of its powers or functions under thisAct (except this power of delegation) to a memberor an officer of the Commission.
(2) A delegation under subsection (1) may bevaried or revoked by notice in writing served on thedelegate and no delegation prevents the exercise orperformance by the Commission of any of its powersor functions.
(3) A power or function delegated by the Com-mission may be exercised or performed by thedelegate
(a) subject to and in accordance with the termsof the instrument of delegation; and
(b) if the exercise of the power or the perform-ance of the function is dependent upon theopinion, belief, or state of mind of theCommission—upon the opinion, belief, orstate of mind of the delegate.
1980.] Housing. [No. 58.
14. (1) The Commission shall
(a) advise the Minister on matters connectedwith this Act generally;
(b) make or cause to be made any inquiry,investigation or report required by this Act,or any inquiry, investigation or report whichthe Minister may think necessary orexpedient.
(2) The Commission may carry out or cause tobe carried out all such surveys, investigations andvaluations as may be necessary or expedient for thepurposes of this Act or incidental to its functionsunder this Act.
(3) The Commission shall also have such advisorypowers as may from time to time be prescribed, andsuch other powers as may be imposed by theMinister on the Commission.
15. (1) The Commission shall deal with applica-tions for housing or financial assistance for housingmade under this Act or under any other Act or lawin relation to housing that is administered by theCommission.
(2) For the purpose of performing the dutiesmentioned in subsection (1) the Commission shall,subject to the Act or law concerned, have powerand authority
(a) to inquire into and consider applications;(b) to require any further or other information
in respect of any application;(c) to require any information provided in, or
in respect of, an application to be verifiedby statutory declaration;
(d) to approve of any application (eitherwholly or in part);
(e) to refuse any application.
Advice andInvestiga-tions.
Applications.
Assistanceto andcollaborationwith otherbodies.
GeneralManagerand otherofficersandemployees.
No. 58.] Housing. [1980.
16. (1) Subject to subsection (2) the Commissionmay give such assistance as it thinks fit to enableor assist
(a) any public authority; or
(b) any person approved by the Minister,
to engage in any activity related to the objects ofthis Act and may seek and maintain appropriaterepresentation on the board or other governingauthority of any body corporate to which suchassistance is given.
(2) The Commission shall not give assistanceunder subsection (1) by way of
(a) granting financial aid or enabling financialaid to be obtained;
(b) making available the services of any officeror employee of the Commission; or
(c) making available any facilities of theCommission,
except with the consent of the Minister.
(3) The Commission may, with the consent of theMinister, in respect of the performance of any ofits functions
(a) engage consultants having relevant qualifi-cations or experience;
(b) consult or collaborate with other bodies orpersons having interests or functionssimilar or related to those of theCommission.
Division 3.—Staff of the Commission.
17. To enable the Commission to exercise andperform the powers, functions and duties conferredon it by or under this Act or any other Act
(a) there shall be a general manager of theCommission who shall be appointed, underand subject to the Public Service Act 1978:
1980.] Housing. [No. 58.
(b) there shall be appointed, employed orengaged, under and subject to the PublicService Act 1978, such officers, employeesand other persons as the Commission, inconsultation with the Public Service Boardconstituted under that Act, considersnecessary;
(c) the Commission may employ such wagesstaff as it considers necessary.
18. (1) Subject to any relevant award orindustrial agreement the terms and conditions ofemployment of staff employed pursuant to section17 (c) shall be such terms and conditions as theCommission, after consultation with the PublicService Board, determines.
(2) The Public Service Act 1978 does not applyto or in relation to staff employed under section17 (c).
PART III.—ACQUISITION, DEVELOPMENT ANDDISPOSAL OF PROPERTY.
Division 1.—Acquisition and Development of Property.
19. (1) The Commission may with the consentof the Minister purchase any land for the purposesof this Act.
(2) The Commission is not authorized to take orresume land by compulsory acquisition.
29. (1) For the purposes of this Act theCommission may
(a) accept any absolute donation, gift, deviseor bequest of real or personal property; or
Terms andconditions ofemploymentof wagesstaff.
Acquisitionof land.
Gifts.
Powers oflocalauthority.
No. 58.] Housing. [1980.
(b) with the consent of the Minister, acceptany donation, gift, devise or bequest of realor personal property subject to any trustthe objects of which are not substantiallydifferent from those for which the Commis-sion is constituted, and carry out and giveeffect to the objects of any such trust.
(2) The Commission may receive any donation,gift, devise or bequest for the purpose of assistingit to provide houses for persons notwithstandingthat the donation, gift, devise or bequest is subjectto any trust, condition or stipulation which cannotby reason of any other provision of this Actbe given effect to, and the Commission may, not-withstanding that provision, give effect to the trust,condition or stipulation, if it is otherwise inaccordance with law.
(3) No stamp duty shall be paid on any propertyreceived by the Commission under subsection (1).
21. (1) Notwithstanding the Local GovernmentAct 1960 or any other Act relating to local govern-ment a local authority
(a) may sell or otherwise dispose of to the Com-mission any land vested in the localauthority (not being land set apart orreserved under the Land Act 1933);
(b) may acquire any land in the mannerprovided in the Local Government Act1960 for the purpose of disposing of the landto the Commission for the purposes of thisAct.
(2) Subsection (1) does not authorize a localauthority to take or resume land by compulsoryacquisition unless the land is to be disposed of tothe Commission for the purposes of section 61 (1).
1980.] Housing. [No. H.
22. (1) Subject to this Act the Commission haspower
(a) with the consent of the Town PlanningBoard constituted under the Town Planningand Development Act 1928 and anyapproval required under the MetropolitanRegion Town Planning Scheme Act 1959, tore-plan and re-subdivide any area in whichland held by the Commission is situated,and with the consent of the Minister, tosecure the closing of any street or theextinguishment of any easement or restric-tive covenant;
(b) with the consent of the Minister, to erecthouses and other buildings on, or lay outand construct streets on, any land held bythe Commission and to expend moneysfrom the Fund on works and operations forthe purpose of making such land suitablefor the purposes of this Act;
(c) in respect of any houses and otherbuildings that are subject to contracts ofsale, mortgages, or leases pursuant to thisAct, and of land on which such houses andother buildings are erected,—
(i) to maintain, repair, carry out anyimprovements to and generally tocontrol and manage any such housesand other buildings and land; and
(ii) to charge, and receive from, thepurchasers, mortgagors, or lesseesthereof such management fees, ifany, as are from time to timeprescribed in respect of purchasers,mortgagors, or lessees, as the casemay be;
(d) with the consent of the Minister, to enterinto arrangements with a public authority
Powers Inrelation todevelopmentandmanagementof land.
No. 58.] Housing. [1980.
or other body or person with respect to theprovision of services to any area in whichhouses or other buildings acquired, erected,or to be erected, by the Commission are,or are to be, situated including, withoutlimiting the generality of the foregoing,arrangements with respect to-
(i) the making of streets or other facili-ties affording access to houses andother buildings and sites for housesand other buildings in the area;
(ii) the establishment or extension and,if necessary, operation and mainten-ance of sewerage, drainage, water,gas, power, lighting and communi-cations systems to serve the area andthe connection of those systems tohouses and other buildings and sitesfor houses and other buildings in thearea,
and, subject to the provisions of anycontract relating to such an arrangement,to allot to each house, building or sitehaving the benefit of the arrangement suchproportion of the cost incurred by theCommission under the arrangement as theCommission deems just;
(e) to purchase building materials, equipment,fittings or appliances, and to supply thesame or any of them to any person or bodyof persons, corporate or unincorporate forthe purposes of this Act upon such termsand conditions as the Commission deter-mines;
(f) to dispose of, set apart, utilise and deal withany land held by the Commission for thepurposes of housing projects under orpursuant to an agreement between theCommonwealth and the State entered intopursuant to, or ratified by, an Act;
1980.] Housing. [No. 58.
