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©State of Queensland
QUEENSLAND
STATE HOUSING REGULATIONS 1986
WITH
AN INDEX
(Compiled to 1 September, 1990)
This reprint has been prepared under the Authority of the Parliamentary Counsel's Office
BY AUTHORITY
R. G. GILES, ACTING GOVERNMENT PRINTER, QUEENSLAND-1990
STATE HOUSING REGULATIONS 1986
ANALYSIS OF CONTENTS
PART I-PRELIMINARY l. Citation
2. Repeal 3. Arrangement 4. Interpretation 5. Forms 6. Fees
PART II-GENERAL 7. Payment of deposit
8. Purchase pursuant to section 24
9. Letting or leasing of dwelling-houses pursuant to section 26 10. Dealings in leases and interests in contracts of sale 11. Notices, how to be sent
12. Payment books 13. Statement of account 14. Prescribed covenants FIRST SCHEDULE SECOND SCHEDULE
QUEENSLAND
STATE HOUSING REGULATIONS
1986[Reprinted as at 1 September, 1990]
[Regulations published Gazette 13 December 1986, pp. 2045-2060; as amended by regulations published Gazette 18 July 1987, pp. 2849-2853; 13 August 1988, pp. 3410- 3414; 17 June 1989, pp. 1253-1255; 30 June 1990, pp. 1378-1382.]
Note-For validation of regulations published Gazette 17 June 1989, pp. 1253-1255, see Act No. 50 of 1990.
The Queensland Housing Commission, Brisbane, 11th December, 1986.
HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the State Housing Act 1945-1986, has been pleased to make the following regulations.
IVAN J. GIBBS Minister for Works and Housing.
PART I-PRELIMINARY
1. Citation. These regulations may be cited as the State Housing Regulations 1986.
2. Repeal. The State Housing Regulations of 1945 are hereby repealed.
3. Arrangement. These regulations are arranged as follows:- PART I-PRELIMINARY (Regs. 1-6);
PART II-GENERAL (Regs. 7-14);
FIRST SCHEDULE-FORMS;
SECOND SCHEDULE-FEES.
4. Interpretation. In these regulations, unless the contrary intention appears-
"the Act" means the State Housing Act 1945-1986.
2 reg.5 STATE HOUSING REGULATIONS 1986 reg.S
5. ( 1) The forms set forth in the First Schedule hereto shall be used for the purposes for which they are respectively applicable.
(2) A form prescribed by these regulations shall be completed in accordance with such directions as are specified in the prescribed form.
(3) In these regulations a reference to a form by number is a reference to the form in the First Schedule hereto which bears that number.
6. Fees. The fees set out in the Second Schedule hereto shall be the fees payable in respect of the matters specified therein:
Provided that the Commission may in its discretion waive the whole or part of any prescribed fee.
PART II-GENERAL
7. Payment of deposit. (1) An applicant for an advance pursuant to section 23. of the Act shall lodge with the Commission at or before entering into a building contract, the contract deposit, if any, being the amount by which the contract price exceeds the advance approved by the Commission and the Commission shall use such deposit in making the first payments due under the contract:
Provided that the applicant may with the approval of the Commission pay the contract deposit direct to the contractor and in such case the applicant and the contractor shall so certify to the Commission and the Commission shall deduct such amount from the first payments due under the contract.
(2) An applicant for an advance pursuant to section 23A of the Act shall be responsible for payment to the vendor of the amount by which the contract price of the house and land being purchased exceeds the advance approved by the Commission.
(3) An applicant for the purchase of a house from the Commission pursuant to section 24 of the Act shall pay to the Commission the required deposit, at or before the time of signing the contract of sale or mortgage.
(4) An applicant for the purchase of land· from the Commission pursuant to section 24A of the Act shall pay to the Commission the required deposit, at or before the time of signing the agreement.
8. Purchase pursuant to section 24. ( 1) An applicant for the purchase of a house and land pursuant to section 24 of the Act shall, if and when required by the Commission, enter into and execute-
(a) a contract of sale in writing with the Commission; or (b) where the fee-simple of the land is vested in the Commission,
a contract of sale in writing with the Commission or a mortgage in favour of the Commission.
(2) A contract of sale shall be executed in duplicate and registered by the Commission in a register kept for the purpose.
reg.9 STATE HOUSING REGULATIONS 1986 reg. 9 3
9. Letting or leasing of dwelling-houses pursuant to section 26. (1) Rents to be charged on houses let pursuant to section 26 of the Act shall be calculated in accordance with the provisions of clauses 32 and 33 of the Agreement entered into between the State and the Commonwealth under the Commonwealth and State Housing Agreement Act 1985.
(2) Houses shall be let on a weekly tenancy with the rent payable fortnightly in advance, with one week's notice in writing to be given by the Commission to the tenant or the tenant to the Commission as the case may be to terminate the tenancy, and the tenant shall be liable for one week's rent for failure to give such notice:
Provided that the Commission may at any time install any eligible person as tenant in any vacant dwelling-house.
(3) A tenant who accepts accommodation offered by the Commission pursuant to section 26 of the Act shall, before taking up occupation as a tenant, execute a tenancy agreement in such form as may from time to time be approved by the Commission.
(4) The tenancy shall be subject to the conditions- (a) that the tenant undertakes-
(i) to pay all charges for gas, electricity, excess water and repairs (fair wear and tear excepted) arising during or as a result of the tenancy;
(ii) to notify the Commission of any repairs which become necessary to the premises;
(iii) not to cause or permit any nuisance on the premises or permit any unauthorised person to reside in the premises;
(iv) not to sublet, lease, assign, transfer, dispose of or demise the premises or any part thereof nor make or suffer to be made any alteration without approval in writing of the Commission first being obtained;
(v) to advise the Commission forthwith of any change in the persons occupying the premises in addition to the tenant or in the income of any occupant; and
(vi) to indemnify and save harmless the Commission against all losses, claims, damages and expenses which the Commission may sustain, expend or be put to by. reason of any negligence, misconduct or misperformance of any of the conditions and stipulations covering the tenancy on the part of the tenant or of his servants, age:pts or licensees to be observed or performed; and
(b) that if any rent payable under the tenancy is 14 days or more in arrears (whether demanded or not) or if the tenant shall fail to perform or observe any of the terms of the tenancy or if the Commission shall otherwise at its discretion require the tenancy to be determined, the Commission or any person nominated by the Commission may enter upon
4 reg.lO STATE HOUSING REGULATIONS 1986 reg.lO
the premises for the purpose of serving a Notice to Quit and the tenancy shall thereupon determine but without prejudice to any claim which the Commission may have against the tenant in respect of any breach of the terms and conditions of the tenancy.
10. Dealings in leases and interests in contracts of sale. (1) An instrument of lease issued pursuant to section 24 of the Act shall be in Form 1 and retained by the Commission until the contract of sale referred to therein has been fully performed.
(2) An instrument of lease granted pursuant to section 22B of the Act shall be in Form 2.
(3) An instrument of lease shall be issued in duplicate with one copy being bound by the Commission in registers kept for that purpose.
( 4) The Commission shall keep a journal wherein shall be entered particulars of all sub-leases, transfers, mortgages, transmissions, and other dealings, and such journal and the registers referred to in subregulation (3) shall be open for public inspection at any reasonable time during office hours.
(5) While a contract of sale for the purchase of a house and freehold land pursuant to section 24 of the Act is still subsisting the Commission may make on the original of that contract of sale such notations as it thinks fit to record changes in an interest in the contract and any other matters relevant to that interest. Documentation necessary to enable the Commission to make notations under this subregulation shall be in such form as may from time to time be approved by the Commission.
(6) A person shall lodge_all dealings and documents required by this regulation with the Commission.
(7) When a contract of sale has been fully performed, the Commission shall, if a lease in respect of the land subsists, endorse on the said lease a certificate of performance in Form 3 and thereafter, if the lease is a perpetual lease, the land rel1t shall be paid yearly in advance to the Commission.
(8) A request for transmission by death shall be made in writing and accompanied by a certified copy of the grant of probate or administration or other document evidencing the claim of the applicant to such transmission. The original of such grant or other document shall also be produced for inspection.
(9) (a) In the case of the death of the lessee or a person having an interest in a lease or a purchaser under a contract of sale, the Commission may, if satisfied that-
(i) a will has been left by him, and no probate of such will or no administration with such will annexed, has been taken out within six months after his death; or · (ii) no will has been left by him, and no administration of his
estate has been taken out within such time; and
reg.ll STATE HOUSING REGULATIONS 1986 reg.13 5
(iii) the gross value of his estate does not exceed $100,000:
Provided that for the purpose of this subregulation the said gross value shall be reduced by his indebtedness to the Commission as at the date of his death,
cause transmission by death to be entered up in the proper records of the Commission as if probate or letters of administration with the will annexed, or if the deceased died without leaving a will, letters of administration had been duly granted.
(b) Thereupon the person in whose name the transmission by death has been entered shall have all the rights, powers, and liabilities in respect of the land held under lease or contract of sale as if probate or administration of the estate of the deceased person had been granted to him.
11. Notices, how to be sent. (1) (a) The Commission shall publicly advertise a notice of its intention to offer land for sale at public auction pursuant to sub-clause 15 (2) of the Schedule of the Act in at least one newspaper circulating in the locality where the land is situated.
(b) An advertisement for the purposes of paragraph (a) shall state a day and time, being a day not less than one week from the date of the first advertisement, and the place where such land will be offered at public auction.
(2) Where an application, notice, tender, document, or communication is directed to be sent, served, or forwarded to or upon the Commission, a person shall address the same to "The Secretary, The Queensland Housing Commission".
(3) Subject to section 43A (5) of the Act a notice, communication or other document required to be given or served by the Commission to or upon any person may be delivered or sent through the Post Office addressed to such person, to his last known place of address or affixed to a conspicuous place upon some part of the dwelling-house concerned.
12. Payment books. (1) The Commission shall furnish each borrower, purchaser and tenant under the Act with a payment book.
(2) A borrower, purchaser or tenant when making any payment shall enter particulars of payments and produce such book to the officer authorised to receive payments.
(3) When required by the Commission a borrower, purchaser or tenant shall forward such book to the Commission for examination.
