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Homes Act 1935
An Act relating to the provision of housing assistance to, and improving the housing conditions of, persons in this State and the undertaking of activities that are consistent with the achievement of those purposes
[Royal Assent 31 January 1936]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
This Act may be cited as the Homes Act 1935 .. . . . . . . .
(1) In this Act, unless the contrary intention appears –advance means an advance under this Act;applicant means an applicant for an advance or for the sale and transfer of a dwelling-house under section seventeen A ;borrower means a person who has obtained an advance;building works includes the construction, structural alteration, repair, demolition, or maintenance (including the re-pointing, re-decoration, and external cleaning) of a building or structure, and the preparation for, and laying of, the foundations of a proposed building or structure;capital cost, used in relation to a dwelling-house, includes such sum as the Director may determine to cover the cost, if any, of survey and subdivision, and the development, of the land on which the dwelling-house is erected (including the construction of streets) and any other costs incidental to the acquisition, subdivision, and development of the land and the erection of the dwelling-house, together with interest on all expenditure in connection with the land and dwelling-house up to the time of the completion of the dwelling-house;contract of sale means a contract for the sale by the Director of a dwelling-house and land;Director means the Director of Housing appointed pursuant to this Act;dwelling-house includes the house and its appurtenances, necessary outbuildings, fences, and permanent provision for lighting, water-supply drainage, and sewerage, but does not include any land;eligible person means a person who satisfies the Director that he is in need of housing assistance under this Act;holding means land of which an applicant or borrower is the beneficial owner in fee simple in possession;plant includes any machine, tool, appliance, equipment, or building materials used, or designed for use, in or in connection with the carrying out of building works;purchaser means a person who has purchased from the Director land or a dwelling-house and land;Register has the same meaning as it has in the Land Titles Act 1980 .(2) Where by this Act any remedy is given to the Director, against or with respect to any land, the expression "land" shall include not only the land but also all improvements thereon.
PART II - Administration: Funds
(1) In the exercise of his or her functions under this Act the Director shall be subject to the directions of the Minister.(2) . . . . . . . .
5. Property to be held on behalf of the Crown
All land, money, and other property acquired, vested in, or held by the Director by or under, or for the purposes of, this Act, shall be held by the Director for and on behalf of the Crown.
The purposes of this Act include the development or use of, or dealing in, any land (whether or not that land has been granted to or acquired by the Director) in such manner as the Minister is satisfied is consistent with the provision of dwelling-houses and services complementary to the provision of those dwelling-houses.. . . . . . . .
(1) The Governor may appoint a State Service officer or State Service employee to be Director of Housing and that officer or employee is to hold that office in conjunction with State Service employment.(2) . . . . . . . .(3) For the purpose of acquiring, holding, disposing of, and otherwise dealing with, land under this Act, the Director shall be a corporation sole by the name of the Director of Housing, and by that name shall have perpetual succession and a seal of office.(3A) In addition to any other powers conferred under this Act, the Director may –(a) subject to the approval of the Minister, make grants and allocate funds for housing purposes to local authorities, eligible persons, and community groups;(b) subject to the approval of the Minister, undertake and participate in joint ventures with private developers and public authorities within the meaning of section 15A (3) ;(c) undertake, or cause to be undertaken, housing research and policy development; and(d) do all such acts and things as may be required or necessary or appropriate for exercising the powers given to the Director under this or any other Act.(4) All courts, judges, and persons acting judicially shall take judicial notice of the official seal of the Director that has been affixed to a document and shall, unless the contrary is proved, presume that the seal was properly affixed.(5) . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .(1) The Director may, by instrument in writing, delegate to a person who is specified in the instrument the performance or exercise of such of his functions and powers under this Act or any other Act (other than this power of delegation and the power to borrow money) as are specified in the instrument, and may, by instrument in writing, revoke wholly or in part any such delegation.(2) A function or power, the performance or exercise of which has been delegated under this section, may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation.(3) A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument.(4) Notwithstanding any delegation under this section, the Director may continue to perform or exercise all or any of the functions or powers delegated.(5) Any act or thing done by or to a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done by or to the Director and shall be deemed to have been done by or to the Director.(6) An instrument purporting to be signed by a delegate of the Director in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Director under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Director under this section.
7B. Interest in respect of borrowed moneys to be paid to the Treasurer by the Director
(1) The Director shall pay to the Treasurer interest at a rate to be determined by the Treasurer for each financial year in respect of the moneys borrowed by the Treasurer and applied in accordance with this Act for the purposes of the Director, or on such part of those moneys as has not been repaid to the Treasurer.(2) The interest to be paid by the Director under this section shall be paid quarterly on the last days of September, December, March, and June in each financial year.
7C. Accounts to be kept by the Director
In addition to any other accounts that the Director is required by this Act to keep, the Director shall keep such accounts, in such form, and containing such particulars, as the Treasurer may direct.
7D. Duty of Director to furnish information, &c., to Treasurer
The Director shall, as and when required by the Treasurer, furnish to the Treasurer such information, and produce to the Treasurer for examination such books, accounts, vouchers, and records, relating to the receipt and expenditure of moneys by the Director under or for the purposes of this Act, as the Treasurer may require.
(1) The Treasurer may lend to the Director, out of money provided by Parliament for the purpose, such money as the Treasurer considers appropriate for the performance of the functions and exercise of the powers of the Director under this Act and any such loan is subject to any conditions determined by the Treasurer.(2) An amount lent under subsection (1) and any interest payable in respect of the loan is a debt repayable by the Director to the Consolidated Fund.
8A. Borrowing from person other than Treasurer
(1) The Director may borrow money with the approval of the Treasurer from a person other than the Treasurer for the purposes of performing the functions and exercising the powers of the Director under this Act.(2) The total of all amounts of money borrowed under this section during a financial year is not to exceed the maximum amount determined by the Treasurer, in writing, in respect of that financial year.(3) The Director may use all or part of his or her assets as security for money borrowed under subsection (1) and any interest or charges payable in respect of that borrowing.(4) If requested to do so by the Director, the Treasurer may guarantee the payment or repayment to a person from whom the Director borrows money under subsection (1) of any or all of the following:(a) the amount borrowed;(b) any interest payable in respect of the amount borrowed;(c) any charges relating to the borrowing;(d) any expenses of that person incurred in relation to the borrowing and which are payable by the Director.(5) A guarantee is subject to any conditions determined by the Treasurer.(6) A payment or repayment which is required under a guarantee is payable from money provided by Parliament for the purpose.(7) If the Treasurer makes any payment or repayment under a guarantee, an amount equal to the amount so paid or repaid and any interest payable by the Director in accordance with the conditions to which the guarantee is subject is a debt repayable by the Director into the Consolidated Fund on the conditions and in the manner determined by the Treasurer.
(1) In this section, financial arrangement means –(a) an interest rate swap; or(b) a forward interest rate agreement; or(c) a futures contract or futures option, within the meaning of the Corporations Act, relating to an interest rate or a foreign currency; or(d) an option in respect of an existing financial security or a security which the Director has authority to create; or(e) any other transaction or arrangement that has been approved by the Treasurer in writing for the purposes of this section.(2) The Director may enter into and perform a financial arrangement in accordance with any guidelines in force under subsection (3) .(3) The Treasurer may issue guidelines relating to financial arrangements or the exercise of the power of the Director to enter into and perform financial arrangements.
. . . . . . . .(1) The due repayment of money borrowed for the purposes of this Act by the Tasmanian Development Authority before the commencement of the Homes (Sale of Mortgages) Act 1993 , and the payment of interest payable in respect of that money, are a charge on the revenue of the Authority from whatever source arising, and are, by virtue of this section, guaranteed by the State.(2) The provisions of section 25 of the Tasmanian Development Act 1983 apply to and in relation to a guarantee in force under subsection (1) .(3) Any liability of the State arising under subsection (1) or (2) shall be payable out of the Consolidated Fund, and the amount of any such liability is, to the extent necessary, by virtue of this subsection, appropriated accordingly.
PART III - Acquisition of Land and Erection of Dwelling-Houses. . . . . . . . . . . . . . . .
11. Power of Director to acquire land
(1) The Director may acquire any land, including land containing buildings or other improvements, that is required for the purposes of this Act.(2) Where the Director acquires any land under this Act he may purchase or otherwise acquire any chattels on, or used in connection with, the land, and may use or dispose of any chattels so acquired in such manner as he thinks fit.(3) The Land Acquisition Act 1993 applies in relation to the acquisition of land, and the land acquired, by the Director under subsection (1) .
11A. Purchase of easements, &c.
The Director may, for the purposes of this Act –which is usual and proper for the enjoyment of any land vested in him.(a) purchase any easement; and(b) obtain any covenant or licence touching and concerning other land –
(1) The Director may cause a plan of subdivision to be made of any Crown land set apart for the purposes of this Act or of any land acquired by agreement for the purposes of this Act, showing the proposed roads and reserves and the land set apart as sites for dwelling-houses.(2) The Director may cause any work to be done on such land for the purpose of rendering it fit for the use to which it may be put under this Act.(3) The Director, with the consent of the Minister, may dedicate reserves for public recreation or for other public purposes, and fence, plant, and improve such reserves.
(1) The Director may grant any easement or licence over any land vested in him which will not be inconsistent with the use of the land for the purposes of this Act.(2) The Director may covenant touching and concerning any lands vested in him with the owners of adjoining lands, or with purchasers, for the purpose of securing the better enjoyment for dwelling-houses of the lands vested in the Director.(3) The Director, with the consent of the Minister, may, except as otherwise provided in this Act, do all such acts in relation to any land vested in him as a prudent owner of a building estate or subdivision would do, which are not inconsistent with the purposes of this Act.
13. Sale of dwelling-houses before the cost of subdivision is determined
(1) Where a dwelling-house is erected on a lot in a subdivision, that dwelling-house, together with the lot on which it is erected, may be sold to an eligible person, notwithstanding that the cost of subdivision has not been finally determined.(2) For the purposes of this section, the purchase-price of a dwelling-house, together with the lot on which it is erected, shall be such sum as the Director certifies to be the best estimate of the capital cost thereof that can be made at the time of sale and that, in his opinion, should be sufficient to ensure that the sale does not result in a capital loss.
14. Power of Director to erect dwelling-houses
On any Crown land set apart under section 12 of the Crown Lands Act 1976 or acquired for the purposes of this Act, or on the holding of an eligible person, the Director may erect dwelling-houses or may cause dwelling-houses to be erected, or may convert any buildings into dwelling-houses; and may alter, enlarge, repair, and improve such dwelling-houses.
14A. Development of land for ancillary purposes
(1) Where any land has become available or has been acquired for the purposes of this Act, the Director may take such steps as he considers necessary or desirable to promote or ensure the development or use of, or dealing in, the land in such a manner or for such a purpose as is referred to in section 6 .(2) The powers of the Director under this section in relation to any land include powers –(a) to erect, construct, alter, maintain, or use any buildings or works on the land;(b) to develop, lay out, maintain, or use the land for any purpose; and(c) to sell or lease, or enter into any other transactions in respect of, the land or any buildings or works thereon.(3) . . . . . . . .
14B. Power of Director, &c., to enter on lands of the Board
The Director, and any employee employed in the Department, and any other person authorized in that behalf by the Director, may at any time enter upon any Crown land set apart under section 12 of the Crown Lands Act 1976 or land acquired for the purposes of this Act under or for the purposes of this Act, with such servants, workmen, assistants, vehicles, plant, and animals as he may think necessary and may, on that land, erect dwelling-houses and carry out any works that are required for the purposes of, or are incidental to, the subdivision and development of that land (including the construction of streets) and the erection of dwelling-houses thereon.
15. Power of Director to make advances to municipal councils in certain cases
(1) If, with respect to any land set apart or acquired under this Part, it appears to the Director to be necessary, for the purpose of rendering such land fit for the use to which it may be put under this Act, that –the Director, with the approval of the Treasurer, may make an advance to the council to enable the council to carry out such work.(a) any work shall be carried out by a council; and(b) the council has not sufficient funds available for carrying out such work –(2) Every advance under this section shall be repayable on such terms, and subject to such conditions, as may be agreed upon between the Director and the council.(3) The Director, if he thinks fit, may dispense with the execution of any mortgage or other security in respect of any advance under this section.
15A. Power of Director to provide dwelling-houses for employees of public authorities and persons carrying on industrial undertakings
(1) Where the Director is satisfied that –permanently requires dwelling-houses for its or his employees, the Director, may, with the consent of the Minister, erect dwelling-houses and, notwithstanding anything in Part IV , sell or let them to that public authority or person upon such terms and conditions as the Minister may approve.(a) a public authority; or(b) a person who is carrying on or about to carry on an industrial undertaking –(2) For the purposes of this section, the provisions of sections ten to fifteen have effect as if for any reference therein to an eligible person there were substituted a reference to a public authority or person carrying on or about to carry on an industrial undertaking, and the powers conferred on the Director by those provisions may be exercised accordingly.(3) In this section, public authority means –(a) a person or body of persons, whether incorporated or unincorporated, appointed or constituted by or under any Act or Commonwealth Act, or appointed in the exercise of the prerogative rights of the Crown, to administer or control any department, business, or undertaking on behalf of the State or of the Commonwealth;(b) a statutory authority appointed or constituted under any Act or Commonwealth Act to carry on any public industrial undertaking; and(c) a council and any marine board or harbour trust.
PART IV - Disposal of Dwelling-Houses
15B. Interpretation of Part IV
In this Part, unless the contrary intention appears –adjustment rate, in relation to a year, means, subject to section 17AA (2) , the rate calculated in accordance with section 17AA for that year;costs of administration means the costs referred to in section 17(5)(b)(v) ;dwelling-house means a dwelling-house acquired or erected under Part III and includes its appurtenances, outbuildings, fences, lighting, water supply, drainage, and sewerage and the land on which it is erected;March quarter, in relation to a year, means January, February, and March of that year;year, for the purposes of calculating the adjustment rate for a year, means –(a) the period of 12 months commencing on 1 July 2004; or(b) a subsequent period of 12 months commencing on 1 July.
16. Letting of dwelling-houses
(1) Subject to this section, the Director may let any dwelling-house on such terms and conditions as he sees fit.(2) The Director shall exercise his powers under this section in such a manner as to ensure that, as far as practicable, the rents received under this section are sufficient to cover –(a) the cost of the amortization of, and the interest on, the capital cost of the dwelling-houses let under this section; and(b) the rates and taxes payable on, the cost of the insurance and maintenance of, and the other outgoings payable in respect of, those dwelling-houses.
(1) Subject to this Act, the Director may sell to any eligible person a dwelling-house or a share of or interest in a dwelling-house if such person or his spouse, if any, is not the owner of a dwelling-house within this State.(1AA) For the purposes of subsection (1) , a spouse includes the person with whom a person is in a significant relationship, within the meaning of the Relationships Act 2003 .(1A) A person who desires to purchase a dwelling-house or a share of or interest in a dwelling-house shall make application in that behalf, as prescribed, to the Director.(1B) On receipt of an application under subsection (1A) of this section, the Director, if he is satisfied that it is proper that the application be granted, may enter into a contract for the sale to the applicant, or to the applicant and any other eligible person stipulated by the applicant, in accordance with the provisions of this Part, of the dwelling-house or share of or interest in the dwelling-house.(1C) . . . . . . . .(2) The sale may be at such price and upon such terms and conditions as may be determined by the Director.(3) . . . . . . . .(4) If the Director so determines, a dwelling-house or a share of or interest in a dwelling-house may be sold under this section to an eligible person without a deposit.(5) The purchaser of a dwelling-house may occupy as a tenant the dwelling-house –(a) on such terms and conditions as the Director may determine; and(b) at a rental determined by the Director which is sufficient to cover –(i) interest at a rate to be determined by the Director (not exceeding the maximum annual rate of interest in respect of purchasers fixed by the Treasurer under section 28 ) on the capital cost of the dwelling-house less any deposit paid;(ii) insurance and rates;(iii) any repairs effected by or on behalf of the Director pursuant to section 30 (2) (b) ;(iv) a sum, to be determined by the Director, in reduction of the purchase-money; and(v) subject to subsections (5B) , (5C) and (5D) , the costs of administration.(5A) For the year commencing on 1 July 2004 (in this section referred to as "the new base year"), the costs of administration are to be $156.00.(5AB) After the new base year, the costs of administration are to be adjusted annually in accordance with this Part.(5AC) Despite subsection (5AB) , the Minister may determine that the costs of administration for any year after the new base year are to be the same as the costs of administration for the immediately preceding year.(5AD) A determination under subsection (5AC) is of no effect unless the Director is given written notice of it before the beginning of the year to which the determination applies.(5B) A purchaser under this section who claims that the imposition of a charge for costs of administration, or an increase in that charge, will cause him hardship shall–(a) notify the Director of his claim; and(b) provide the Director with a statutory declaration of the incomes of the residents of the dwelling-house that he is purchasing under this section.(5C) Where the Director is satisfied, on the basis of a claim under subsection (5B) , that hardship would be caused to a purchaser, the Director shall, subject to subsection (5D) , grant an exemption from the payment of the charge or increase to which the claim relates, so that the total rental payable in respect of the dwelling-house is –whichever is the higher.(a) not more than 25 per cent of the combined incomes of the residents; or(b) the rental payable immediately before the charge was imposed or increased –(5D) An exemption granted pursuant to subsection (5C) may be total or partial.(6) Subject to this section, if the purchaser has complied to the satisfaction of the Director with the conditions contained in the contract of sale the Director, upon payment by the purchaser to the Director of all moneys owing to the Director under the contract of sale, may transfer a dwelling-house or a share of or interest in a dwelling-house to the purchaser.(6A) . . . . . . . .(6B) . . . . . . . .(6C) . . . . . . . .(6CA) . . . . . . . .(6D) . . . . . . . .(7) For the purposes of this section, the amount standing to the credit of the purchaser by way of deposits paid in pursuance of section 29(2) , and of interest accumulated thereon, shall be deemed to be money paid in reduction of the purchase-money.(7A) . . . . . . . .(7B) . . . . . . . .(7C) . . . . . . . .(7D) . . . . . . . .(8) Subject to this Act, the cost and expenses of any transfer or mortgage executed in pursuance of this section shall be borne by the purchaser.
17AA. Calculation of adjustment rate
(1) For the purposes of the definition of adjustment rate in section 15B , the rate for a year shall be the ratio between the Consumer Price Index: All Groups Index for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth for the March quarter of that year and the Consumer Price Index: All Groups Index for Hobart for the March quarter of the previous year.(2) Where the rate for a year calculated in accordance with this section is 1 there shall be deemed to be no adjustment rate for that year.(3) Where pursuant to subsection (2) there is deemed to be no adjustment rate for a year, then, for the purposes of calculating the adjustment rate for the next year, the Consumer Price Index: All Groups Index for Hobart for the March quarter of the last year for which there was an adjustment rate shall be deemed also to be the Consumer Price Index: All Groups Index for Hobart for the March quarter of the first-mentioned year.(4) If at any time, whether before or after the commencement of this section, the Australian Statistician has published for the March quarter of a year an index in substitution for the Consumer Price Index: All Groups Index for Hobart for the March quarter previously published by him in respect of that year –for the purposes of this section.(a) if the Minister so directs, regard shall be had to the later index; or(b) if the Minister does not so direct, the publication of the later index shall be disregarded –
17AB. Adjustment of costs of administration
(1) Where there is an adjustment rate for a year, the amount specified in section 17(5A) is adjusted, in relation to a contract of sale under section 17 , by virtue of this section, on and from a date to be determined by the Director in respect of that contract, that date being not later than 31 December of that year, by that rate.(2) Where an amount adjusted under subsection (1) comprises, in addition to a number of dollars, a number of cents that is not a multiple of 5, that number of cents shall be reckoned as the next higher number that is a multiple of 5.
17AC. Director to notify adjustment in Gazette
Where there is an adjustment rate for a year, the Director shall, before 1 August of that year, publish in the Gazette a notice of the amount payable in respect of costs of administration as a consequence of the adjustment made by the operation of section 17AB .
17A. Sale by Director subject to mortgage
(1) Notwithstanding anything contained in section seventeen , in any case in which the Director may enter into a contract of sale to an applicant as provided by that section, he may, on application being made under this section, sell and transfer a dwelling-house or a share of or interest in a dwelling-house.(2) A person who desires to purchase under this section a dwelling-house or a share of or interest in the dwelling-house shall apply in that behalf, as prescribed, to the Director.(3) A contract of sale under this section shall be with the applicant as the purchaser or, if he so stipulates in his application, with the applicant and any eligible person so stipulated and, in the latter case, the transfer in accordance with the contract shall be to the applicant and that person as joint tenants.(4) If the Director determines to sell and transfer a dwelling-house or a share of or interest in a dwelling-house, the Director may require the applicant to –(a) pay to the Director as a deposit a sum being at least five per cent of the total purchase-price; and(b) execute in favour of the Director a memorandum of mortgage for the balance of any money unpaid and due under the contract of sale and for the payment of the interest payable on that balance by combined instalments.(5) Subject to subsection (4) of section seventeen B, the annual rate of interest to be charged to a purchaser under this section, and the amounts of the monthly or quarterly instalments of principal and interest combined shall be fixed in accordance with the fixed rate and the fixed table, within the meaning of section twenty-eight , at the time when the purchase is made.(6) For the purposes of subsection (4) (b) , it is not necessary for a mortgage to be a first mortgage.
17B. Contract of sale subject to mortgage
(1) A person specified in a contract of sale under section seventeen as the purchaser may apply to the Director, as provided by section seventeen A , to purchase under that section the dwelling-house or a share of or interest in the dwelling-house to which that contract relates.(2) Where an applicant is specified alone in a contract under section seventeen as the purchaser, a contract of sale in pursuance of his application under section seventeen A , as provided by this section, may be with the applicant alone or, if he so stipulates in his application, with the applicant and any eligible person so stipulated and, in the latter case, the transfer in accordance with the contract shall be to the applicant and that person as joint tenants.(3) Subsection (4) of section seventeen A shall, in any case where an application under that section is made as provided by this section, be read as modified to the extent that –and the total purchase-price shall be the price specified in the contract of sale entered into under section seventeen .(a) the deposit referred to in paragraph (a) of that subsection shall be reduced by the amount that the purchase-price specified in the contract of sale under section seventeen has been paid, together with the deposits (if any) paid under section twenty-nine and the interest thereon;(b) if the amounts paid in reduction of the purchase-price so specified together with those deposits and interest exceed five per cent of that purchase-price, then the total of those amounts, and those deposits, and that interest, shall constitute the deposit; and(c) if the outstanding liability of the purchaser by virtue of the contract of sale under section seventeen does not exceed ninety per cent of the then current market value as assessed by the Director, then an amount representing the difference between that liability and that market value shall constitute the deposit –(4) The annual rate of interest to be charged to a purchaser under section seventeen A , being a purchaser as provided by this section, and the amounts of the fortnightly, monthly, or quarterly instalments of principal and interest combined, shall be so fixed that the maximum annual rate of interest charged as provided by the contract of sale under section seventeen shall at no time be exceeded.
18. Sale of land in certain cases
(1) In any case in which an eligible person applies to the Director for a piece of land held under or for the purposes of this Act and satisfies the Director that the same is required for the purpose of the erection thereon of a home for such person, and that the officer administering the War Service Homes Act 1918-1956 of the Commonwealth in this State has consented to assist such person therein, under the provisions of that Act, the Director may sell such land to such person or, at his request, to the Commissioner of War Service Homes under that Act.(2) The provisions of section seventeen , so far as they are applicable and with the necessary adaptations, shall apply to and in respect of the sale of land by the Director under this section as if the land were land contracted to be sold by the Director under that section.
PART IVA - Sale of Land for Home Building
18A. Sale of land for home building
(1) The Director may sell land for the purpose of the erection thereon of dwelling-houses.(2) Subject to this Act, a sale of land under this section shall be at such price and on such terms and conditions as the Director determines.(3) In determining the terms and conditions upon which land is sold under this section the Director shall endeavour to ensure that such terms and conditions are imposed on its sale as are, in his opinion, reasonably necessary to ensure that the land is used for the purpose for which it is sold, and, without prejudice to the generality of the foregoing provisions of this subsection, those terms and conditions may include terms or conditions designed to effect all or any of the following purposes:(a) Restricting dealings in the land, or any part thereof, during a specified period;(b) Requiring the construction, or the commencement of the construction, of a dwelling-house on the land during a specified period.
18B. Enforcement of restriction on transfers, &c., of land sold
(1) Where land is transferred by the Director in pursuance of a contract entered into under this Part, the Director may, if in the contract he has reserved the right to do so, lodge with the Recorder a notification stating that the land is subject to this section.(2) A notification under this section shall contain particulars of the title of the land to which it relates and such other particulars as may be prescribed under the Land Titles Act 1980 and is of no effect unless there is lodged with the Recorder the certificate of title of the land.(3) Regulations may be made under the Land Titles Act 1980 for the purposes of subsection (2) .(4) The Recorder shall register a notification lodged with him under this section by recording the notification on the folio of the Register constituting the title to which the notification relates and on the certificate of title of the land.(5) Where, in respect of a transfer of land by the Director, a notification is lodged with the Recorder under subsection (1) , no transaction entered into without the consent of the Director during the period of 5 years following the transfer is capable of taking effect unless –(a) it arises through the operation of the law relating to bankruptcy;(b) it is made by a person acting in the capacity of legal personal representative of the person or one of the persons to whom the land was transferred by the Director;(c) it is made by a mortgagee in the exercise of his rights as mortgagee; or(d) it is made in the execution of a judgment or order of a court.(6) Unless he is otherwise directed by an order of the Supreme Court, the Recorder –(a) shall not register such a transaction as is referred to in subsection (5) (c) if the Director has certified to the Recorder that he is of the opinion that the transaction results from collusion between the mortgagor and mortgagee; and(b) shall not register such a transaction as is referred to in subsection (5) (d) if the Director has certified to the Recorder that he is of the opinion that the judgment or order enforced by the execution was obtained as a result of collusion between the parties to the proceedings in which the judgment or order was given.(7) The Supreme Court may make an order directing the registration of a transaction to which subsection (6) applies if it is satisfied that there are not sufficient grounds for the opinion of the Director certified to the Recorder for the purposes of that subsection in respect of the transaction; and the transaction is not capable of taking effect unless the court so orders.(8) A notification lodged with the Recorder under this section remains in effect so long only as the person or one of the persons to whom the land was transferred by the Director remains registered as proprietor of the land.(9) If in the circumstances of a particular case the Director considers that a notification lodged with the Recorder under this section should cease to be of further effect, he may lodge with the Recorder a notice withdrawing that notification, and, on that notice being so lodged, the notification ceases to be of further effect.(10) On a notice being lodged with him under subsection (9) the Recorder shall cancel the registration of the notification to which it relates, and, on the production to him of the certificate of title of the land to which the notification relates, make a corresponding recording on that certificate of title.(11) In registering or cancelling the registration of a notification under this section the Recorder is entitled to assume that the Director is acting within the powers conferred on him by this section.(12) No fee is payable to the Recorder for registering or cancelling the registration of a notification under this section.(13) In this section –Recorder means the Recorder of Titles;transaction, in relation to any land, means any transfer or transmission of the fee simple in the land –and, unless the contrary intention appears, the expressions used in this section have the same meaning as they have for the purposes of the Land Titles Act 1980 .
PART IVB - Guarantee
(1) The Treasurer may execute a guarantee guaranteeing the repayment of any loan to be made by a person to any other person lending money to another person for housing purposes.(2) A guarantee given by the Treasurer under subsection (1) –(a) shall be in such form and subject to such terms and conditions as are prescribed and such other terms and conditions as the Treasurer thinks fit; and(b) shall not be enforceable against the Treasurer unless the person making the loan has, to the Treasurer's satisfaction, exercised that person's rights and remedies under all securities held by or for that person in respect of the loan and interest charges and expenses.(3) Such sums as may from time to time become due and payable by the Treasurer under any guarantee authorized by this section shall be paid out of the Consolidated Fund, which is hereby to the necessary extent appropriated accordingly.
18D. Guarantee and indemnity by Treasurer
(1) The Treasurer may execute a guarantee, in favour of any person guaranteeing the repayment of any amount borrowed for the purposes of this Act other than a loan referred to in section 8 or 18C (1) .(2) The Treasurer may provide an indemnity in favour of any person and in respect of any liability approved by the Director where that liability is incurred in the carrying out of the objects of this Act or in achieving its purposes.(3) A guarantee executed or an indemnity provided by the Treasurer under subsection (1) or (2) is subject to any terms and conditions that the Treasurer thinks fit.(4) Any amounts that from time to time become due and payable under a guarantee or an indemnity authorized by this section shall be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.
18E. Guarantee subject to security, &c.
(1) Before a guarantee is given under section 18C or 18D , the borrower shall, if the Treasurer so requires, give to the Treasurer such security as the Treasurer may specify and shall execute such instruments as may be necessary for the purpose.(2) A guarantee under section 18C or 18D operates so as to guarantee –only to the extent that the aggregate of those amounts does not exceed $3 000 000.(a) the repayment of money lent, or agreed to be lent, to the borrower; and(b) the payment of interest and other charges in respect of that money –
PART V - Advances by Director
(1) Subject to this Act the Director may make advances to any eligible person on a security satisfactory to the Director for the purpose of enabling him –(a) to erect, as a home for himself and his dependants, a dwelling-house on his holding;(b) to purchase land and erect a dwelling-house thereon;(c) to purchase a dwelling-house, together with the land on which it is erected, or which is occupied therewith, as a home for himself and his dependants or to alter, enlarge, repair, or improve such dwelling-house;(d) to complete a partially-erected dwelling-house owned by him;(e) to enlarge a dwelling-house owned by him;(f) to discharge any mortgage, charge, or incumbrance already existing on his holding; or(g) to defray the cost of any work which the Director has caused to be done on the holding of such person under the provisions of section thirty .(2) . . . . . . . .(3) Any advance may be made by instalments and subject to such conditions as are prescribed.(4) If the advance is for any of the purposes mentioned in subsection (1) hereof, other than those mentioned in paragraphs (c) and (f) , then –(a) an instalment of such advance may be made before the building is commenced, provided that the total of the amounts so advanced shall not exceed four-fifths of the fair estimated value of the applicant's estate or interest in the holding and the permanent improvements thereon;(b) the total of the amounts advanced up to any given time shall not exceed the value of the progress theretofore made with the building, as certified in writing by a valuer to the satisfaction of the Director, in addition to the amount, if any, advanced as provided for by paragraph (a) of this subsection.
(1) Every application for an advance under this Part shall be made in such form and contain such particulars as may be prescribed.(2) The applicant shall lodge with his application a statutory declaration in the prescribed form setting forth –(a) the purposes to which the advance is to be applied;(b) . . . . . . . .(c) . . . . . . . .(3) Every such application shall be supported by such evidence as the Director may think necessary.(4) Where any such application is made for the purpose of erecting, completing, or enlarging a dwelling-house, the applicant shall satisfy the Director before such advance is made –(a) that the dwelling-house when so erected, completed, or enlarged, will be substantial and durable; and(b) that the plans and specifications for the proposed work comply with the prescribed conditions and the requirements of the Director.(5) The Director may refuse any application in relation to which the Director is not satisfied that the applicant has complied with all the prescribed conditions.
(1) If at any time, in the opinion of the Director, any money advanced under this Part has not been applied for the purpose for which it was advanced, or has not been carefully and economically expended, the Director may refuse to pay any further instalment of the proposed advance, and may, by notice in writing, at once call in the whole or part of the amount already advanced.(2) If the Director in pursuance of this section calls in the whole or part of the amount advanced, the borrower shall forthwith repay the same, and in default the Director shall have the same remedies for the recovery of the amount called in, or such part thereof as remains unpaid, as are provided by this Act for the recovery of sums payable by the borrower.
22. Advances to be secured by mortgage
(1) No advance shall be made unless the borrower gives to the Director a mortgage satisfactory to the Director of the borrower's estate and interest in his holding, including the improvements already thereon, and the improvements, if any, for the purpose of which advance is made and such additional security, if any, as the Director requires.(2) The provisions of the Bills of Sale Act 1900 shall not apply to any mortgage or other security executed under the provisions of this Act, or affect the validity of any such mortgage or security in respect of any chattels comprised therein.
23. Advances to be made only on first mortgage
(1) No advance shall be made on any property which is incumbered by any previous mortgage or charge, other than a mortgage or charge under this Part, or a charge in favour of the Crown, unless the advance is applied for the purpose of discharging a previous mortgage or charge.(2) Notwithstanding anything hereinbefore contained a second mortgage may be taken as collateral security.
24. Purchase-money or advance: How payable or repayable
(1) Repayment of an advance shall be made in monthly or quarterly instalments in accordance with the mortgage executed at the time of the advance: Provided that in no case shall the period over which such instalments are repayable exceed fifty-three years.(2) Every such instalment shall consist partly of principal and partly of interest, and every such instalment shall, in respect of each two hundred dollars thereof, be of the amount set forth opposite to the term for which the loan is made in the fixed table which is in force at the time when the loan is made and is applicable to the case, and in respect of any part of two hundred dollars shall be of an amount proportionate to the amount set forth.
25. Provisions relating to advances
With respect to every advance under this Part the following provisions shall apply:. . . . . . . .(a) The loan, if made in one sum, shall date as from the first day of the month next following that in which it is made, and, if made by instalments, shall date as from the first day of the month next following that in which the final instalment is made;(b) Interest at the fixed rate per annum shall be paid on the loan or each instalment thereof, computed from the date when the loan or instalment is made;(c) If the loan is made in one sum, interest at the fixed rate per annum computed from the date when the same is made to the first day of the next following month, shall be paid to, or may be deducted by, the Director at the time when the loan is made;(d) If the loan is made by instalments, then, until and including the first day of the month next following after that in which the final instalment is made, interest at the fixed rate per annum shall be paid to the Director on the first day of each month on all instalments theretofore made, computed from the dates of making the same respectively; or such interest may be deducted by the Director from any instalment of the loan;(e) After the first day of the month next following that in which the loan or the final instalment thereof is made, the principal, with interest thereon as provided by paragraph (b) hereof, shall be repaid to the Director by instalments as agreed between the Director and the borrower.
PART VI - Conditions of Contracts of sale and Advances. . . . . . . .
27A. Director may refuse to enter into contract, &c.
(1) The Director may refuse –(a) to enter into a contract for the sale to an eligible person of any land or land and dwelling-house; and(b) to make an advance to an applicant under this Act.(2) A decision of the Director under this section is final.
28. Power of Treasurer to fix or annul rate of interest or table of instalments
(1) The Treasurer, by notice published in the Gazette, may fix –and may, in the same manner, annul any rate or table so fixed.(a) the maximum annual rate of interest to be charged to any purchaser in respect of any purchase-money in accordance with this Act;(b) the annual rate of interest to be charged to any borrower in respect of any advance in accordance with this Act; and(c) tables of the amounts of the monthly or quarterly instalments of principal and interest combined to be paid by borrowers in respect of advances under this Act, showing the amounts payable for the various terms of years during which repayment of an advance may be made –(2) Any rate or table so fixed shall come into force on the fourteenth day after the date of the Gazette in which the same is published, and shall continue in force until the fourteenth day after the date of the Gazette in which the notice annulling the same is published.(3) In this Act the expressionthe fixed rate means the rate fixed as provided by this section which is in force at the time when the purchase or loan in question is made, and the expression fixed table means a table fixed as provided by this section.
28A. Power of Treasurer to authorize variable interest rates
Notwithstanding any other provision of this Act, the Treasurer may, by instrument in writing and subject to such terms and conditions as may be specified in that instrument, authorize the Director to provide for the payment of interest in a mortgage under this Act at a rate which may be varied from time to time at the discretion of the Director.
29. Purchaser or borrower to pay amounts on account
(1) In addition to making any payment in accordance with his contract, the purchaser or borrower may deposit with the Director any sum being not less than ten dollars, and being either ten dollars or a multiple of ten dollars, and any sum so deposited shall be credited to the purchaser or borrower with compound interest calculated yearly at the same rate as is charged on the purchase-money or advance.(2) Deposits and interest accumulated to the credit of a purchaser or borrower under this section shall be available for payment of any instalments or arrears of instalments, or other payments due to the Director by the purchaser or borrower.
30. Property to be kept in repair until payment in full
(1) Every purchaser and every borrower shall, until the whole amount of purchase-money or advance due by him has been paid or repaid, insure and keep in good and tenantable repair, to the satisfaction of the Director, all buildings, fences, fixtures, and improvements upon the land comprised in contract of sale, mortgage, or other security.(2) If after the expiration of one month's notice in writing by the Director, any purchaser or borrower has not complied with the requirements of this section –(a) the Director or any person authorized by the Director in that behalf may enter and take possession of the land or land and dwelling-house, as the case may be, and the like consequences shall follow as are provided by section thirty-five in case of breach of the terms or conditions of the contract of sale, mortgage, or other security, or default made in the payment of any instalment of money payable in respect of any contract of sale or advance under this Act; or(b) the Director, or any person authorized by the Director in that behalf, may enter upon the property and effect all repairs which the Director deems necessary; and the expenses thereby incurred, with interest at the same annual rate as that which is payable on the purchase-money or advance, as the case may be, shall be paid to the Director by the purchaser or borrower on demand, and, until repayment, shall be a charge under the contract of sale or mortgage or other security upon the property, notwithstanding that the amount of the purchase-money or advance is thereby increased to more than the amount of the maximum cost or advance, as the case may be, applicable in respect of that property under the foregoing provisions of this Act.(3) Notwithstanding the provisions of subsection (1) , the Director may insure and keep insured all buildings, fences, fixtures, and improvements upon any land referred to in that subsection and may collect the amount required for the payment of such insurance from the purchaser or borrower by way of the imposition of a charge as a component of the cost of rental charged by the Director pursuant to section 17 (5) (b) (ii) .
(1) As between the Director and the purchaser or borrower with respect to the land or land and dwelling-house forming the subject of a contract of sale, mortgage, or other security, the following condition shall be imposed, so long as any money due to the Director under the contract of sale, mortgage, or other security remains unpaid, namely:(a) The land or land and dwelling-house, as the case may be, shall not be sold, let, sublet, mortgaged or otherwise charged or disposed of by the purchaser or borrower without the consent in writing of the Director; and(b) Every sale, lease, sublease, mortgage, charge, or agreement entered into or made in contravention of the provisions of this section shall be void and of no effect.(2) If the purchaser or borrower sells, lets, sublets, mortgages or otherwise charges or disposes of the land or land and dwelling-house, or any part thereof, in contravention of the provisions of this section, the Director may –(a) in the case of a purchaser, cancel the contract of sale, and, in the discretion of the Director, forfeit the instalments previously paid by the purchaser; and(b) in the case of a purchaser as provided by section seventeen A or a borrower sell the estate and interest of the borrower in the land or land and dwelling-house.
32. Sale where borrower bankrupt
When the borrower's title to any land or land and dwelling-house, over which the Director holds a mortgage in pursuance of this Act, is divested from him under any law relating to bankruptcy, the Director may cause his estate and interest in the land or land and dwelling-house to be sold at such time and place, in such manner and on such terms and conditions as he thinks fit.
33. Application of section 35 to sales under sections 31 and 32
The provisions of section thirty-five as to the sale of any land or of land and a dwelling-house and the application of the proceeds of the sale shall apply to any sale made in pursuance of sections thirty-one and thirty-two .
34. Land, &c., not to be transferred while subject to mortgage, &c.
(1) So long as any land or land and dwelling-house is subject to a contract of sale, mortgage, or other security in accordance with this Act, a transfer of that land or land and dwelling-house, or of any estate or interest therein, shall not have any force or effect, nor shall it be registered in the Land Titles Office or Registry of Deeds, unless it –(a) arises through the operation of any law relating to bankruptcy;(b) is made to a devisee by a person acting in the capacity of executor or administrator of the purchaser or borrower; or(c) is made with the consent in writing of the Director.(2) Consent to the transfer of land or of land and dwelling-house, or of any estate or interest therein, shall not be granted by the Director in pursuance of this section, except in the following cases and subject to the following conditions:(a) Where the proposed transferee is an eligible person – such conditions as the Director shall determine; and(b) Where the proposed transferee is not an eligible person –(i) in the case of a transfer within five years after the sale and transfer or the making of the advance – where it is proved to the satisfaction of the Director that the refusal thereof would inflict great hardship; and(ii) in the case of a transfer after the sale and transfer or the expiration of five years after the making of the advance – such conditions as the Director shall determine.(3) In dealing with applications for consent to any transfer, the Director shall, as between two alternative transferees, one of whom is an eligible person and the other is not, give preference, as far as reasonably practicable, to the former.(4) In this sectiontransfer includes conveyance, assignment, and surrender.