(g) with the consent of the Minister to delegateto any local authority approved by theMinister all or any of the powers andfunctions of the Commission (except thispower of delegation) upon and subject tosuch terms and conditions as the Commis-sion thinks fit so that the delegated powersand functions may be exercised andperformed by the local authority in thesame manner and with the same effect asif they had been directly conferred on thelocal authority by this Act and not bydelegation;
(h) to advance moneys to any local authorityto which a delegation is made under para-graph (g) of this subsection;
(i) to do any thing incidental to a mattermentioned in this subsection.
(2) A delegation under subsection (1) (g) shallbe revocable at will and no delegation shall preventthe exercise of any power or the performance of anyfunction by the Commission.
(3) The powers conferred by subsection (1) are inaddition to any other powers conferred on theCommission by this Act.
23. (1) For the purposes of this Act the Commis-sion may, with the consent of the Minister, take landon lease for such period and subject to suchcovenants and conditions as it thinks reasonable.
(2) The powers conferred on the Commission bythis Act in respect of land held by the Commissionmay, subject to the express or implied covenants andconditions of the lease, be exercised by the Commis-sion in respect of land taken by it on lease.
24. (1) Notwithstanding any provision to thecontrary in any Act, the Commission in respect ofvacant rateable land acquired within the district of
Power totake lease.
Paymentof rates tolocalauthority.
Power tolease.
Power to
No. 58.] Housing. [1980.
a local authority, shall be liable to pay rates thereonout of the Fund to that local authority, and the landshall be deemed to continue to be rateable land; butin the case of vacant land other than subdividedland no such liability shall arise until the land hasbeen held vacant by the Commission for a period ofat least two years and in the case of vacantsubdivided land no such liability shall arise untilthe land has been held vacant by the Commissionfor a period of at least one year.
(2) In this section "subdivided land" means anallotment of land, shown on an approved plan ordiagram of subdivision deposited at the Office ofTitles under the Transfer of Land Act 1893 to be ofan area not exceeding 10 000 square metres, or, if nosuch plan or diagram is so deposited, an allotmentof land determined under that Act to be of an areanot exceeding 10 000 square metres.
Division 2.—Dealings with Property Generally.
25. (1) The Commission may let or lease, or granta licence to any person to use, any building, buildingand land or vacant land held by the Commissionfor such periods and purposes, at such rentals andon such terms, covenants and conditions as theCommission thinks fit.
(2) Subsection (1) does not apply to the lettingor leasing of a house or house and land.
26. (1) The Commission, with the consent of theMinister, may by public auction or private contractsell any building and land or vacant land held bythe Commission for cash or on such terms ofpayment as the Commission thinks fit and at suchprice, and subject to such conditions, restrictions,exceptions and reservations (if any) as the Com-mission thinks fit.
1980.] Housing. [No. 58.
(2) Subsection (1) does not apply to a sale underDivision 4 of this Part.
27. The Commission may grant or create aneasement over land held by the Commission for suchpayment (if any) and on such terms and conditionsas the Commission thinks fit.
Division 3.—Letting or Leasing of Houses.
28. The Commission may let or lease any houseor house and land held by the Commission to anyeligible person or, with the consent of theMinister,
(a) to any public authority or body corporate;or
(b) to any person who, in the opinion of theCommission, is providing an essentialcommunity or tradesman service in alocality and is unable to obtain suitableaccommodation in that locality from anysource other than the Commission.
29. (1) A house or house and land may be letunder this Division on a weekly or such otherperiodic tenancy as the Commission thinks fit ormay be leased under this Division for such period asthe Commission thinks fit.
(2) The terms, covenants and conditions of atenancy or lease under this Division shall be suchterms, covenants and conditions as the Commissionthinks fit and shall be set out in a tenancyagreement in an approved form.
30. (1) The amounts of rent to be paid by tenantsunder this Division shall be such amounts as arefrom time to time determined by the Commissionand approved by the Minister.
Power togranteasement.
Power tolet or leasehouses.
Terms andconditions.
Determina-tion of rent.
Credit ofrentstowardspurchasePrice.
No. 58.] Housing. [1980.
(2) A determination under subsection (1) mayprovide for
(a) the payment of different rents in respect ofdifferent houses or different classes ofhouses;
(b) the payment of different rents by tenantsof different classes;
(c) the allowance of rebates in such circum-stances and subject to such conditions asare specified in the determination.
31. (1) Subject to subsection (2) where
(a) the purchaser of any house and land underDivision 4 of this Part has been a tenantof the house or the house and the landunder this Division; or
(b) the spouse or deceased spouse of apurchaser of any house and land underDivision 4 of this Part has been a tenantof the house or the house and the landunder this Division,
the Commission may credit towards the purchaseprice of the house and land the rents that have beenpaid by the purchaser or the spouse or deceasedspouse of the purchaser in respect of the house, oxthe house and the land, or such portion (if any)of those rents as the Commission thinks fit.
(2) Where a person becomes the purchaser ofany house and land under Division 4 of this Partby exercising an option to purchase contained in otenancy agreement under this Division the provi-sions of subsection (1) shall not affect any provisioncontained in the tenancy agreement providing foxthe crediting of rents towards the purchase price ofthe house and land.
(3) In this section "rents" includes amounts pairby a tenant of a house or house and land for thepurpose of the repair, renovation, upkeep ofimprovement of the house or house and land.
1980.] Housing. [No. 58.
Division 4.—Sale of Houses and Housing Land.
32. (1) This Division applies to the sale by theCommission of a house and land held by the Com-mission or land held by the Commission on whicha house is to be erected.
(2) A reference in subsection (1) to a house is areference to a house that is intended to be used bythe purchaser as a home for himself and his family(if any).
33. (1) The Commission may by public auctionor private contract sell land or a house and landunder this Division
(a) for cash; or(b) in the case of-
(i) the sale of land; or(ii) the sale of a house and land to an
eligible person,on such terms of payment as the Commis-sion thinks fit.
(2) A sale under this Division may be made atsuch price and subject to such conditions,restrictions, exceptions and reservations as theCommission thinks fit.
(3) If a sale under this Division is made on termsor subject to conditions, restrictions, exceptions orreservations those terms, conditions, restrictions,exceptions or reservations shall be set out in acontract of sale in an approved form.
(4) The Commission may, by determinationapproved by the Minister and published in theGovernment Gazette, fix a standard rate of interestto apply to contracts of sale in respect of sales onterms under this Division.
(5) Different standard rates of interest may befixed under subsection (4) in respect of differentclasses of contracts of sale.
(6) The interest rate specified in a contract ofsale in respect of a sale on terms under this Divisionshall be the standard rate of interest most recentlypublished under subsection (4) in respect of
Applicationof thisDivision.
Terms andconditionsof sale.
Limit Onamount ofUnpaidpurchasemoney.
Referenceto "house".
Loans toassisteligibleparsons.
No. 58.] Housing. [1980.
contracts of sale of that class but the contract mayprovide for the interest rate to vary in accordancewith determinations published from time to timeunder that subsection.
(7) In subsection (6) "interest rate" in relationto a contract of sale means the rate of interestpayable on the balance of the purchase money forthe time being remaining unpaid under thatcontract of sale.
