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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
STATE HOUSING AND OTHER
ACTS AMENDMENT BILL 2002
Queensland
STATE HOUSING AND OTHER ACTS
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF STATE HOUSING ACT 1945
3 Act amended in pt 2 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 19 (Exemption from rating) . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 22B (Provision of land for industry, trade or business) . . . 5
6 Insertion of new pt 6D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 6D--ADVANCES TO ENABLE CONDUCT OF RESIDENTIAL
SERVICES
29S Definitions for pt 6D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
29T Loan to meet building costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
29U Non-application of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 30 (Advances to be secured by mortgage). . . . . . . . . . . . . 7
8 Amendment of s 32AB (Interest rates for certain advances and
contracts of sale) ........................................... 7
9 Insertion of new ss 49 and 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
49 Validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
50 Transitional provision for State Housing and Other Acts
Amendment Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 3--AMENDMENT OF LOCAL GOVERNMENT ACT 1993
10 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Amendment of s 4 (Meaning of "owner" of land) . . . . . . . . . . . . . . . . . . . . 8
12 Amendment of s 9 (Act applies only so far as expressly provided) . . . . . . . 9
2
State Housing and Other Acts Amendment Bill 2002
13 Insertion of new s 1057A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1057A Priority of Queensland Housing Commission preserved . . . . . . . . . 9
14 Insertion of new ch 19, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 7--TRANSITIONAL PROVISION FOR STATE HOUSING
AND OTHER ACTS AMENDMENT ACT 2002
1269 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . 10
1270 Sale of land for overdue rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 4--AMENDMENT OF CITY OF BRISBANE ACT 1924
16 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Amendment of s 3A (Application of the Local Government Act) . . . . . . . . 11
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 12
MINOR AMENDMENTS OF STATE HOUSING ACT 1945
2002
A BILL
FOR
An Act to amend the State Housing Act 1945, the Local Government
Act 1993 and the City of Brisbane Act 1924
s1 4 s4
State Housing and Other Acts Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the State Housing and Other Acts Amendment 4
Act 2002. 5
2 Commencement
Clause 6
(1) The following provisions of this Act commence on 1 July 2002-- 7
· section 4 8
· section 9, so far as it inserts new section 50 9
· part 3 10
· part 4. 11
(2) Sections 6 to 8 commence on assent or on the day the Residential 12
Services (Accreditation) Act 2002, part 2, commences, whichever is later. 13
(3) The remaining provisions of this Act commence on assent. 14
PART 2--AMENDMENT OF STATE HOUSING ACT 1945 15
3 Act amended in pt 2 and schedule
Clause 16
This part and the schedule amend the State Housing Act 1945. 17
4 Amendment of s 19 (Exemption from rating)
Clause 18
Section 19-- 19
insert-- 20
`(2) Subsection (1) does not apply to-- 21
s5 5 s6
State Housing and Other Acts Amendment Bill 2002
(a) land that is the subject of a section 24 contract; or 1
(b) land in which a person has a share that the person bought under a 2
section 24 contract.1 3
`(3) In this section-- 4
"section 24 contract" means a contract of sale entered into under 5
section 24 under which-- 6
(a) the purchasing price, other than any deposit, is payable in 2 or 7
more instalments; or 8
(b) the sale is of a share in a house and land.'. 9
5 Amendment of s 22B (Provision of land for industry, trade or
Clause 10
business) 11
(1) Section 22B(2B), all words before paragraph (a)-- 12
omit, insert-- 13
`(2B) The Land Act applies, with all necessary changes, to a lease under 14
subsection (2), except that--'. 15
(2) Section 22B-- 16
insert-- 17
`(2C) For subsection (2B), the Land Act applies to a lease under 18
subsection (2) as if a reference in that Act to the Minister were a reference 19
to the Minister administering this Act.'. 20
6 Insertion of new pt 6D
Clause 21
After part 6C-- 22
insert-- 23
1 See section 50 (Transitional provision for State Housing and Other Acts Amendment
Act 2002)
s6 6 s6
State Housing and Other Acts Amendment Bill 2002
`PART 6D--ADVANCES TO ENABLE CONDUCT OF 1
RESIDENTIAL SERVICES 2
`29S Definitions for pt 6D 3
In this part-- 4
"accreditation Act" means the Residential Services (Accreditation) Act 5
2002. 6
"residential service" see the accreditation Act, section 4. 7
`29T Loan to meet building costs 8
`(1) The commission may make a loan to a person under this part to help 9
the person meet the costs of building work carried out, or proposed to be 10
carried out, on premises if the commission is satisfied-- 11
(a) a residential service was being conducted in the premises 12
immediately before the commencement of the accreditation Act, 13
part 2;2 and 14
(b) the purpose of the building work was or is to enable a residential 15
service to be conducted in the premises under the accreditation 16
Act. 17
18
Examples for paragraph (b)--
19
1. Building work carried out to meet a requirement for obtaining
20
registration of the residential service under the accreditation Act.
