Defence Force (Home Loans Assistance) Regulations 1991 (Cth)

Defence Force (Home Loans Assistance) Regulations 1991

Statutory Rules 1991 No. 130 as amended

made under the

Defence Force (Home Loans Assistance) Act 1990

This compilation was prepared on 1 July 2008

taking into account amendments up to SLI 2008 No. 138

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

      1Name of Regulations [see Note 1]

 These Regulations are the Defence Force (Home Loans Assistance) Regulations 1991.

2Commencement

 These Regulations are taken to have commenced on 15 May 1991.

3Interpretation

 In these Regulations, unless the contrary intention appears:

Act means the Defence Force (Home Loans Assistance) Act 1990.

Defence Determination means Defence Determination 2005/15, Conditions of Service, as in force from time to time under section 58B of the Defence Act 1903.

4Continuity of service not affected by taking certain kinds of leave

 For paragraph 7 (1) (a) of the Act, the following kinds of leave are prescribed leave:

• (a)

  compensation leave within the meaning of the Safety, Rehabilitation and Compensation Act 1988;

• (b)

  leave granted to a member who is:

  • (i)

    incapacitated for service or work; and

  • (ii)

    entitled to compensation under Part 3 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004;

• (c)

  maternity leave without pay granted under Part 4 of Chapter 5 of the Defence Determination;

• (d)

  parental leave without pay granted under Part 5 of Chapter 5 of the Defence Determination;

• (e)

  leave without pay granted under Division 1 of Part 8 of Chapter 5 of the Defence Determination of the kind mentioned in clause 5.8.5 of that Determination;

• (f)

  part‑time leave without pay granted under Division 2 of Part 8 of Chapter 5 of the Defence Determination.

5Compensable disability

 For the purposes of paragraph (c) of the definition of compensable disability in section 3 of the Act, the following Commonwealth laws are prescribed:

• (a)

  the Compensation (Commonwealth Government Employees) Act 1971, as in force from time to time before its repeal;

• (b)

  the Repatriation Act 1920, as in force from time to time before its repeal;

• (c)

  the Repatriation (Far East Strategic Reserve) Act 1956, as in force from time to time before its repeal; and

• (d)

  the Repatriation (Special Overseas Service) Act 1962, as in force from time to time before its repeal.

6Use and disclosure of personal information – prescribed purposes

 For subsection 36A (2) of the Act, the following purposes are prescribed:

• (a)

  determining a person’s eligibility for a subsidy under the Defence Home Ownership Assistance Scheme Act 2008, including whether or not a member continues to be eligible;

• (b)

  determining the amount of a person’s subsidy, including correcting or updating the member’s subsidy amount;

• (c)

  deciding whether or not to authorise subsidy payments;

• (d)

  identifying errors or overpayments of subsidy;

• (e)

  implementing the findings of the internal review of a decision under the Defence Home Ownership Assistance Scheme Act 2008;

• (f)

  administering eligibility and entitlements under the Act, including correcting or updating the member’s subsidy amount;

• (g)

  any other purpose that is reasonably necessary for the administration of the Act.

Notes to the Defence Force (Home Loans Assistance) Regulations 1991

Note 1

The Defence Force (Home Loans Assistance) Regulations 1991 (in force under the Defence Force (Home Loans Assistance) Act 1990) as shown in this compilation comprise Statutory Rules 1991 No. 130 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1991 No. 130	26 June 1991	15 May 1991
1992 No. 237	29 July 1992	1 Sept 1992	—
2004 No. 376	23 Dec 2004	1 July 2004	—
2005 No. 304	21 Dec 2005 (see F2005L04126)	31 May 2005	—
2008 No. 138	25 June 2008 (see F2008L02220)	1 July 2008	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	am. 1992 No. 237
rs. 2004 No. 376
R. 3.........................................	am. 2004 No. 376; 2005 No. 304
R. 4.........................................	rs. 2004 No. 376
am. 2005 No. 304
R. 5.........................................	ad. 1992 No. 237
R. 6.........................................	ad. 2008 No. 138