Queensland Bills Explanatory Notes

[Index] [Search] [Download] [Bill] [Help]

HOUSING LEGISLATION AMENDMENT BILL 2005

                                        1
                    Housing Legislation Amendment Bill 2005


Housing Legislation Amendment Bill 2005

Explanatory Notes for Amendment to be moved
during consideration in detail by The
Honourable Robert Schwarten MP

Title of the Bill
Housing Legislation Amendment Bill 2005.

Objective of the Amendment
The objective of the amendment is to amend clauses 14 and 16 of the Bill
in response to the report on the Bill by the Scrutiny of Legislation
Committee in the Committee's Alert Digest No 10 of 2005. The
Committee recommended that clause 14 of the Bill, which inserts a new
section 5C in the Housing (Freeholding of Land) Act 1957, be amended to
provide a cut-off date at which the provisions of Division 3 of the Housing
(Freeholding of Land) Act 1957 would automatically commence. As
section 5C is currently drafted the automatic conversion of residential
leases to freehold land will commence when prescribed by regulation,
which must not be earlier than 1 July 2009.
It is proposed to amend section 5C (inserted by clause 14 of the Bill) to
provide that the automatic freeholding provisions of Division 3 of the
Housing (Freeholding of Land) Act 1957 will commence on 1 July 2009.

Consistency with Fundamental Legislative Principles
The amendments to the Bill are consistent with the fundamental legislative
principles as outlined in section 4 of the Legislative Standards Act 1992.
 
 
                                     2
                 Housing Legislation Amendment Bill 2005


Notes on Provisions

Amendment of clause 14
Clause 14 is amended by deleting the provision in section 5C that the date
of commencement of division 3 ­ automatic conversion of residential
leases to freehold land ­ (the application day) is a date not before 1 July
2009 prescribed under a regulation and inserting a provision that the
application day is 1 July 2009.

Amendment of clause 16
Clause 16 is amended as a consequence of the amendment to clause 14 by
changing the reference to "section 5C(1)" to "section 5C".


                           © State of Queensland 2005

[Index] [Search] [Download] [Bill] [Help]