21
2. Building work carried out to comply with a condition of accreditation
22
of the residential service under the accreditation Act.
`(2) The loan is to be made on the terms agreed between the commission 23
and the person. 24
`(3) Without limiting subsection (2), a term of the loan may provide for 25
the loan to become immediately repayable if the premises do not become, 26
or stop being, registered under the accreditation Act as premises in which a 27
residential service is conducted. 28
2 Accreditation Act, part 2 (Registration)
s7 7 s9
State Housing and Other Acts Amendment Bill 2002
`29U Non-application of schedule 1
`The schedule does not apply to a loan under this part.'. 2
7 Amendment of s 30 (Advances to be secured by mortgage)
Clause 3
Section 30-- 4
insert-- 5
`(4) This section does not apply to an advance under part 6D.'. 6
8 Amendment of s 32AB (Interest rates for certain advances and
Clause 7
contracts of sale) 8
Section 32AB-- 9
insert-- 10
`(6) Subsection (4) does not apply to an advance under part 6D.'. 11
9 Insertion of new ss 49 and 50
Clause 12
After section 48-- 13
insert-- 14
`49 Validation 15
`(1) This section applies to anything done or purported to have been 16
done under a Land Act by the Minister administering this Act, during the 17
validation period, in relation to a lease under section 22B(2). 18
`(2) If the thing would have been validly done if it had been done by the 19
Minister administering the Land Act, the thing is and was as valid as if it 20
had been done by that Minister. 21
`(3) In this section-- 22
"Land Act" means the Land Act 1994, repealed Land Act 1962 or repealed 23
Land Act 1910, or an Act amending any of those Acts. 24
"validation period" means the period starting on the day that section 22B 25
commenced and ending immediately before the day that the State 26
Housing and Other Acts Amendment Act 2002, section 5, commences. 27
s 10 8 s 11
State Housing and Other Acts Amendment Bill 2002
`50 Transitional provision for State Housing and Other Acts 1
Amendment Act 2002 2
`(1) A reference in section 19 to a section 24 contract includes a 3
section 24 contract entered into before the commencement day. 4
`(2) However, to remove doubt, it is declared that existing excluded land 5
does not, because of section 19(2), become rateable land for any time 6
before the commencement day. 7
`(3) In this section-- 8
"commencement day" means the day that section 19(2) commences. 9
"existing excluded land" means-- 10
(a) land that is the subject of a section 24 contract entered into 11
before the commencement day; or 12
(b) land in which, on the commencement day, a person has a share 13
that the person bought under a section 24 contract. 14
"rateable land" means rateable land under the Local Government Act 15
1993 or the City of Brisbane Act 1924.'. 16
PART 3--AMENDMENT OF LOCAL GOVERNMENT 17
ACT 1993 18
10 Act amended in pt 3
Clause 19
This part amends the Local Government Act 1993. 20
11 Amendment of s 4 (Meaning of "owner" of land)
Clause 21
Section 4(1)-- 22
insert-- 23
`(ba)a purchaser of land under a housing Act s 24 contract; or 24
(bb) a person who has a share in land that the person bought under a 25
housing Act s 24 contract; or'. 26
s 12 9 s 14
State Housing and Other Acts Amendment Bill 2002
