HOUSING IMPROVEMENT ACT 1940

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 4 Interpretation

PART 2--Administration and financial provisions

• 5 Administration of Act
• 6 Delegation
• 11B Report to Minister
• 11C Duty to furnish papers etc
• 12 Accounts
• 13 Audit
• 14 Triennial investigation
• 15 Annual report
• 16 General powers of the housing authority
• 16A Additional powers of housing authority
• 16B Power to buy land
• 17 Exemption of gifts from succession duty
• 18 Housing Improvement Fund
• 19 Power of Treasurer to make loans to housing authority
• 20 Power of bodies corporate to make grants or loans for housing purposes
• 21 Power of Treasurer to borrow
• 21A Power of Treasurer to lend £100 000
• 22 Power of housing authority to carry out conditions of gift

PART 3--Improvement of sub-standard housing conditions

• 23 Power to declare houses unfit for habitation
• 24 Appeal
• 25 Power of housing authority
• 27 Advances to owners
• 28 Advance to be a charge on land
• 29 Power to take further security
• 30 Recovery of moneys owing by owner by attachment of rent payable by occupier
• 31 Provision as to owners who are trustees
• 32 Power to acquire lands

PART 4--Clearance of areas

• 33 Power to declare clearance area
• 34 Acquisition of land in clearance area
• 35 Powers of housing authority as to demolition
• 36 Powers of housing authority as to clearance area
• 37 Streets opened by housing authority
• 38 Notice to vacate buildings in reclamation area
• 39 Closing streets and extinguishing easements and covenants
• 40 Effect of closing street
• 41 Cancellation of existing grant etc when land is under Real Property Act
• 42 Construction of this Part

PART 5--Provision of housing for persons of limited means

• 43 Construction of houses
• 44 Letting of houses
• 44A Letting of houses to widows of members of the armed forces
• 45 Power to sell houses
• 46 Rentals
• 47 Regulations as to houses

PART 6--Assistance to housing corporations

• 48 Power to transfer or lease land to body corporate

PART 7--Control of rentals of sub-standard houses

• 49 Application of Part
• 50 Interpretation
• 51 Classification of houses
• 52 Application of rent control to houses
• 53 Appeal from declaration of housing authority
• 54 Classification and fixing of maximum rentals of sub-standard houses
• 55 Alteration of rent or classification
• 56 Rentals payable for classified house
• 56A Penalty for demanding rent in excess of that fixed
• 56B Record of rents
• 56C Duty to give receipt for rent
• 56D Interference with use or enjoyment of premises
• 57 Subletting of classified house
• 58 Rentals of furnished houses
• 58A Notice of rent etc to be displayed in certain cases
• 59 Penalty for making sale of furniture a condition of letting
• 60 Provision of certain information by housing authority
• 60A Notices to quit void in certain cases
• 61 Orders for possession
• 61A Duty of vendor to disclose to purchaser if house substandard
• 61B Offence in connection with sale of substandard house

PART 8--Miscellaneous

• 63 Acquisition of land for purposes of Act
• 64 Basis of compensation
• 65 Allowance to certain displaced occupiers
• 66 Co-operation with departments and councils
• 67 Powers of entry and inspection
• 68 Obstruction etc of officers etc
• 69 Offences by occupiers and others
• 70 Power to occupier or registered mortgagee to do matters ordered to be done by owner
• 70A House declared or which may be declared, substandard--Owner may not require occupier to do certain works etc
• 71 Dispossession of occupiers failing to vacate premises when required to do so
• 72 Procedure at hearing and execution of warrant
• 73 General penalty
• 74 Service of notices and orders etc
• 75 Proof of notices, orders or documents
• 76 Continued operation of orders and notices
• 77 References to "owner or "occupier"
• 78 Appearance of housing authority in legal proceedings
• 79 Protection of housing authority and members and officers from personal liability
• 80 Notice of action
• 81 Power to housing authority to authorise proceedings
• 82 Simplification of proof in certain cases
• 83 Documents signed by chairman, deputy chairman, or secretary to be evidence
• 84 Proof of ownership
• 84A Arrangements to evade Act
• 85 Regulations as to standard of houses
• 86 General power to make regulations
• 87 Provision as to regulations
• 89 Proceedings
• 89A Limitation of time for bringing proceedings
• 90 Construction of Act
Schedule 1--Form of complaint against occupier failing to vacate Schedule 2--Form of summons to occupier failing to vacate Schedule 3--Form of warrant to dispossess unauthorised occupier Legislative history The Parliament of South Australia enacts as follows: