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1
Housing and Other Acts Amendment Bill 2005
Laid before the Legislative Assembly on 7 April 2005
Votes and Proceedings No. 50 (19 April 2005)
Housing and Other Acts Amendment Bill 2005
Erratum to Explanatory Notes
Title of the Bill
Housing and Other Acts Amendment Bill 2005
Reason for Erratum
Additional information is required in the Explanatory Notes accompanying
the Housing and Other Acts Amendment Bill 2005 tabled in Parliament on
8 March 2005.
Additional information is required within the General Outline and clause
11 to explain fully the scope of the amendments to the Housing
(Freeholding of Land) Act 1957.
Notes on Provisions
General Outline under the heading Reasons for the objectives and how
they will be achieved
Omit --
"
· validating concessions provided for conversions of perpetual
leases to freehold made from 1 January 2004, when the Housing
Act commenced, and restoring the power to provide such
concessions;"
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Housing and Other Acts Amendment Bill 2005
Insert--
"
· reinstating the right of holders of perpetual town leases to apply
to have their leases deemed freeholding leases, restoring the
power to provide concessions on the freehold price for residential
perpetual town leases and validating applications received and
concessions provided for conversions to freehold undertaken
from 1 January 2004, when the Housing Act commenced;"
General Outline under the heading Consistency with Fundamental
Legislative Principles
Omit --
"Concessions to the conversion of perpetual leases to freehold
Holders of perpetual leases can apply to convert their leasehold interest to
freehold, upon payment of the freehold value of the land. Under the State
Housing (Freeholding of Land) Act 1957, lessees were entitled to receive a
concession on the freehold price based on rental payments by the lessee. In
the consequential amendments made by the Housing Act to the State
Housing (Freeholding of Land) Act 1957, the chief executive power to
provide these concessions was inadvertently removed.
The Bill will empower the chief executive to offer concessions to reduce
the cost of freeholding to holders of residential perpetual leases, on
conversion of their interest to freehold and provide the legislative basis for
any concessions provided for conversions to freehold undertaken from
1 January 2004, when the Housing Act commenced.
The retrospective nature of the amendment can be justified as it clearly
provides benefits to clients and will not impact negatively on the rights and
liberties of individuals."
Insert--
"Conversion of perpetual leases to freehold
Holders of perpetual leases can apply to have their lease deemed a
freeholding lease upon payment of the unimproved value of the land.
Under the State Housing (Freeholding of Land) Act 1957, holders of
perpetual town leases had the right to apply to have their lease deemed a
freeholding lease and, in the case of residential perpetual town lessees, to
receive a concession on the freehold price based on rental payments by the
lessee. In the consequential amendments made by the Housing Act to the
State Housing (Freeholding of Land) Act 1957, the rights of holders of
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Housing and Other Acts Amendment Bill 2005
perpetual town leases to apply to convert their lease to freehold and the
chief executive's power to provide concessions to residential perpetual
town leaseholders was inadvertently removed.
Consequently, the Housing and Other Acts Amendment Bill 2005 will:
· reinstate the right of holders of perpetual town leases to apply to
have their lease deemed a freeholding lease;
· restore the power to provide concessions on the freehold price for
residential perpetual town leases; and
· validate applications received and determined, and concessions
provided for conversions to freehold from 1 January 2004, when
the Housing Act commenced.
The retrospective nature of the amendment can be justified as it clearly
provides benefits to clients and will not impact negatively on the rights and
liberties of individuals."
Amendment of sch 2 (Amendments of Act)
Omit--
"Clause 11 provides for the removal of schedule 2, provisions for the State
Housing (Freeholding of Land) Act 1957, sections 531. These are
replaced with provisions which:
· give the chief executive power to offer concessions to reduce the
cost of freeholding, to holders of residential perpetual leases, on
conversion of their interest to freehold; and
· provide the legislative basis for any concessions provided for
conversions to freehold undertaken from 1 January 2004, when
the Housing Act commenced."
Insert--
"Clause 11 provides for the omission of provisions in schedule 2 to the
Housing Act which amended the State Housing (Freeholding of Land) Act
1957. Paragraphs 531 of these amendments are omitted and replaced with
paragraphs 533. These provisions:
· replace references to the repealed State Housing Act 1945 with
references to the Housing Act 2003 and replace references to the
Queensland Housing Commission with references to the chief
executive;
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Housing and Other Acts Amendment Bill 2005
· clarify that the Land Act 1994 applies to a freeholding lease
issued under the State Housing (Freeholding of Land) Act 1957;
· reinstate the right of holders of perpetual town leases to apply to
have their leases deemed freeholding leases; and
· restore the chief executive's power to provide concessions on the
freehold price for residential perpetual town leases."
© State of Queensland 2005