34. (1) The balance of the purchase money forthe time being remaining unpaid under a contractof sale in respect of a sale under this Division shallnot exceed such sum as is determined by the Ministerfor the purposes of this subsection by noticepublished in the Government Gazette.
(2) For the purposes of subsection (1) theMinister may determine different sums in respect ofland in different areas of the State.
PART IV.—PROVISION BY THE COMMISSION OFFINANCIAL ASSISTANCE FOR HOUSING.
Division 1.—Loans.
35. A reference in this Division to a house inrelation to the making of a loan is a reference to ahouse that is, or is intended to be, used by theperson to whom the loan is to be made as a home forhimself and his family (if any).
36. (1) Subject to this Act the Commission maymake a loan to any eligible person in order to assistthe eligible person-
(a) to erect, complete, enlarge or improve ahouse on land owned by him;
(b) to purchase land and erect a house thereon;(c) to purchase a house and the land on which
it is erected;(d) to purchase a partially erected house and
the land on which it is being erected andcomplete the house; or
7280.] Housing. [No. 58.
(e) to discharge any mortgage or liabilityalready existing on land owned by him andon which a house is erected, or is beingerected or is to be erected.
(2) A reference in subsection (1) to land ownedby an eligible person is a reference to land of whichthe eligible person is the beneficial owner inpossession and includes
(a) Crown land (including any land held bythe Commission) or endowment lands ofThe University of Western Australia, or ofthe trustees of the Public EducationEndowment or of any local authority beingland set aside for residential purposes andheld by the eligible person for his ownbenefit under a lease or agreement;
(b) Residential Leases, Miners' HomesteadLeases and Residence Areas.
37. Subject to this Act the Commission maymake a loan to any person in order to assist theperson to purchase from the Commission land onwhich to erect a house.
38. (1) Subject to this Act the Commission maymake a loan to any person to assist the personto make alterations or additions to a house so thatthe house may be brought into conformity with thebuilding, health or other by-laws or standards ofa local authority or to improve the standard ofcomfort or convenience of the house.
(2) For the purpose of this section
"additions" include the installation orimprovement of water supply, sewerage ordrainage systems and all necessary fittings;
"local authority" includes the MetropolitanWater Supply, Sewerage, and DrainageBoard established under the MetropolitanWater Supply, Sewerage, and DrainageAct 1909, a water board constituted underthe Country Areas Water Supply Act 194'i
Loans topersonsgenerallyto purchaseland fromtheCommission.
Loans topersonsgenerallyto Improvehouses.
Method ofMaking loan.
Limit onamount tobe lent.
Security Mrrepaymentof loan.
No. 58.] Housing. [1980.
or the Water Boards Act 1904 and adrainage board constituted under the LandDrainage Act 1925.
(3) No loan shall be made under this sectionother than to a person who satisfies the Commissionthat his financial position justifies the assistanceapplied for.
39. A loan under this Division may be made inone sum or in progress payments from time to timeat the discretion of the Commission.
40. (1) The total amount lent to a person underthis Division and for the time being remainingowing shall not exceed such sum as is determinedby the Minister for the purposes of this subsectionby notice published in the Government Gazette.
(2) For the purposes of subsection (1) theMinister may determine
(a) different sums in respect of land indifferent areas of the State;
(b) different sums in respect of loans fordifferent purposes.
41. (1) The repayment of every loan made underthis Division together with all interest and othermoney incidental to that loan or properly chargedagainst the borrower in respect thereof shall besecured by
(a) a first or second mortgage in an approvedform to the Commission, of the borrower'sestate and interest in the land on whichthe house to which the loan relates iserected, or is being erected or is to beerected and in the improvements (if any)already thereon and the improvements (ifany) that are to be made thereon with theaid of the loan; and
(b) such additional or collateral security (ifany) as to the Commission may seem fit insuch form as the Commission may require.
1980.] Housing. [No. 58.
(2) The borrower may execute a mortgage orother instrument of security securing a loan underthis Division notwithstanding anything to thecontrary in any enactment or law, or in the lease,agreement or occupation certificate under which heholds the land that is to be the subject of thatmortgage or other instrument.
42. (1) The Commission may, by determinationapproved by the Minister and published in theGovernment Gazette fix a standard rate of interestto apply to loans under this Division.
(2) Different standard rates of interest may befixed under subsection (1) in respect of differentclasses of loans.
(3) The interest rate specified in a mortgage orother instrument of security securing a loan underthis Division shall be the standard rate of interestmost recently published under subsection (1) inrespect of loans of that class but the mortgage orother instrument of security may provide for theinterest rate to vary in accordance with determina-tions published from time to time under thatsubsection.
(4) In subsection (3) "interest rate" in relationto a loan means the rate of interest payable on thebalance of the amount for the time being advancedand remaining owing under the loan.
43. The rights, powers and remedies of theCommission in relation to loan transactions underthis Division shall be those rights, powers andremedies given by or under the mortgage or otherinstrument of security together with such rights,powers and remedies as are normally applicable tosuch transactions at law or in equity.
Interest onloans.
Normal legalrelationshipsto apply.
44. The Commission shall, whilst a loan underthis Division is secured by a mortgage of any land,be entitled, subject to the rights of any priormortgagee, to hold the documents of title to thatland.
Protection ofCommis-sion%interest.
No. 581 Housing. [1980.
Commissionto obtainreports as toexpenditureof Wane.
Guarantee byCommissionIn certainoases.
45. The Commission from time to time shallobtain reports from the inspectors and valuers ofthe Commission as to the manner in which moneyslent under this Division have been expended andused by the respective borrowers, and as to the stateand condition of the improvements for the purposeof which those moneys have respectively been lent,and generally as to the state and condition of theproperties in respect of which those moneys havebeen lent.
Division 2.—Guarantees and Subsidies.
46. (1) Where an eligible person desires to(a) erect a house;(b) complete a partially erected house; or(c) purchase a new house,
and is able without borrowing to pay so much ofthe cost of erecting the house as the Commissionapproves but is unable to borrow, without assistanceunder this section from the Commission, sufficientmoney in order to enable him to pay the balance ofthe cost, the Commission may assist him byguarantee in order to enable him to do so.
(2) In this section(a) a reference to a house or new house is a
reference to a house that is or is intendedto be used by the person to whom theassistance is to be given as a home forhimself and his family (if any) but doesnot include a reference to a house of whichthe value (exclusive of the value of the landon which it is or is to be erected) exceedssuch sum as is determined by the Ministerfor the purposes of this paragraph by noticepublished in the Government Gazette;
(b) "new house" has the meaning given to thatterm in section 3 of the Housing LoanGuaranteee Act 1957.
(3) For the purposes of subsection (2) (a) theMinister may determine different sums in respectof houses in different areas of the State.
1980.] Housing. [No. 58.
47. (1) For the purpose of assisting eligiblepersons in obtaining houses and land by subsidisingthe rate or amounts of interest payable in respectof loans made to them by approved lending institu-tions, the Commission may, with the approval of theMinister
(a) make payments, on such terms andconditions as the Minister approves, toapproved lending institutions that makeloans to approved persons on the securityof freehold or leasehold property by way ofmortgage;
(b) enter into agreements with approvedlending institutions in order to facilitateand regulate the making of payments underparagraph (a) of this subsection and toensure compliance with the terms andconditions approved by the Ministerpursuant to that paragraph.
(2) In this section"approved lending institution" means an
institution, body or person that is approvedin writing by the Minister for the purposesof this section;
"approved person" means an eligible personapproved in writing by the Commission forthe purposes of this section.
Payment ofsubsidies onaccount ofloans madeto eligiblepersons.
PART V.—ARRANGEMENTS AND AGREEMENTS AS TOHOUSING FINANCE.
Division 1.—Arrangements with the Commonwealth.
48. In this Division"Commonwealth Housing Act" means any Act
of the Parliament of the Commonwealthrelating to financial assistance to theStates, or to States including this State, forhousing purposes;
"Housing Agreement" means any agreementmade and entered into between the Com-monwealth and this State for housingpurposes including an agreement to whichthe other States, or any of them are parties;
Definitions.
No. 58.] Housing. [1980.
"housing purposes" includes(a) assistance to persons to enable them
to meet their housing requirements;(b) betterment of housing conditions;
and(c) promotion of social welfare in relation
to housing.
Financialassistancefrom theCommon-wealth—powers ofMinister andCommission.
49. (1) The Minister and the Commissionsubject to the Minister are hereby respectivelyauthorized to do all acts and things necessary orconvenient for the purpose of enabling the Stateto participate in any scheme or arrangement for thegranting of financial assistance by the Common-wealth for housing purposes.
(2) Without limiting the generality of subsection(1)-
(a) the Minister and the Commission, on behalfof the State, are hereby respectivelyinvested with such powers, functions, dutiesand responsibilities as are necessary orconvenient for-
(i) enabling the State, and the Ministerand the Commission on behalf of theState, to obtain such grants,assistance and benefits as areprovided or capable of being providedunder a Commonwealth Housing Actor a Housing Agreement; and
(ii) enabling the State, and the Ministerand the Commission, to fulfil suchconditions and comply with suchother requirements as are necessaryfor obtaining the grants, assistanceand benefits referred to insubparagraph (i) of this paragraph;
(b) the Commission, on behalf of the State,shall maintain any account necessary tocomply with conditions imposed by, andfulfil objects and purposes set out in, a
1980.] Housing. [No. 58.
Commonwealth Housing Act or in aHousing Agreement and may pay moneysinto, expend and advance moneys from, andgenerally operate any such account so asto comply with those conditions and fulfilthose objects and purposes.
50. (1) Without limiting the generality ofsection 49 the Minister and the Commission, subjectto the Minister, are hereby respectively authorizedto administer any Housing Agreement for and onbehalf of the State.
(2) The authority conferred by subsection (1)extends to the doing of any act or thing beforethe coming into operation of a Housing Agreementbut in anticipation of and for the eventual purposesof that agreement.
(3) Subject to section 51, for the purposes ofthe administration of any Housing Agreement allthe powers, functions, duties, authorities andresponsibilities of the Commission as provided inthis Act shall apply and extend to the Commission,and all the provisions of this Act, so far as theyare applicable or can with necessary adaptationsand modifications be made applicable, shall applyin all respects and for all purposes in relation toprojects for housing purposes provided for andmentioned in that agreement and undertaken bythe State pursuant to that agreement.
51. (1) Where any act, matter or thingrequired or authorized by any provision of aHousing Agreement to be done by or on behalf of theState for housing purposes cannot conveniently bedone under the provisions of this Act, the Governormay make regulations for authorizing the doing ofsuch act, matter or thing.
(2) Regulations made under subsection (1) shallbe valid and have effect notwithstanding that theyare inconsistent with or repugnant to a provisioncontained elsewhere in this Act.
Housingassistanceunderagreements.
Regulationsas toadministra-tion ofagreements.
No. 58.] Housing. [1980.
Division 2.—Agreements with Lending Institutions.
Definitionsand effect. 52. (1) In this Division—
"home finance moneys" means
(a) any moneys made available to theState by the Commonwealth pursu-ant to a Commonwealth HousingAct or a Housing Agreement for thepurpose of providing finance to assistpersons to erect or purchase homesfor themselves and their families (ifany); or
(b) any moneys set aside by the Commis-sion, out of any funds available to it,for the purpose of providing financeto assist persons to erect or purchasehomes for themselves and theirfamilies (if any);
"instrument of constitution" means the Act orother instrument by which, a lendinginstitution is constituted and by authorityof, or subject to, which, the institutioncarries on its business, and includes rules,by-laws, regulations, and other subordinateauthorizations effective under the Act orother instrument;
"lending institution" means
(a) a building society registered underthe Building Societies Act 1976;
(b) a lending authority of the State; or
(c) a body approved by the Minister asa body to which loans may be madeunder this Division;
"loan agreement" means an agreement betweenthe State and a lending institution inrelation to a loan from home financemoneys for on-lending by the institution toassist borrowers to erect or purchase homesfor themselves and their families (if any),
1980.] Housing. [No. 58.
and the terms "Commonwealth Housing Act" and"Housing Agreement" have the meanings respec-tively given to them in Division 1 of this Part.
(2) Nothing in this division authorizes themaking of a loan from home finance moneysreferred to in paragraph (a) of the definition of thatterm in subsection (1) other than to an institutionto which such a loan may be made under the termsof the relevant Commonwealth Housing Act orHousing Agreement.
(3) The provisions of this Division are additionalto, and do not affect, the provisions of the HousingAgreement (Commonwealth and State) Act 1973.
53. Power to enter into and to carry out loan f,:,:kveril,agreements with the State is conferred by this Act agreements.
on a lending institution, notwithstanding that thepower is not conferred by the instrument of consti-tution of the lending institution, and notwith-standing any provision of the instrument ofconstitution to the contrary.
54. (1) The State and a lending institution mayagree to the inclusion in a loan agreement of suchterms and conditions as they think fit, but theprovisions of section 55 apply to, and are includedby virtue of this section in, every loan agreemententered into before or after the coming intooperation of this Act, whether those provisions are orare not expressly included by the agreement in it, orare expressly excluded by the agreement from it.
(2) Without limiting the generality of subsection(1), the conditions which may be included in a loanagreement include conditions
(a) fixing or limiting the rate of interestpayable by borrowers in respect of moneysadvanced to them by the lending insti-tution;
Terms andconditions ofagreement.
No. 58.] Housing. [1980.
(b) fixing or limiting the term or period ofyears for which any advance may be madeto a borrower by the lending institution;
(c) prohibiting the lending institution frommaking any advance to a borrower wherethe value of the house, or of the house andland, in respect of which the advance issought, exceeds the amounts respectivelydetermined from time to time by theMinister; and
(d) prohibiting the lending institution frommaking any advance to a borrower whoseincome exceeds the amount determinedfrom time to time by the Minister.
Floatingsecurityand charge.
55. (1) Subject to sections 56 and 57 where alending institution makes a loan agreement theState has, by virtue of this Act and notwithstandingthe provisions of any other Act or delegatedlegislation, or of the instrument of constitution ofthe lending institution, as floating security for thedue observance by the lending institution of theterms and conditions of the loan agreement, afloating charge on the whole of the undertaking andother property and assets, present and future, ofthe lending institution.
(2) A floating charge created by this section haspriority to all other charges, whether they aroseor were created before, or arise or are created afterthe coming into operation of this Act.
(3) Any amount owing under a loan agreementby a lending institution to the State is a debt owingto the Crown.
(4) If and when applicable, the provisions ofsection 291 and Division 5 of Part X of theCompanies Act 1961 apply in respect of the debt,but this subsection does not derogate from thegenerality of the operation of the provisions ofsubsections (1), (2) and (3).
1980.] Housing. [No. 58.