( 4) A borrower, purchaser or tenant who loses his payment book shall give immediate notice to the Commission whereupon the Commission shall, if satisfied that such book has been lost, issue a new book to such borrower, purchaser or tenant.
13. Statement of account. Where the Commission is requested by or on behalf of a borrower or purchaser to provide a statement of account the Commission may char~e a fee as prescribed in the Second Schedule in respect of the preparatiOn of the statement of account.
6 reg.I4 STATE HOUSING REGULATIONS 1986 reg.l4
14. Prescribed covenants. The following covenants on behalf of each borrower or purchaser shall be deemed to be inserted in every bill of mortgage, memorandum of mortgage and contract of sale used for the purposes of this Act-
The borrower or purchaser agrees-
(a) to use the dwelling-house as a home for himself and his family and for no other purpose unless approval in writing of the Commission has first been obtained;
(b) to keep the dwelling-house adequately maintained, including repainting of painted exterior surfaces at regular intervals;
(c) to keep the land tidy and clear of weeds and noxious plants and not to allow any accumulation of rubbish;
(d) to keep the dwelling-house insured against fire and storm and tempest with Suncorp or such other Insurance Company as the Commission may approve. The Commission's interest as mortgagee or owner is to be recorded with the company concerned;
(e) to pay promptly premiums on the insurance policy and that any premium not paid by its due date shall be paid by the Commission and charged, together with the prescribed fee, to the account of the borrower/purchaser.
The amount so charged shall be a debt to the Commission payable forthwith;
(f) to pay promptly Local Authority charges, taxes and other lawful assessments in connection with the land and that any amount not paid by its due date may, at the Commission's discretion, be paid by the Commission and charged, together with any expense incurred in making such payment, to the account of the borrower or purchaser.
The amount so charged shall be a debt to the Commission, payable forthwith;
(g) to advise the Commission promptly when any variation of income occurs;
(h) to obtain the approval of the Commission and the Local Authority before carrying out any additions or alterations to the dwelling-house and to carry out approved additions or alterations in a tradesmanlike manner;
(i) not to use or permit the use of the dwelling-house or land, wholly or partly, as a shop or place for carrying on any trade or business;
G) not to leave the premises unoccupied for longer than 60 consecutive days without the written approval of the Commission and the Insurance Company concerned;
(k) not to mortgage, charge, let, transfer, subdivide or abandon the dwelling-house and/or land without the written approval of the Commission;
reg.14 STATE HOUSING REGULATIONS 1986 reg.14 7
(1) that when the Commission !akes possession.ofthe property, it shall charge the account of the borrower or purchaser with the prescribed amount in payment of dle expenses incurred and while the Commission remains in possession it shall pay and charge the account of the borrower or purchaser with all expenses it considers necessary to preserve the property and protect its security;
(m) that if it is not practical for the Commission to sell a property in its possession immediately, :the Commission may let such property to any person for 'Such rent and on such terms and conditions as it thinks fit and shall credit rent received in respect of such letting to the account of the borrower or purchaser. The Commission may terminate such letting at any time in order to sell the property;
(n) that the Commission may sell a property in its possession for cash or over a term of years: The surplus, if any, after application of the selling price in redemption of the balance owing, including interest, and in payment of expenses associated with the sale or otherwise, shall not, unless the Commission determines otherwise, be paid out until the full selling price has been received by the Commission; and
( o) that the Commission shall not be responsible for any loss incurred pursuant to its rights under the Act and all purchase monies left outstanding shall until actually received by the Commission in cash be deemed a continuing unsatisfied part of the principal moneys secured and carry interest accordingly.
8 First Sch. f.l STATE HOUSING REGULATIONS 1986 First Sch. f.l
First Schedule FORMS
Form 1-Freeholding Lease under the State Housing Act 1945-1986;
Form 2-Perpetual Town Lease under the State Housing Act 1945- 1986;
Form 3-Certificate of Performance.
(Form 1)
Freeholding Lease No.
Queensland
FREEHOLDING LEASE UNDER THE STATE HOUSING ACT 1945-19 Elizabeth the Second, by the Grace of God, Queen of Australia, and Her other
Realms and Territories, Head of the Commonwealth:- To All to Whom these Presents shall come, Greeting:
WHEREAS, in pursuance of and under and subject to the State Housing Act 1945-19 (hereinafter referred to as the "Act"), is now entitled to a lease of the land hereinafter described as provided by paragraph (a) of subsection 1 of section 24 of the Act: Now know ye that in consideration of the premises, We, in pursuance of the Act do hereby, for Us, Our Heirs and Successors, demise and lease unto the said (hereinafter with successors in title designated "the Lessee") and lawful assigns all that parcel ofland containing by admeasurement , be the same more or less, situate in the county of , parish of , being , as shown on plan of survey deposited in the To hold the same unto the Lessee and lawful assigns, from the First day of , in the year One thousand nine hundred and , for the period of the duration of a certain Contract of Sale dated the day of between The Queensland Housing Commission and the Lessee with respect to the said land, which contract was entered into in pursuance of the Act, with, under and subject to the reservations hereinafter particularly mentioned, and under and subject to the conditions and provisions in the Act contained, or any amendment or amendments of the Act hereafter to be passed, or any Regulations made or which may hereinafter be made under the Act.
IT is hereby expressly Agreed and Declared that this Lease is to be read and construed as if all the provisions of the Act and Regulations, at any time in force, relating to Leases under the Act were inserted in this Lease as covenants and conditions thereof: And it is hereby also Declared and Agreed that upon payment of all moneys due and payable under the Act and under the said Contract of Sale and upon the performance and observance of all the conditions herein or in the Act or in the said Contract of Sale contained or implied the Lessee shall be entitled to a Deed of Grant in fee-simple in respect of the said Land: And it is hereby further Declared and Agreed that if the Lessee make default in payment of the moneys due and payable under the said Contract of Sale or fail to observe or perform the terms, covenants and conditions herein or in the Act contained or referred to, or contained in or referred to in the said Contract of Sale or any of them, then, and in such case, this Lease shall be liable to be forfeited: Provided always and We do hereby Reserve unto Us, Our Heirs and Successors, all Gold and Minerals (the term "Minerals" to have the same meaning as in the Mining Act 1968-
1983~, on and below the surface of the said Land, and all Mines of Gold and Minerals, on and below the surface of the said Land: And We do hereby also Reserve unto Us, Our Heirs and Successors, and to such persons as shall from time to time be duly authorised by Us in that behalf, the free right and privilege of access, including ingress, egress and regress, into, upon, over, and out of the said Land, for the purpose of searching for or working Gold and Minerals or any of them, or Mines of Gold and Minerals, or any of them, in any part of the said Land: And We do hereby also reserve unto Us, Our
First Sch. f.l STATE HOUSING REGULATIONS 1986 First Sch. f.l 9 Heirs and Successors, all Petroleum (the term "Petroleum" to have the same meaning as in the Petroleum Act 1923-1985), on or below the surface of the said Land: And also all rights of access for the purpose of searching for, and for the operations of obtaining Petroleum in any part of the said Land: And also all rights of way for access and for pipe lines and other purposes requisite for obtaining and conveying Petroleum in the event of Petroleum being obtained in any par! of the said Land: And We do hereby Reserve the right of any person duly authorised in that behalf by the Governor of Our said State in Council at all times to go upon the said Land, or any part thereof; for any purpose whatsoever, or to make any survey, inspection, or examination of the same.
In testimony whereof; We have caused this Our Lease to be sealed with the Seal of
Our said State. .
Witness Our Trusty and Well-beloved His Excellency the Honourable Sir Walter Benjamin Campbell, one of Her Majesty's Counsel learned in the law, Governor in and over the State of Queensland in the Commonwealth of Australia, at Government House.
Brisbane, in Queensland aforesaid, this day of , in
the year of Our Reign, and in the year of Our Lord One thousand nine hundred and
10 First Sch. f.2 STATE HOUSING REGULATIONS 1986 First Sch. f.2
(Form 2)
Perpetual Town Lease No.
Queensland
PERPETUAL TOWN LEASE UNDER THE STATE HOUSING ACT 1945-19 Elizabeth the Second, by the Grace of God, Queen of Australia, and Her other
Realms and Territories, Head of the Commonwealth:- To All to whom these Presents shall come, Greeting:
WHEREAS the Queensland Housing Commission, pursuant to the provisions of section 22B of the State Housing Act 1945-19 , has with the authority of the Governor in Council surrendered the land hereinafter described and has satisfied the Governor in Council that it is desirable to make the land available to in pursuance of the provisions of the State Housing Act 1945-19 , (hereinafter referred to as "the said Act"): Now know ye that in consideration of the premises, and of the observance or performance of the terms, covenants, and conditions hereinafter contained or referred to and in further consideration of the rental hereby reserved, WE in pursuance of the said Act, do hereby for Us, Our Heirs and Successors, demise and lease unto the said (hereinafter with successors in title designated "the Lessee"), and
admeasurement lawful assigns, all that parcel of land containing by be the same more or less situate in the county of
, parish of , being , as shown on plan
of survey deposited in to hold the same unto the Lessee and lawful assigns, in perpetuity, from the First day of , in the year One thousand nine hundred and , with, under, and subject to the Reservations hereinafter particularly mentioned, and under and subject to the conditions and provisions in the said Act contained, and all other provisions of the said Act therein referred to, or any amendment or amendments of such provisions hereafter be made under the said Act or any of them to be passed, or any Regulation made or which may hereafter be made under the said Act or any of them relating to Perpetual Leases and to the special covenants hereinafter set forth yielding and paying unto Us, Our Heirs and Successors, during the period from the said First day of
to the Thirtieth day of June the rental or sum of and
thereafter the annual rental calculated pursuant to the provisions of section 22B (4) (a) of the said Act payable in advance to The Queensland Housing Commission at its Office in Brisbane, in Our State of Queensland, or at such other place as may from time to time be appointed by The Queensland Housing Commission: It is hereby expressly Agreed and Declared that this Lease is to be read and construed as if all the provisions of the said Act and Regulations at any time in force, relating directly or indirectly to Perpetual Leases were inserted in this Lease as covenants and conditions thereof:
And it is hereby further Declared and Agreed that if the Lessee make default in payment of rent hereby reserved, or any part thereof, at the times and in the manner herein prescribed, or fail to observe or perform the terms, covenants and conditions herein contained or referred to, or any of them, then, and in such case, this Lease shall be liable to be forfeited: Provided always and We do hereby Reserve unto Us, Our Heirs and Successors, all Gold and Minerals (the term "Minerals" to have the same meaning as in the Mining Act 1968-1983) on and below the surface of the said land, and all Mines of Gold Minerals and Coal on and below the surface of the said Land: And We do hereby also Reserve unto Us, Our Heirs and Successors, and to such persons as shall from time to time be duly authorised by Us in that behalf, the·rree right and privilege of access, including ingress, egress and regress, into, upon, over, and out of the said Land, for the purpose of searching for or working Gold Minerals and Coal, or any of them, or Mines of Gold Minerals and Coal, or any of them, in any part of the said Land: And We do hereby also Reserve unto Us, Our Heirs and Successors, all Petroleum (the term "Petroleum"
to have the same meaning as in the Petroleum Act 1923-1985), on or below the surface of the said Land: And also all rights of access for the purpose of searching for and for the operations of obtaining Petroleum in any part of the said Land: And also all rights of way for access and for pipe lines and other purposes requisite for obtaining and conveying Petroleum in the event of Petroleum being obtained in any part of the said Land: And We do further Reserve the right of any person duly authorised in that behalf
First Sch. f.2 STATE HOUSING REGULATIONS 1986 First Sch. f.2 11 by the Governor of Our said State in Council at all times to go upon the said Land, or any part thereof, for any purpose whatsoever, or to make any survey, inspection, or examination of the same: And it is hereby further Declared and Agreed that this Lease shall be subject to the following special covenants binding upon the Lessee:-
1. The Lessee shall within the period of months from the date hereof at own cost in all respects in a substantial manner and with materials of the best descriptions of the several kinds in compliance with the Acts, Regulations, Ordinances and By-laws applicable thereto and in accordance with plans and specifications to be approved by The Queensland Housing Commission (hereinafter called
"the said Commission") build and finish fit for immediate occupation to the satisfaction of the said Commission on the said Land a with proper offices outbuildings walls fences sewers drains connections and other conveniences and appurtenances: Provided always that if the Lessee shall be prevented from finishing the said and works through labour disputes or other causes beyond control shall be allowed such a reasonable extension of time for the completion of the works as the said Commission shall in writing certify:
And provided further shall not without the written consent of the said Commission erect or build or permit to be erected or built any other buildings or erections or at any time make any alterations to the said or other works.
2. Forthwith on the completion of the said and works the Lessee shall use and keep in use the said premises for carrying on the business of
and shall not carry on or permit to be carried on on the demised premises any other business or trade without the written permission of the said Commission or cause or permit any public or private nuisance or any thing which shall cause unnecessary annoyance inconvenience or disturbance to the occupier of neighbouring premises.
2A. The Lessee may sublease the said premises at any time and from time to time with the written permission of the Commission for the purpose of securing the performance by the Lessee of the purpose for which the said premises were made available.
3. The Lessee shall at all times at own cost in all respects keep and maintain the demised premises in proper repair order and condition to the satisfaction of the said Commission and observe perform and comply with all proper requirements whether statutory or otherwise of all duly constituted authorities on the part of the Lessee to be observed performed and complied with relating to the demised premises and the maintenance and use thereof.
4. The Lessee shall permit the said Commission and its architects inspectors or agents with or without workmen and others at all reasonable times to enter upon the demised premises to view the state and progress of the said works or to inspect and test materials and workmanship or to inspect the state of repair and condition of the said premises and/or for the purpose of ascertaining whether the Lessee is duly observing performing and fulfilling all and every the conditions covenants and restrictions on part whether positive or negative herein contained or implied or for any other reasonable purpose and the said Commission may serve upon the Lessee a notice in writing of any want of repair and condition there found and for which the Lessee shall be liable hereunder requiring the Lessee to make good within a time specified in such notice any such want of repair or condition and the Lessee shall make good in accordance with the provisions of any such notice any such want of repair or condition.
If the Lessee shall make default in complying with any of the pr()visions of such notice within the time specified the .said Commission may without prej,adice to anything hereinbefore contained enter upon the demised premises and make ,good .the want of repair and condition specified therein and the amount of the expenses ii:ncur.red by it shall be paid by the Lessee to the said Commission at its said office or at such c0ther place as may from time to time be appointed by the said Commission and in default of payment on demand in writing by the said Commission served either personally or by posting the same to the Lessee at last known place of abode the said amount of expenses shall be recoverable from the Lessee by Her Majesty.
IN testimony whereof, We have caused this Our Lease to be Sealed with the Seal of Our said State.
Witness Our Trusty and Well-beloved His Excellency the Honourable Sir Walter Benjamin Campbell, one of Her Majesty's Counsel learned in the law, Governor in and over the State of Queensland in the Commonwealth of Australia, at Government House,
12 First Sch. f.3 STATE HOUSING REGULATIONS 1986 First Sch. f.3
Brisbane, in Queensland aforesaid, this day of ,
in the year of Our Reign, and in the year of Our Lord One thousand nine hundred and
Form 3 Queensland
State Housing Act 1945-1986 (s. 24) State Housing Regulations 1986 (r. 10 (7))
CERTIFICATE OF PERFORMANCE
The Queensland Housing Commission hereby certifies that the within named has fully performed the Contract of Sale of the home erected on the land comprised in the withm Lease.
Dated the day of , 19 .
, the person duly authorised in that behalf in the presence of
Given under the Corporate Seal of The}
Queensland Housing Commission by
Dealing No.:
Second Sch. STATE HOUSING REGULATIONS 1986 Second Sch. 13
Second Schedule
[Further substituted by regulations published Gazette 30 June 1990, pp. 1378-1382 (as from 1 July 1990)o]
Item No.
FEES
Item or Service for which fee is to be charged Fee
$
( 1) Processin~ an application for an advance for the erection of a dwelhng-house or the rebuilding of a home pursuant to Section 23 of the Act-
(a) Application fee (including first inspection) 0 0 0 0 510.00 Provided that-
(i) If an application lapses or is withdrawn by the applicant before the land is inspected by the Commission such fee, less $115.00 shall be refunded;
(ii) If an application lapses or is withdrawn by the applicant or is declined by the Commission after the land is inspected such fee, less $185.00 shall be refunded;
(iii) If an application lapses or is withdrawn by the applicant after he has accepted the offer of a loan from the Commission and the Commission has prepared the mortgage documents, such fee, less $280.00 shall be refunded;
(b) For each additional inspection by the Com-
mission 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 70.00
(2) Processing documents:
(a) Application for consent of the Commission to
any transfer of a dwelling-house or home 0 0 0 0 190.00 (b) transfer of the fee-simple of land pursuant to
section 24 (7) (a) (ii) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 190.00 (c) Entry of transmission by death or bankruptcy,
record of death, record of marriage, or correction of name, on a contract of sale for purchase of a house with freehold land under Part IV of the
Act 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 75.00
14 Second Sch. STATE HOUSING REGULATIONS 1986 Second Sch.
Item No.
FEES-continued
Item or Service for which fee is to be charged (d) Entry pursuant to any direction, licence or order
of any Court in respect of a contract of sale for purchase of a house with freehold land under
Fee
$
Part IV of the Act . . . . . . . . . . . . . . . . . . . . . . 75.00 (e) Assignment of a contract of sale for purchase of
a house with freehold land under Part IV of the
Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00
(3) Processing leases:
(a) Issue of special lease, perpetual lease or freeholding
lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00 (b) Issue of provisional lease . . . . . . . . . . . . . . . . 75.00 (c) Request to subdivide land comprised in a lease-
for each lot or parcel . . . . . . . . . . . . . . . . . . . . 75.00 (d) Issue of subdivisional lease-for each lot or
parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00
(e) Transfer of a lease- 75.00
Plus for every $10,000.00 or part thereof by which the consideration or value, whichever
is the greater, exceeds $150,000.00 . . . . . . . . 15.00 (f) Registering mortgage of a lease or sublease . . . . 75.00 (g) Registering a transfer, discharge or deed of
postponement or variation of a mortgage in respect
of any lease or sublease . . . . . . . . . . . . . . . . . . 75.00 (h) Registering cancellation, surrender, transfer or
sublease in respect of any lease . . . . . . . . . . . . 75.00 (i) Recording marriage of a female lessee on a lease
or document . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00 (j) Recording death of a joint tenant on a lease ot
document . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00 (k) Registration of a transmission by death or
bankruptcy of a lessee, sublessee or mortgagee 75.00 (1) Registration of a transfer of a lease or mortgage
of a lease pursuant to any direction, licence or
order of a court . . . . . . . . . . . . . . . . . . . . . . . . 75.00 (m) Request to register a Power of Attorney or Warrant
of Execution, or request to cancel registration of
same . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00
Second Sch. STATE HOUSING REGULATIONS 1986 Second Sch. 15
Item No.
FEES-continued
Item or Service for which fee is to be charged (n) Registration of any easement-for each lease
affected by such easement (including both dominant and servient tenements) ... . ( o) Alteration or correction of a lease . . . . . . . (p)
(q)
Amalgamation of contiguous leases . . . . . . . . . . Each endorsement on lease in respect of conversion of tenure to freehold . . . . . (r) Each certified copy of a lease . . . (s) Request to dispense with the production of a lease or document . . . . . . . . . . . . . . . . . . . . . . (t) Lodgement of instrument of trust produced for notation purposes . . . . . . . . . . . . . . . . .
Fee
$
75.00 75.00 75.00 75.00 75.00 75.00 15.00
(4) Miscellaneous:
(b)-
(a) Lodgement in the Department of Freehold Land Titles or in any other Registry Office of any document or documents in respect of the one dealing ... ..