35. Remedies for recovery of instalments
(1) In addition and without prejudice to any other remedy, if at any time any instalment or money payable in respect of any contract of sale or advance under this Act, or any part thereof, is unpaid for thirty days next after the time appointed for the payment thereof, then, although no legal demand has been made for the payment thereof, the Director may enter upon the land or land and dwelling-house with respect to which the contract of sale was entered into or the advance was made, and recover the amount due by distress and sale of any goods and chattels on such land or land and dwelling-house, or such amount may be recovered in any court of competent jurisdiction by action, in the name of the Director, from the owner of such land or land and dwelling-house.(2) If at any time any instalment, or any part thereof, is unpaid for one month next after the time appointed for the payment thereof, then, although no legal demand has been made for the payment thereof, the Director may enter upon and take possession of the land or land and dwelling-house with respect to which the contract of sale was entered into or the advance has been made, and may –(a) in the case of a purchaser, cancel the contract of sale and, in the discretion of the Director, forfeit the deposits and instalments or any part thereof previously paid by the purchaser; and(b) in the case of a borrower, or in the case of a purchaser who has obtained from the Director a transfer and executed a mortgage to the Director of such land or land and dwelling-house, sell the estate and interest of the borrower therein, either by private sale or public tender or auction, and subject to such terms and conditions of sale as the Director thinks expedient, and, after such notice of the time, place, terms, and conditions of sale as the Director thinks just and expedient, with power to give time for payment of purchase-money, or to allow the purchase-money to remain on mortgage at the risk of the borrower, and to vary or rescind any contract for sale, and to buy in at any auction, and to resell without being answerable for any loss, and may transfer such land or land and dwelling-house to the purchaser and give a good and valid title thereto: Provided that, before any land or land and dwelling-house is sold by private sale under this section, it shall first be offered at public auction, due notice of which shall be advertised in a newspaper.(2A) Subject to subsection (2B) of this section, the Director may, pending the sale of any land or land and dwelling-house in pursuance of subsection (2) of this section, let the land or land and dwelling-house to such person, at such rent, and on such terms and conditions, as the Director may think fit.(2B) The provisions of subsection (2) of section sixteen shall apply to and in respect of the letting of any land or land and dwelling-house under subsection (2A) of this section as if that land or land and dwelling-house were let under that section.(3) As against mortgagors, the Director shall not be responsible for involuntary losses or the default of agents or auctioneers.(4) The Director shall apply the proceeds derived from any sale made in pursuance of this Part in payment, in the first instance, of all moneys due in respect of the land or land and dwelling-house and in payment or repayment of any amount charged thereon in favour of the Director, or of so much thereof as remains unpaid, and of all expenses incurred by the Director in relation to such sale, or otherwise with respect to the land or the land and dwelling-house, and shall pay the balance, if any, to the persons appearing to the Director to be entitled to receive the same.
36. Money due by purchaser or borrower is a debt due to the Crown
In addition to any other remedy provided by this Act for the recovery of any sum of money payable under any provision of this Act to the Director by a purchaser or borrower, it is hereby declared that every such sum of money shall be and remain until payment a debt due by the purchaser or borrower to the Crown, and shall be recoverable, with interest, by the Director accordingly.
37. In event of no purchaser land to revert to the Crown
Whenever any land or land and dwelling-house, authorized to be sold by the Director under this Act, is offered for sale by public auction, and the amount of the highest bidding at such sale is not sufficient to satisfy the moneys due to the Director, together with the cost and expenses of, and occasioned by, such attempted sale, or there is no bid, the Director may advertise the land or land and dwelling-house for private sale in the Gazette and in at least one newspaper, once at least in each of three successive weeks, and shall in such advertisement name a day and time, not less than one month from the date of the first of such advertisements, upon or after which the land or land and dwelling-house shall revert to the Crown, together with all improvements thereon, unless in the interval a sufficient amount has been obtained by the sale thereof to satisfy the moneys due to the Director and all costs and expenses of, and occasioned by, such sale and proceedings, and upon such reversion the land or land and dwelling-house shall revest in His Majesty accordingly.
PART VIA - Movable dwelling units
37A. Nature of movable dwelling units
(1) For the purposes of this Part a movable dwelling unit shall be taken to be any unit designed for use as a dwelling for one or two individuals that is capable of being transferred from place to place with reasonable facility.(2) References in this Part to the ancillary features of a unit shall be construed as references to –(a) any component or other part of the unit;(b) any fittings, equipment, or furniture, provided for use in connection with the unit;(c) any foundations, footings, steps, or other works required for the erection or use of the unit.
37B. Purpose of provision of movable dwelling units
(1) The Director may make arrangements for the provision of a movable dwelling unit in connection with a dwelling-house so that that unit may be used as a dwelling by one or two persons who, he is satisfied, are eligible individuals who are, or one of whom is, related to one or more of the individuals ordinarily resident in the dwelling house.(2) For the purposes of subsection (1) an individual shall be taken to be an eligible individual if he is of advancing years or suffers from some infirmity or disability that renders it advisable that he live close to someone who is available to render him any assistance that he may require.(3) Two individuals may be taken to be related to each other for the purposes of subsection (1) if they have been living together for a substantial period as members of one family in the same household, notwithstanding that they are not related by consanguinity or affinity.(4) Notwithstanding anything in this section a movable dwelling unit shall not be erected on any land without the approval of the council of the municipal area in which the land is situated.
37C. Provision of movable dwelling units
For the purposes of this Part the Director may provide, or make arrangements for the provision of, the movable dwelling units and the ancillary features thereof, and may carry out, or arrange for the carrying out of, any work necessary in connection with the erection, maintenance, use, or removal of the units.
37D. Agreements with respect to movable dwelling units
(1) In the exercise of the powers conferred on him by this Part the Director may enter into, and carry into effect, agreements (in this Part referred to as "hiring agreements") with respect to the erection and use of a movable dwelling unit in accordance with this Part.(2) Without prejudice to the generality of the provisions of subsection (1) , a hiring agreement in respect of a movable dwelling unit may make provision with respect to all or any of the following matters:(a) The hiring charges payable in respect of the unit or any of its ancillary features, including the fixing of the amount, the manner of payment, and recovery, of any such charges;(b) The payment or return of deposits in respect of the erection or installation of the unit or any of its ancillary features;(c) The maintenance of the unit or any of its ancillary features, and their preservation from damage;(d) The provision and maintenance of the services required in connection with the use of the unit as a dwelling;(e) The removal of the unit or any of its ancillary features, and the restoration of the site from which it or they are removed;(f) The persons who may be allowed to use the unit as a dwelling;(g) The terms and conditions on which persons may be allowed to use the unit as a dwelling, and the charges that may be made in respect of any such use;(h) The notifications required to be given with respect to the use of the unit or the occupation or ownership of the land on which it is situated;(i) The rights of entry of the Director and persons acting under his authority in relation to matters arising under the agreement;(j) The effect of a failure to comply with any of the terms of the agreement.(3) A movable dwelling unit and the ancillary features of a unit shall be the property of the Director and remain personal property, and shall be deemed not to be affixed, within the meaning of any law relating to real property, to any land upon which it is for the time being situated.(4) A hiring agreement may make provision for the termination thereof, by act of any party thereto or otherwise.(5) A hiring agreement may be an agreement altering or replacing a previous hiring agreement.(6) The Director may cause a hiring agreement to be registered in accordance with Schedule 3 .(7) Where the Director registers a hiring agreement in accordance with subsection (6) , he shall, upon the determination of that agreement, serve upon the Recorder of Titles a notice in respect thereof and the Recorder shall make an entry on the relevant folium of the register book that the agreement so registered has been cancelled.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(1) Where a hiring agreement in respect of a movable dwelling unit has been registered as mentioned in section 37D (6) and the Director becomes entitled, on the termination of the agreement or otherwise, to remove the unit or any ancillary features thereof from the land in respect of which the agreement was registered any authorized person may enter upon that land and remove or assist in removing that unit or that ancillary feature.(2) For the purposes of this section an authorized person is any person authorized by the Director to remove the unit or ancillary feature, and any other person acting under the direction of the person so authorized.