(5) Unless and until proceedings are commencedfor winding up of the lending institution,
whether under Part X of the Companies Act1961; or on termination of the lending institu-tion in the case of a building society other thana permanent building society; or by such otherprocedure as is provided for the winding upof the lending institution; or
unless and until the State,
pursuant to the provisions, if any, of the loanagreement in respect of which the security andcharge exist, directs otherwise,
the floating security and charge created by thissection do not in any way preclude the lendinginstitution from, or limit the lending institution in,carrying on business in the ordinary course as if thesecurity did not exist and the charge had not beencreated.
56. (1) Where a lending institution makes or Lending
has made a loan agreement, it may, with the 11=1consent of the Treasurer and the Minister, execute securities.
such securities over so much of its property andassets both real and personal as creates a chargethereon and which in the opinion of the Treasurersecures the due observance by the lendinginstitution of the terms and conditions of the loanagreement.
(2) Where a lending institution makes or hasmade a loan agreement and, pursuant to subsection(1), executes in relation to that agreement suchsecurities as are referred to in that subsection
(a) the provisions of section 55 do not haveeffect or cease to have effect, as the caserequires, so as to create any floating chargeor security by virtue of the making of thatagreement; and
(b) the Treasurer may, on the recommendationof the Minister, from time to time releasefrom the charge such securities as are, in
No. 58.] Housing. [1980.
his opinion, no longer necessary to securethe due observance by the lendinginstitution of the terms and conditions ofthe loan agreement.
(3) Any securities referred to in subsection (1)shall be, notwithstanding the provisions of anyother Act and notwithstanding the existence on theproperty and assets of any other charge orencumbrance, by virtue of this subsection, a firstcharge on so much of the property and assets of thelending institution as is from time to time thesubject of those securities.
Propertyand assetsof lendinginstitutionmay bereleased.
Power ofinspectionof affairs oflendinginstitution.
57. Where
(a) a lending institution has, at any timebefore or after the coming into operationof this Act, made a loan agreement; and
(b) the lending institution has not, in relationto that loan agreement, executed securitiesof the kind described in section 56(1).
the Treasurer may, at the request of the lendinginstitution and on the recommendation of theMinister, release from the floating charge andsecurity created by section 55 on the making of theloan agreement, such of the property and assets ofthe lending institution as are, in his opinion, nolonger necessary to secure the due observance bythe lending institution of the terms and conditionsof the loan agreement.
58. (1) Where a lending institution is a partyto a loan agreement the appropriate Minister ofthe State may, whenever he thinks fit, appoint aperson to examine the affairs of the lendinginstitution and to report to the Minister on theresult of the examination.
(2) For the purpose of enabling him to make theexamination, a person so appointed has, and ifnecessary may exercise, the powers conferred on aRoyal Commission by the Royal Commissions Act1968.
(3) An appointment in writing purporting to havebeen made under this section and purporting tohave been signed by a Minister is sufficient authorityfor a person so appointed to exercise the functionsand powers of examination.
59. Notwithstanding anything to the contrarycontained in any Act or delegated legislation or theinstrument of constitution of a lending institution,the lending institution may make advances to aborrower other than upon security of freehold orleasehold property by way of mortgage where
(a) the moneys being advanced to the borrowerhave been loaned to the lending institutionunder a loan agreement; and
(b) the moneys being advanced to the borrowerwill be used by him to purchase a houseerected upon, or to erect a house upon, landwhich at the time the advance is made isheld by the Commission.
PART VI.-SPECIALIZED HOUSING ANDCOMMUNITY FACILITIES.
60. (1) For the purposes of this Act theCommission may
(a) erect, acquire or take leases of, and furnishand equip specialized housing for thepurpose of housing persons, includingstudents and aged and infirm persons,whose housing requirements are not, in theopinion of the Commission otherwiseadequately provided for under the provi-sions of this Act;
(b) let or lease residential units in specializedhousing to persons at such rentals, on suchterms for such periods and subject to suchcovenants and conditions as theCommission considers fit and proper;
Specialpowers oflendinginstitutionsto makeadvancesof moneys.other thanby way ofmortgage.
Commissionmay providespecislizedhousing.
Communityfacilities.
No. 58.] Housing. [1980.
(c) provide, in relation to specialized housing,such amenities and facilities, separate orcommunal as, in the opinion of theCommission are necessary or desirable forthe comfort, health and convenience, orwill serve a beneficial purpose in connectionwith the requirements of the persons towhom residential units in specializedhousing are let or leased;
(d) provide for the proper conduct,management, control and supervision ofspecialized housing, including the provisionof canteens and dining rooms and theemployment of caretakers, supervisors andother persons necessary for the properconduct, management, control andsupervision of specialized housing;
(e) enter into arrangements with a localauthority or with any person approved bythe Minister under which the localauthority or person shall undertake theconduct, management, control andsupervision of specialized housing.
(2) In subsection (1) "specialized housing" meansa building or group of buildings which contains anumber of separate residential units suitable for thehousing of persons including students and aged andinfirm persons and which is designed so as to provideliving amenities and facilities available for use incommon by persons residing in those residentialunits.
61. (1) In order to promote the establishmentand growth of a community in any area and tomeet health, social, educational, and recreationalneeds of the members of that community theCommission may, with the consent of the Minister,acquire land, or set aside land held by theCommission, for the purpose of providing, or
1980.] Housing. [No. 58.
providing sites for, community facilities andamenities and may, with the consent of theMinister
(a) erect on the land, and furnish and equip,any buildings that the Commissionconsiders necessary or desirable havingregard to the purpose for which the landwas acquired or set aside or enter intoarrangements with a public authority, orapproved person for the erection, furnishingand equipping of such a building;
(b) enter into arrangements with a publicauthority or approved person for theconduct, management, control, mainten-ance and supervision of the land andany building erected on the land andhealth, social, educational and recreationalactivities to be carried on on the land orin a building erected on the land;
(c) sell, let or lease any of the land, or let orlease any building erected on the land,for the purpose for which the land wasacquired or set aside;
(d) surrender any of the land to Her Majestyfor the purpose for which it was acquiredor set aside.
(2) In subsection (1)
"approved person" means a person approved bythe Minister;
"community facilities and amenities" includesgardens, parks, public open spaces, placesof recreation, shops, offices, theatres,religious buildings, infant health centres,pre-school centres and care centres forchildren, meeting halls, schools, kinder-gartens, club and meeting rooms, libraries,swimming and bathing facilities, healthcentres, hospitals and other public utilities,and business or social facilities.
Funds.
No. 58.] Housing. [1980.
(3) The Minister shall not give his consent to theexercise by the Commission of its powers undersubsection (1) to erect, furnish and equip anybuilding unless he is satisfied that an opportunityhas been given to the private sector to erect, furnishand equip the building and that that sector is notwilling to erect, furnish and equip the building or isnot willing to do so otherwise than on terms that areunsuitable.
PART VII.-FINANCE.
62. (1) The funds necessary for the effectualexecution of this Act shall be such moneys as arefrom time to time appropriated by Parliament forthat purpose and such moneys as the Commissionmay borrow or lawfully receive under and subjectto the provisions of this Act.
(2) All such moneys shall be placed to the creditof an account at the Treasury to be called TheState Housing Commission Fund and applied to thepurposes of this Act.
(3) Subsection (2) does not affect the operationof any provision of a Commonwealth Housing Act ora Housing Agreement, within the meaning of PartV of this Act, requiring separate accounts to bekept in respect of moneys received and transactionsentered into in accordance with that Act orAgreement.
(4) The interest on and contributions, at a rateto be fixed by the Treasurer, to the sinking fundfor the redemption of moneys appropriated byParliament to the purposes of this Act from theGeneral Loan Fund shall be paid by the Commis-sion to the Treasurer from The State HousingCommission Fund half-yearly and shall be appliedby the Treasurer to recoup the Consolidated RevenueFund in respect of such interest and contributions.
1980.] Housing. [No. 58.
(5) Where a sinking fund is created for theredemption of moneys borrowed by the Commissionunder section 63, the Commission shall, from TheState Housing Commission Fund,
(a) pay the interest on those moneys; and
(b) set aside contributions to that sinking fundat a rate to be fixed by the Treasurer.
(6) Where moneys borrowed by the Commissionunder section 63 are repayable by instalments,periodical instalments of principal and interest shallbe paid by the Commission from The State HousingCommission Fund.
(7) Moneys to the credit of a sinking fund createdfor the purpose of the redemption of moneysborrowed by the Commission under section 63 shall,until such time as they are required for that purpose,be invested by the Treasurer in such securities ashe may think fit.
(8) Moneys to the credit of The State HousingCommission Fund not immediately required for thepurposes of this Act may be invested by theTreasurer on behalf of the Commission in suchsecurities as he may think fit.
63. (1) The Commission may from time to time,with the approval of the Governor, given on therecommendation of the Minister and theTreasurer
(a) borrow and reborrow moneys by thecreation and issue and sale of debenturesand of inscribed stock for the purpose ofraising the funds of the Commission for theeffectual execution of this Act;
(b) create and issue debentures and inscribedstock in exchange for the debentures issuedin respect of moneys previously borrowedby the Commission and not repaid;
Power toraise money.
No. 58.1 Housing. [1980.
(c) create and issue and sell any debenturesand inscribed stock for the purpose ofraising money for redeeming any outstand-ing loans and paying any expenses incurredin the creation and issue of debentures andinscribed stock and otherwise carrying outthe provisions of this Act;
(d) effect any conversion authorized by thissection either by arrangement with theholders of existing debentures or registeredowners of inscribed stock, or by thepurchase of the debentures or inscribedstock out of moneys raised by the sale ofdebentures and inscribed stock, or partly inone way and partly in the other.
(2) The Minister and the Treasurer shall not makea recommendation under subsection (1) unless aproposal showing the term and particulars of theproposed loan, the rate of interest to be paid thereon,the manner in which the loan is to be repaid andthe purposes to which the moneys borrowed are tobe applied has been submitted to them by theCommission and approved by them.
(3) Any moneys borrowed by the Commissionunder this section
(a) may be raised as one loan or as severalloans; and
(b) may be raised(1) by the creation and issue of
debentures;
(ii) by the creation and issue of inscribedstock; or
(iii) partly as provided by subparagraph(i) and partly as provided by sub-paragraph (ii) of this paragraph.
(4) For the purpose of making provision to repayeither the whole or any part of any loan raised bythe Commission under this section the Commissionmay, under and subject to this section, borrow the
1980.] Housing. [No. 58
moneys necessary for that purpose before the boaror part of it becomes repayable.
(5) The due repayment of all moneys borrowedby the Commission under this section and thepayment of all interest thereon are herebyguaranteed by the Government of the State.
(6) Any sums required by the Treasurer for ful-filling any guarantee given by this Act shall bepaid out of the Public Account which is hereby tothe necessary extent appropriated accordingly, andany sums received or recovered by the Treasurerfrom the Commission or otherwise in respect of asum so paid by the Treasurer shall be paid into thePublic Account.
64. (1) Debentures may be issued under section63 with or without interest coupons attached.
(2) Inscribed stock created and issued undersection 63 shall be called "The State Housing Com-mission Inscribed Stock".
(3) The provisions of Part I of the Schedule tothis Act apply with respect to debentures andinscribed stock issued by the Commission under theprovisions of section 63.
(4) The provisions of Part II of that Scheduleapply with respect to debentures issued under theprovisions of section 63.
(5) The provisions of Part III of that Scheduleapply with respect to inscribed stock issued in Perthin the State under the provisions of section 63.
65. (1) The accounts of the Commission shall,once at least in every year, and also whenever sodirected by the Governor, be audited by the AuditorGeneral.
Provisionsas todebenturesandinscribedstock.
No. 58.] Housing. [1980.
(2) The Auditor General shall, in respect of theaccounts of the Commission, have all the powersconferred on the Auditor General by any law in forcerelating to the audit of public accounts.
Report tobe laidbeforeParliament.
Financialstatement-Particuiars.
Power toextend time.
ProtectionfromPersonaliabilityl.
66. In every year the Commission shall furnisha financial statement and report to the Ministerupon the operation of this Act, and every suchfinancial statement and report, together with thereport of the auditor shall be laid, as soon aspossible, before both Houses of Parliament.
67. The annual financial statement required byvirtue of section 66 shall show, in respect of theprevious financial year
(a) the financial position of the Fund, andother funds maintained for the purposes ofthis Act;
(b) a balance sheet as at the thirtieth day ofJune of that year;
(c) a profit and loss account for the year;
(d) such other accounts and records (if any)as are prescribed.
PART VIII.-MISCELLANEOUS.
68. The Commission may, in cases of hardship,extend the due date for the payment of any moneyspayable to the Commission by a purchaser, tenant,mortgagor or other debtor, for such time, and uponsuch terms and conditions, as the Commission withthe approval of the Minister may determine.
69. No matter or thing done or omitted to bedone and no agreement entered into by theCommission or any member thereof, and no matter
1980.] Housing. [No. 58.
or thing done or omitted to be done by any officeror other person acting under the authority ordirection of the Commission in good faith under orfor the purposes of this Act, or purportedly underor for the purposes of this Act, shall subject anymember of the Commission, or any such officer orperson, to any personal liability in respect thereof.
70. (1) The Governor may make suchregulations, not inconsistent with this Act, as heconsiders necessary or convenient for giving effectto the objects and purposes of this Act or forfacilitating the operation of this Act and of theCommission under this Act.
(2) A regulation may be made under this Act
(a) so as to apply generally or in a particularclass of case, or particular classes of cases,at all times or at a specified time or specifiedtimes;
(b) so as to require a matter affected by it to bein accordance with a specified requirement,or as approved by, or to the satisfactionof, the Commission or a specified person orbody, or class of person or body, and so asto delegate to or confer upon the Commis-sion or a specified person or body, or classof person or body, a discretionary authority;
(c) so as to provide that in specified cases, or aspecified class of case, or specified classes ofcases, whether on specified conditions orunconditionally, persons or things or aclass or classes of persons or things maybe exempted from any provisions of theregulations either wholly or to such extentas is specified;
(d) so as to impose a penalty not exceeding$100 for a breach of any regulation.
Regulationsgenerally.
Regulationsas to fees.
Payment offees andduties.
No. 58.] Housing. [1980.
71. Without limiting the generality of section 70the Governor may make regulations prescribing thefees to be paid
(a) in respect of applications made under thisAct;
(b) for any valuation, inspection, report, planor specification prepared or made for thepurposes of this Act;
(c) for the preparation by the Commission oftenancy agreements, contracts of sale,transfers, mortgages, discharges, releasesand other instruments for the purposes ofthis Act;
(d) for the production by the Commission ofdocuments of title to property and otherinstruments;
(e) for or with respect to the management, use,control, regulation and inspection of housesand other buildings and land maintainedor caused to be maintained by the Com-mission,
and providing for the payment and recovery of suchfees.