(i) certified copy of a document-
55.00
-First five folios or part thereof . . . . . . . . . . 24.00 -For each additional folio or part thereof 6.00 (ii) Machine copy of a document-
For each sheet.. .. .. .. .. .. .. .. .. .. .. .. .. 1.50 Provided that the minimum charge shall be $6.00
(c) For each requisition of a document lodged for
registration . . . . . . . . . . . . . . . . . . . . . . . 20.00 (d) For inspection of a any document or register . . 6.00 (e) For each document forwarded by certified mail 5.00
Each additional document forwarded by
certified mail . . . . . . . . . . . . . . 2.00 (f) Additional fee for processing any document
received for registration through the mail or
delivered under cover . . . . . . . . . . . . . 17.00
16 Second Sch. STATE HOUSING REGULATIONS 1986 Second Sch.
Item No.
FEES-continued
Item or Service for which fee is to be charged (5) Processing an application for an advance for the purchase
of a house and land pursuant to Section 23A of the Act-
Fee
$
(a) Application fee provided that- 440.00 (i) If an application lapses or is withdrawn by the
applicant before the house and land is inspected by the Commission such fee, less $115.00 shall be refunded;
(ii) If an application lapses or is withdrawn by the applicant or is declined by the Commission after the house and land is inspected such fee, less $185.00 shall be refunded;
(iii) If an application lapses or is withdrawn by the applicant after he has accepted the offer of a loan from the Commission and the Commission has prepared the mortgage documents, such fee, less $280.00 shall be refunded;
(b) For each additional inspection by the Com-
mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00
( 6) Processing an application for an advance for the purchase of a house and land pursuant to Section 24 of the Act-
(a) An application fee provided that- 440.00 (i) If an application lapses or is withdrawn by the
applicant before the offer of a loan from the Commissioner, such fee, less $115.00 shall be refunded to the applicant:
(ii) If an application lapses or is withdrawn by the applicant after the offer of a loan has been accepted by the applicant, and mortgage documents prepared, such fee, less $185.00 shall be refunded to the applicant.
(7) Other:
(a) • Sale by the Commission of property on behalf of a borrower or purchaser from the Commission
• Sale by the Commission as mortgagee
Second Sch. STATE HOUSING REGULATIONS 1986 Second Sch. 17
Item No.
FEES-continued
Item or Service for which fee is to be charged Fee
$
• Sale by the Commission by reason of the cancellation or other determination of a contract of sale
A commission at the rate prescribed at the material time by regulation 55 of tlie Auctioneers and Agents Regulations 1986, upon the sale of such property:
(b) The Commission entering into possession of property
(c) Processing a new tenancy agreement in respect of a person on whom a Warrant of Possession has issued pursuant to Section 43A of the Act (d) For any cheque dishonoured ... . (e) Paying insurance premium on behalf of a borrower or purchaser from the Commission: in addition to the premium . . . . . . . . . . . . . . . . . . . . . . . .
Actual expenses incurred with a minimum of 160.00
150.00 11.00 26.00
(8) Preparing a statement of account ... . 13.00
BY AUTHORITY
R. G. GILES, ACI'ING GOVERNMENT PRINTER, QUEENSLAND-1990 112263 (RIUI99) 10/89
INDEX
TO THE
STATE HOUSING REGULATIONS 1986
A
Account-
Commission may charge fee for statement of . Applicant-
for advance-
to be responsible for payment to vendor re amount in excess thereof
to lodge contract deposit with Commission by amount in excess thereof ..
for purchase of house from Commission-
to pay required deposit prior to signing of contract for purchase of land from Commission-
to pay required deposit prior to signing of agreement Arrangement of regulations
B
Borrower-
prescribed covenants of to be inserted in bill of mortgage, etc., on behalf of ..
to be furnished with payment book
to forward payment book to Commission when required to give notice to Commission re loss of payment book to make entries in payment book
to make payments to authorised officer ..
c
Citation of regulations Commission-
applicant for advance from-
to be responsible for payment to vendor re amount in excess thereof
to lodge contract deposit with Commission by amount in excess thereof
applicant for purchase of house from-
to pay required deposit prior to signing of contract applicant for purchase of house and land from-
to execute contract of sale or mortgage applicant for purchase of land from-
to pay required deposit prior to signing of agreement contract of sale re sale of house and land for freeholding lease
tenure-
certificate of performance of, may be endorsed on lease instrument oflease to be retained by, until performance of notations may be made upon, by
delivery of notices by
documents and dealings to be lodged with how notices to be addressed when sent to
may charge fee re request to provide statement of account ..
may require person to forward payment book to
reg. 13
7 (2).
7 (I) ..
7 (3).
7 (4).
14 12 (I).
12 (3).
12 (4).
12 (2).
12 (2).
7 (2).
7 (!).
7 (3).
8 (I).
7 (4).
10 (7) ..
10 (!) ..
10 (5) ..
II (3) 10 (6) ..
II (2).
13 12 (4) ..
Page
2 2 2 2
2
2 2
4 4 4 5 4 5 5 5
20 INDEX
Commission-continued renting of house from-
calculation of rent re conditions re . . . .
tenant to execute tenancy agreement re terms re .. .. .. .. .. .. ..
to furnish borrower, etc., with payment book ..
to keep register of instruments of leases ..
to publicly advertise notices re intention to auction land to register contract of sale executed re purchase of house and land
from ..