PART VIB - Local Advisory Committees - . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .
PART VII - Miscellaneous
Any notice required to be given under this Act may be served personally or by post.
39. Extension of time for repayment
(1) In cases of hardship the Director may extend for such period and on such terms and conditions as he thinks fit, the time for making any payment required by this Act to be made to the Director.(2) Where the time for making any payment has been so extended, the payment shall bear interest for the time so extended at the same annual rate as that which is payable on the purchase-money or advance.
40. Director to obtain reports from inspectors and valuers
(1) The Director shall obtain a report from an inspector or valuer as to the manner in which any advance under this Act has been expended and used by the borrower, and generally as to the state and condition of any land or land and dwelling-house or any improvements in respect of which a contract of sale or tenancy has been entered into or an advance has been made.(2) The inspector or valuer directed to make the report may, at any reasonable hour in the daytime, enter and make an inspection of any land or land and dwelling-house or improvements for the purpose of making his report.
41. Register of purchases, tenancies and advances
The Director must keep –. . . . . . . . . . . . . . . .(a) a register or list of all purchases, tenancies and advances made or granted under this Act; and(b) an alphabetical list of the names of the persons included in each register or list.
43. Sale or leasing of land, &c., not immediately required
(1) If the Director is satisfied that any land –is not immediately required for the purposes of this Act he may sell or let that land at such price and on such terms and conditions as he thinks fit.(a) which is vested in, or held by, him under or for the purposes of this Act;(b) in which by virtue of the operation of section twenty-seven of the Homes Act 1953 he has, or in respect of which he is entitled to call for, the legal estate; or(c) which has been granted to him, or to the grant to which he is entitled, under section 12 of the Crown Lands Act 1976 –(2) The moneys that are received by the Director upon the sale or letting of any property in pursuance of this section shall be applied as the Treasurer may direct.
43A. Power of Director to sell or hire plant to persons erecting dwelling-houses
The Director may, with the approval of the Minister, sell or hire plant to persons who desire to provide homes for themselves, and to building contractors, at such price or rate, and on such other terms and conditions, as the Director may think fit.
43B. Sale, &c., of plant not immediately required
If the Director is satisfied that any plant held by, or vested in, him under or for the purposes of this Act is not immediately required for the purposes of this Act, he may, with the approval of the Minister, sell or hire all or any of that plant to such persons, and on such terms and conditions, as the Director may think fit.
43C. Work for other State instrumentalities
(1) Subject to this section, the Director may, with the approval of the Minister, enter into and carry out arrangements for the carrying out of any work for or on behalf of the State or any State instrumentality.(2) The Director shall not enter into any arrangements under this section for the carrying out of any work unless he is satisfied –(a) that the work can be carried out by persons engaged by him under subsection (5) of section six B ;(b) that the work can be carried out without affecting the carrying out of other work required to be carried out for the discharge of his functions under this Act; and(c) that the arrangements make adequate recompense to the Director in respect of the cost of the carrying out of the work.(3) For the purposes of this section aState instrumentality means any person or body (whether incorporate or unincorporate) established to administer or control any department, business, or undertaking on behalf of the State.
44. Power of Director to compound in case of breach of contract
The Director may compound and agree with any person who has entered into any contract in pursuance of or under the authority of this Act, or against whom any action is brought for any penalty contained in the contract, or in any bond or other security for the performance thereof, or for or on account of any breach of performance of the contract, bond, or security for such sum of money, or other consideration as the Director thinks proper.
45. Judgment of court not to affect contract of sale or mortgage
No judgment, order, or decree of any court shall in any way affect the security or remedies of the Director under a contract of sale or mortgage; and, until the contract of sale has been fully performed or the terms and conditions of the mortgage complied with, no process of law shall interfere with such security or remedies.
46. Profit and loss accounts and balance-sheets
. . . . . . . . . . . . . . . .(1) . . . . . . . .(2) As soon as practicable after the close of each financial year, the Director shall cause to be prepared in respect of the operations of the Director under this Act during that financial year –(a) a profit and loss account; and(b) a balance-sheet.(3) If, in any financial year, the profit and loss account of the Director for the immediately preceding financial year shows –(a) a credit balance, the Director shall pay to the Treasurer, to the credit of the Consolidated Revenue, the amount of that credit balance; or(b) a debit balance, the Treasurer shall pay to the Director out of the Consolidated Revenue (which, to the necessary extent, is appropriated accordingly) the amount of that debit balance.
(1) The Governor may make regulations under this Act and in particular for –(a) . . . . . . . .(b) prescribing the duties of valuators and the scale of their remuneration;(c) fixing the scale of costs and fees for the preparation and completion of leases and rent-purchase contracts, and for the valuation of securities;(d) prescribing the accounts, registers, and books to be kept and the manner of keeping the same; and(e) provisions of a savings or transitional nature consequent on the enactment of the Homes (Sale of Mortgages) Act 1993 .(2) . . . . . . . .
A rental calculated pursuant to section 17 (5) which, before the commencement of sections 5 and 7 of the Homes Amendment Act 1984 , purported to include a charge in respect of costs of administration is to be deemed to have validly and properly included that charge as if those sections had been in force at the time that rental was calculated.
SCHEDULE 1 - Acts Repealed
Regnal year and number. | Title of Act. |
10 Geo. V No. 39 | Homes Act 1919 |
11 Geo. V No. 30 | Homes Act 1920 |
13 Geo. V No. 2 | Homes Act 1922 |
14 Geo. V No. 16 | Homes Act 1923 |
15 Geo. V No. 23 | Homes Act 1924 |
20 Geo. V No. 4 | Homes Act 1929 |
20 Geo. V No. 31 | Homes Act (No. 2) 1929 |
SCHEDULE 2
SCHEDULE 3 - Registration of hire agreements in respect of movable dwelling units
1.(1) Where a hire agreement is required to be registered in accordance with this Schedule it shall be so registered by lodging with the Recorder of Titles –(a) a copy of the agreement; and(b) particulars of the title to the land on which the movable dwelling unit to which the agreement relates is, or is to be, erected.(2) Where an agreement has been registered under subparagraph (1) the Recorder shall record the agreement on the folio of the Register constituting the title to the land referred to in clause (b) of that subparagraph.
2.(1) Where the whole or any part of the land referred to in paragraph 1 (1) is not under the Land Titles Act 1980 the Recorder shall bring under that Act so much of the land that is not under that Act by registering a qualified title thereto in accordance with section 21 of that Act .(2) Where part only of the land referred to in clause (b) of paragraph 1 (1) is required to be brought under the Land Titles Act 1980 by this paragraph the Recorder shall issue a consolidated title to the whole of the land so referred to and for that purpose may call in and cancel the certificates of title to the parts of the land in accordance with section 163 of that Act .(3) . . . . . . . .(4) . . . . . . . .(5) . . . . . . . .
3. No fee is payable in respect of the registration of a hire agreement in accordance with this Schedule.
SCHEDULE 4