72. The Commission may pay registration feesand stamp duties in relation to a sale made underDivision 4 of Part III of this Act or a loan madeunder Division 1 of Part IV of this Act on behalfof the person to whom the sale or loan is made andmay recover the amount so paid from him.
Addition ofcertainamounts tobalance ofcontractPrice orloan.
73. (1) The Commission may add to the balanceowing under a contract of sale under Division 4 ofPart III of this Act or under a loan under Division1 of Part IV of this Act
(a) any amount payable to the Commission bythe person to whom the sale or loan wasmade in respect of application, valuation,
1980.] Housing. [No. 58.
document preparation and other fees andexpenses in connection with the sale orloan;
(b) any amount paid by the Commissionpursuant to section 72 in relation to thesale or loan.
(2) An amount may be added pursuant tosubsection (1) to the balance owing under a contractof sale or loan notwithstanding that the totalamount so owing will thereby exceed the sumdetermined pursuant to section 34 or 40, whicheveris applicable, in respect of a contract of sale or loanof that kind.
PART IX.-SAVING AND TRANSITIONAL PROVISIONS.
74. Unless the contrary intention appears in thisAct
(a) all persons, things and circumstancesappointed or created by or under therepealed Act or existing or continuing underthe repealed Act immediately before thecoming into operation of this Act shallunder and subject to this Act continue tohave the same status, operation and effectas they would have had if that Act hadnot been repealed;
(b) in particular and without affecting thegenerality of paragraph (a) of this section,the repeal effected by section 3 shall notdisturb the continuity of status, operationor effect of any appointment, notice,certificate, contract, agreement, debenture,charge, security, tenancy agreement, auth-orization, consent, approval, refusal, decla-ration, determination, recommendation,request, appeal, register, guarantee, deposit,insurance policy, appraisement, re-appraise-
Continuityof status andoperation.
No. 58.] Housing. [1980.
ment, valuation, delegation, estate, interest,notification, confirmation, validation,extension of time, proceeding, liability orright made, given, entered into, issued,granted, effected, maintained, lodged,incurred or acquired or existing or continu-ing by or under the repealed Act before thecoming into operation of this Act.
MembershipofCommission.
Continua-tion ofProvisionsrelating toearlierActs andbodies.
75. Notwithstanding section 74 a person holdingoffice as a member of the Commission undersection 9 (1) (b) of the repealed Act immediatelybefore the coming into operation of this Act shall,by virtue of the coming into operation of this Act,vacate that office but, subject to this Act, sucha person shall be eligible for re-appointment as amember of the Commission as constituted under thisAct.
76. Without limiting the generality of section 74and notwithstanding section 3-
(a) the provisions of subsections (3) and (4) ofsection 16 of the repealed Act shall continueto apply to and in respect of advancesreferred to in subsection (3) of that section;
(b) the Commission shall continue to have thepowers, functions and duties conferred orimposed on it by subsections (1) and (2) ofsection 21A of the repealed Act and theprovisions of subsection (3) of that sectioncontinue to apply to the exercise of thosepowers and functions and the carrying outof those duties.
Contractsof sale,mortgagesandtenancies.
77. Contracts of sale, mortgages and tenancyagreements entered into under the repealed Act andsubsisting at the coming into operation of this Actshall be deemed to be contracts of sale, mortgages
1980.] Housing. [No. 58.
and tenancy agreements, respectively, pursuant tothis Act but
(a) the amount of the moneys, includinginterest (if any), owing under such a con-tract of sale or mortgage and the times atwhich and amounts in which those moneysshall be paid or repaid;
(b) the rents and other amounts (if any) pay-able under such a tenancy agreement; and
(c) the proceedings that may be taken by, andthe other rights, remedies and obligationsof, the Commission and the other party orparties to such a contract of sale, mortgageor tenancy agreement,
shall be determined in accordance with theprovisions of the contract of sale, mortgage ortenancy agreement and of the repealed Act and theregulations thereunder.
78. Notwithstanding section 3 the provisions ofthe repealed Act and the regulations thereundershall continue to apply to and in relation toperpetual leases granted under Part V of therepealed Act and subsisting at the coming intooperation of this Act.
79. Where in any Act, regulation, rule, by-law,proclamation, Order in Council or other documentor instrument there is
(a) a reference to the Commission constitutedunder the repealed Act;
(b) a reference that, before the coming intooperation of this Act, was deemed to be areference to the Commission constitutedunder the repealed Act,
Perpetualleases.
References.
Construc-tion.
Interest.
Debenturesand stockpayablebefore duedate.
Wheninterestpayable.
Debenturesand stockInter-changeable.
Brokerage.
No. 58.] Housing. [1980.
that reference shall, unless because of the context orof the provisions of this Part it would be incorrectso to do, be read and construed as reference to theCommission as preserved and continued under thisAct.
80. This Part shall be construed as being in addi-tion to the provisions of the Interpretation Act 1918,and unless the contrary intention appears, shall notbe construed as limiting or otherwise affecting theoperation of those provisions to and in relation tothe repeal effected by section 3.
SCHEDULE. s. 64.
PART I.—DEBENTURES AND INSCRIBED STOCK.
The following provisions apply to debentures and inscribedstock issued by the Commission under the provisions ofsection 63:-
1. All debentures and inscribed stock
(a) shall bear interest at such rate and be redeemableon such date and at such place as the Commissionmay, with the approval of the Governor, determine;and
(b) may with the consent of the holder or the registeredowner thereof, as the case may be, be paid off at anytime before the due date for repayment, at notmore than the face value thereof.
2. Interest secured by any debentures or inscribed stockissued or created pursuant to this Act is payable half-yearly on such days at such places as the Commissiondetermines.
3. The Commission may, at the request of the holderof a debenture or of the registered owner of inscribed stockissued or created pursuant to this Act, in lieu thereof issueto him inscribed stock or debentures, as the case may be, inrespect of the same loan, and of the same amount, and ofthe same currency, and bearing the same interest.
4. The Commission may pay moneys by way of brokeragefor the making, procuring, negotiating, or obtaining theloan of any money borrowed under the authority conferredby section 63 (1).
1980.] Housing. [No. 58.
5. No notice of any trust, express, implied or construc-tive, shall be received by the Commission or by an officerof the Commission in relation to a debenture or inscribedstock issued or created pursuant to this Act, and the Com-mission or the officer is not bound to see to the executionof the trust to which the debenture or inscribed stock maybe subject.
6. A person advancing money to the Commission andreceiving in consideration of the advance a debenture orinscribed stock issued under this Act is not bound to inquireinto the application of the money advanced or is not inany way responsible for the non-application or misapplica-tion thereof.
PART II.—DEBENTURES.
The following provisions apply to debentures issued bythe Commission under this Act:-
1. A debenture shall be in the form prescribed by theregulations.
2. A debenture shall
(a) be sealed with the common seal of the Commissionin the manner prescribed by the regulations; and
(b) be numbered consecutively beginning with thenumber one and proceeding in an arithmeticalprogression whereof the common difference is one.
3. A debenture with the interest coupons (if any)annexed thereto and every interest coupon after being de-tached therefrom shall pass by delivery and without anyassignment or endorsement.
4. The bearer of a debenture or detached interest couponshall have the same rights as if he were expressly namedas payee therein.
5. No interest shall be payable in respect of a debentureexcept to the holder of the coupon representing the interestclaimed and upon delivery of the same.
6. (1) The Commission shall cause to be kept in oneor more books a register of debentures, and within a reason-able time after the date of a debenture shall cause to bemade an entry in the register specifying the number, dateand amount of the debenture.