Contract-
applicant for purchase of house from Commission- to pay required deposit prior to signing of Contract of sale-
for purchase of house and land from Commission-
applicant to execute ..
to be executed in duplicate and registered by Commission ..
prescribed covenants to be inserted in
re sale of house and land for freeholding lease tenure- certificate of performance of, may be endorsed on lease instrument of lease to be retained by Commission until per-
formance of .. .. .. .. .. ..
notations may be made. upon, by Commission Covenants-
to be inserted in every bill of mortgage, contract of sale, etc.
F
Fees-
Commission may charge, for statement of account Schedule to set out matters for which, are payable Forms-
applicability of. . . . completion of ..
re-
certilicate of performance to be endorsed upon lease instrument of lease re sale of house and land for freeholding
lease tenure .. .. .. .. ..
perpetual.town lease of land for industry, trade or business reference to;. in: res!llations. . . . . . . . . . .
H
House. See also; Instrument of lease:. Land;
applicant for pw:chaseo of, from. CGmmission.- to. pay1 req)ili:ed: deposit pt:iar to. sigoing- of contract applicant for· pw:chase-of land and;, from Commission-
to execuli:. contract of sale; or· mortgage·
renting ot;;....
a!lcutatii:ln of rent re . . . . . . . .
COnditioDB re
tenant to execute tenaney qreement re
terms re
Instrument of lease-
I
Commission to keep register re . . . . . . . . . . re provision of land for industry, trade or business
reg. 9 (I) ..
9 (4) ..
9 (3) ..
9 (2) ..
12(1) ..
10 (3) ..
11 (I) ..
8 (2) ..
7 (3) . . .
reg.
reg.
8 (I) ..
8 (2) ..
14 10 (7) ..
10(1) ..
10 (5) ..
14
13
6, Second Sch.
5 (I) .. ..
5 (2) .. ..
First Sch. f. 3 First Sch. f. I First Sch. f. 2
5 (3) ..
7 (3) ..
8.
9 (1) ...
9(4} ...
9 (3) ..
9 (2) ..
10 (3) ..
10 (2) ..
..
Page
3 3 3 3 5 4 5 2
2
2 2 6 4 4 4
6
5 2, 13
2 2 12 8 10 2
2·
2 3 3 3 3
4 4
INDEX
Instrument of lease-continued
re sale of house and land for freeholding lease tenure ..
certificate of performance of, may be endorsed on ..
form re . . . . . . . . . . . . . . . . . . . . request for transmission by death re ..
to be retained by Commission until contract of sale performed.. . . . . . . . . . .
transmission by death re, where no will register re, to be open for public inspection to be issued in duplicate
L
Land-
applicant for purchase of, from Commission- to pay required deposit prior to signing of agreement applicant for purchase of house and, from Commission-
to execute contract of sale or mortagage . . . . . . . .
M
Mortgage-
prescribed covenants of to be inserted in ..
N
Notices-
Commission to publicly advertise re intention to auction land delivery of, hy Commission . . . . . . . . . . . . how to be addressed when sent to Commission
to be given to Commission re loss of payment book . . . . . .
p
Payment book- borrower, etc.,-
to be furnished with . . . . . . . . . . to forward, to Commission when required to give notice to Commission re loss of to make entries in . . . . . . . . . . . . Purchaser-
prescribed covenants of to be inserted in bill of mortgage, etc., on behalf of . . . . . . . . . . . . . . . .
to be furnished with payment book . . . .
to forward payment book to Commission when required to give notice to Commission re loss of payment book to make entries in payment book
to make payments to authorised officer . . . .
R
Register-
Commission to keep-
re contracts of sale, for purchase of house and land re instruments of leases
to be open for public inspection . . . .
reg. 10 (I) . . . . 10 (7).. . . First Sch. f. I reg. 10 (8) ..
10 (I) ..
10 (9) ..
10 (4) ..
10 (3) ..
7 (4) ..
8
14
11 (I) ..
11 (3) ..
11 (2) ..
12 (4) ..
12 (I) ..
12 (3) ..
12 (4) ..
12 (2) ..
14 12 (I) ..
12 (3) ..
12 (4) ..
12 (2) ..
12 (2) ..
8 (2) ..
10 (3) ..
10 (4) ..
Page 21
4 4 8 4 4 4 4 4
2 2
6
6 5 5 5 5 5
2 4 4
22
Regulations- arrangement of.
citation of ..
Renting of house from Commission- calculation of rent re
conditions re ..
tenant to execute tenancy agreement re terms re
State Housing Regulations of 1945- repeal of ..
Tenancy agreement-
INDEX
s
T
tenant to execute re renting of house from Commission Tenant-
to be furnished with payment book
to forward payment book to Commission when required to give notice to Commission re loss of payment book to make entries in payment book
to make payments to authorised officer The Act-
meaning of term
BY AUTHORITY reg.
9 (I) ..
9 (4) ..
9 (3) ..
9 (2) ..
2
9 (3)
12 (I).
12 (3) ..
12 (4) ..
12 (2) ..
12 (2) ..
4
R. G. GILES, ACTING GOVERNMENT PRINTER, QUEENSLAND-1990
101960 (ijul99)-3j90
Page
3 3 3 3