12 Amendment of s 9 (Act applies only so far as expressly provided)
Clause 1
Section 9(2), last dot point, `and part 5'-- 2
omit, insert-- 3
`, part 5 and part 7'. 4
13 Insertion of new s 1057A
Clause 5
After section 1057-- 6
insert-- 7
`1057A Priority of Queensland Housing Commission preserved 8
`(1) This section applies if-- 9
(a) a local government intends to deal with land under this part; and 10
(b) the land is the subject of a housing Act s 24 contract or a person 11
has a share in the land that the person bought under a housing Act 12
s 24 contract. 13
`(2) The local government must give to the commission written notice of 14
its intention to deal with the land before dealing with the land. 15
`(3) The local government may sell or acquire the land only on the 16
conditions agreed with the commission about paying to the commission an 17
agreed amount on account of-- 18
(a) the commission's interest in the land; and 19
(b) if the land is the subject of a housing Act s 24 contract--amounts 20
owing to the commission under the contract. 21
`(4) In this section-- 22
"commission" means the Queensland Housing Commission.'. 23
14 Insertion of new ch 19, pt 7
Clause 24
After section 1268-- 25
insert-- 26
s 15 10 s 15
State Housing and Other Acts Amendment Bill 2002
`PART 7--TRANSITIONAL PROVISION FOR STATE 1
HOUSING AND OTHER ACTS AMENDMENT ACT 2002 2
`1269 Application to Brisbane City Council 3
`This part applies to the Brisbane City Council. 4
`1270 Sale of land for overdue rates 5
`(1) This section applies to rateable land that, on the commencement 6
day-- 7
(a) is the subject of a housing Act s 24 contract; or 8
(b) is land in which a person has a share that the person bought under 9
a housing Act s 24 contract. 10
`(2) A reference in section 1039 to an overdue rate does not include an 11
overdue rate that was levied on the land before the commencement day. 12
`(3) In this section-- 13
"commencement day" means the day that the State Housing and Other 14
Acts Amendment Act 2002, part 3, commences.'. 15
15 Amendment of schedule (Dictionary)
Clause 16
Schedule-- 17
insert-- 18
` "housing Act s 24 contract" means a contract of sale entered into under 19
the State Housing Act 1945, section 24,3 under which-- 20
(a) the purchasing price, other than any deposit, is payable in 2 or 21
more instalments; or 22
(b) the sale is of a share in a house and land.'. 23
3 State Housing Act 1945, section 24 (Power to commission to sell houses to eligible
persons)
s 16 11 s 17
State Housing and Other Acts Amendment Bill 2002
PART 4--AMENDMENT OF CITY OF BRISBANE ACT 1
1924 2
16 Act amended in pt 4
Clause 3
This part amends the City of Brisbane Act 1924. 4
17 Amendment of s 3A (Application of the Local Government Act)
Clause 5
Section 3A(2), last dot point, `and part 5'-- 6
omit, insert-- 7
`, part 5 and part 7'. 8
12
State Housing and Other Acts Amendment Bill 2002
SCHEDULE 1
MINOR AMENDMENTS OF STATE HOUSING ACT 1945 2
section 3 3
1 Section 11(6), `and every local body within the meaning of the 4
Local Bodies' Loans Guarantee Act 1923'-- 5
omit. 6
2 Section 11(6), `, or local body'-- 7
omit. 8
3 Section 25B(1)(d), `subsection (1A)'-- 9
omit, insert-- 10
`subsection (1AB)'. 11
© State of Queensland 2002
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