(2) The register of debentures(a) may be inspected at all reasonable times by a person
on payment of the prescribed fee (if any); and
Notice oftrust notreceivable.
Owners ofsecurities notresponsibleforapplicationof moneys.
Form ofdebenture.
Seal.
Number.
Pass bydelivery.
Rights ofbearer.
Payment ofInterest.
Register ofiebentures.
inspection.
No. 58.] Housing. [1980.
Register tobe evidence.
Copies to besupplied.
Provision forlostdebentures.
Provision fordefaceddebentures.
Dischargeddebenturesto bedestroyed.
(b) shall be evidence of any matters required orauthorized by or under this Act to be insertedtherein.
(3) A person is entitled to obtain from the Commissioncopies or extracts certified by the officer in whose custodythe register is kept to be true copies of or extracts fromthe register upon payment of the prescribed fee; and anycopy or extract so certified is admissible in evidence.
7. Upon proof being made before a judge in chambersby affidavit of any credible person that a debenture issuedby the Commission under this Act and held by such personthe number and sum whereof is specified by him has beenlost or accidentally burnt or otherwise destroyed before ithas been paid off, and after the insertion of such advertise-ments as the judge directs and upon the judge certifyingthat he is satisfied with the proof, the Commission may afterthe expiration of 6 months cause a new debenture withinterest coupons attached to be made having the like cur-rency and bearing the same number, date, principal sumand rate of interest as the debenture so lost or destroyedand to be delivered to the person upon his giving sufficientsecurity to the Commission to indemnify the Commissionagainst any double payment.
8. If a debenture is defaced by accident
(a) the Commission may cancel it and cause a newdebenture to be made in lieu thereof; and
(b) the new debenture shall have the like currencyand be in all respects subject to the same provisionsand bear the same number, date and principal sumand rate of interest as the cancelled debenture.
9. (1) A debenture paid off, discharged, exchanged orconverted into stock
(a) shall be cancelled by the accountant of the Com-mission; and
(b) shall be burnt in the presence of an officer of theCommission and the Auditor General or one of hisofficers thereto authorized by him in writing.
(2) The Auditor General or officer so authorized (as thecase may be) before the debenture is burnt shall audit thesame and allow the accounts thereof and furnish the Com-mission with a certificate particularising the debenture soburnt; and that certificate shall be filed in the office of theCommission.
1980.] Housing. [No. 58.
PART III.—INSCRIBED STOCK.
The following provisions apply to The State Housing Com-mission Inscribed Stock issued in Perth, Western Australia(in this Part called "stock"):—
1. The Commission may establish at the office of the Esgifigh-Commission a registry for the inscription of stock created 33%istry andand issued under the authority of this Act and appoint appointmentan officer of the Commission to be registrar of stock.
2. Stock may be sold by the Commission for ready money Parcels ofin parcels or amounts of twenty dollars or some multiple oftwenty dollars.
3. (1) The Commission shall cause to be provided and stocke ges.
kept at the office of the Commission books to be called"stock ledgers".
(2) All stock issued shall be inscribed in the stock ledgers retrIipitionby entering the names of the purchasers of stock and the s seamount of stock purchased by them respectively.
(3) In the case of joint purchasers of stock the namesof not more than 4 of them shall be inscribed as thejoint purchasers.
(4) The stock ledgers are evidence of any matters Evidence.
appearing therein and required or authorized by or underthis Act to be inserted therein.
Jointpurchasers.
4. (1) Stock or any share therein is transferable in themanner prescribed by the regulations from one person toanother by instrument in the form so prescribed and nototherwise.
(2) A person is not entitled or allowed to transfer anyfraction of a dollar or any smaller sum than twenty dollarsunless that smaller sum is the full amount of the balancestanding to his credit in the stock ledgers.
(3) An instrument of transfer of the stock or any sharetherein shall be executed by all parties and the signaturesto the instrument shall be attested in the manner prescribedby the regulations.
(4) An instrument of transfer when executed shall bedelivered to the registrar who shall register it by enteringa memorial of it in the stock ledgers and shall inscribe thename of the transferee in the stock ledgers as the owner ofthe stock.
Stock howtransferable.
Restrictionson amountof stockwhich maybetransferred.
Execution cftransfer.
Registrationof transfer.
No. 58.] Housing. [1980.
Applicationfortransmission(other thantransfer) ofstock.
Verificationofapplicationfortransmission.
Registrationoftransmission.
Power ofattorney.
When trans-fer books tobe closed andledgersbalanced.
5. (1) A person to whom stock is transmitted in con-sequence of the death or bankruptcy or insolvency of theregistered owner of the stock or by any other lawful meansthan by a transfer in accordance with this Act may applyin the form prescribed by the regulations to the registrarat the registry to be inscribed as the owner of the stock.
(2) An application for transmission shall be verified bystatutory declaration or in such other manner as is soprescribed, and
(a) in the case of a transmission consequent on death—the probate of the will or the letters of adminis-tration shall be produced to the registrar or in thecase of transmission to a survivor or the survivorsof a joint owner a certificate of the death of theowner who has died accompanied by a statutorydeclaration identifying the person named in thedeath certificate with the person who is shownas the registered owner of the stock may if theregistrar approves be produced to him in lieu ofprobate or letters of administration; and
(b) in the case of a transmission consequent on bank-ruptcy or insolvency—an office copy of the adjudi-cation or order of sequestration shall be deliveredto the registrar.
(3) The registrar shall if he is satisfied that the provi-sions of this Act have been complied with register anysuch transmission by entering a memorial of it in the stockledgers and inscribe the name of the person to whom thestock has been transmitted in the stock ledgers as the regis-tered owner of the stock.
6. (1) A person may by power of attorney under hishand and seal and attested by 2 or more credible witnessesappoint some person to be his attorney for any purpose inrelation to stock (including an application for conversionor to receive interest or redemption money).
(2) A power of attorney is valid and effectual for all pur-poses therein mentioned until notice of its revocation or ofthe bankruptcy, insolvency, unsoundness of mind or deathof the principal has been received by the registrar at theregistry.
7. (1) An instrument of transfer of stock or of any partthereof shall not be registered on any Saturday or holidayor within the period of 14 days or within such period(not exceeding 21 days) as is prescribed next beforeany of the days on which the interest thereon is payable.
(2) During the periods referred to in subclause (1) ofthis clause the Commission shall cause the amount of thestock respectively standing to the credit of the several
1980.] Housing. [No. 58.
registered owners thereof to be ascertained and the balancesto be struck and carried forward in the proper stock ledgers.
(3) An instrument of transfer of stock or of any partthereof shall not be registered during the period of 21days immediately preceding the date of maturity of stock.
8. (1) The receipt of the person in whose name stockstands in the stock ledgers, or if it stands in the names ofmore persons than one, the receipt of one of the personsnamed in the stock ledgers shall be a sufficient dischargeto the Commission for any interest payable in respect ofthe stock, notwithstanding any trusts to which the stockmay then be subject and whether or not the Commissionhas had notice of the trusts, and the Commission is notbound to see to the application of the money paid uponthe receipt.
(2) If stock is held in joint names and one or more ofthe registered owners of the stock dies, becomes bankrupt,insolvent or otherwise legally incapable, the receipt of anyone of the other joint owners or survivors shall be a suffi-cient discharge to the Commission for any interest payablein respect of the stock, notwithstanding that a transmissionhas not been registered as required by this Act.
Receipt ofregisteredstockholdersto dischargewithoutregard totrust.
Receiptwhere one ofJoint holdersdies, etc.
