Defence Service Homes Act 1918
No. 43, 1918
Compilation No. 31
Compilation date: 15 February 2025
Includes amendments: Act No. 10, 2025
About this compilation
This compilation
This is a compilation of the Defence Service Homes Act 1918 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
4 Interpretation
4AAA Regular Serviceman
4AAB National Serviceman
4AA Extension of Act to Norfolk Island
4AB Joint ownership
4A Eligible person and spouse or de facto partner may be treated together as eligible person
4BA Election to surrender eligible status
4BB Revocation of election to surrender eligible status
4B Approval of Bank agreement
4C Compensation for acquisition of property
4D Exclusion of Consumer Credit Codes in relation to subsidised advances
4E Application of the Criminal Code
Part II—Administration
6 Delegation by Minister
6A Delegation by Secretary
6B Transfer of portfolio assets to the Bank
6C Dealings relating to vested portfolio assets
6D Transfer of certain other assets to Commonwealth
Part III—Notices of eligibility, certificates of entitlement and certificates of assignment
15 Applications for notices and certificates
16 Notice of eligibility
17 Certificate of entitlement: advances
17A Criteria for issue of certificate of entitlement: joint ownership
18 Criteria for issue of certificate of entitlement: advances other than widow or widower advances, advances for essential repairs and home support advances
19 Criteria for issue of certificate of entitlement: further advance
20 Criteria for issue of certificate of entitlement: widow or widower advances
21 Criteria for issue of certificate of entitlement: advances made for essential repairs
21A Criteria…
Overview
The Defence Service Homes Act 1918, enacted by the Parliament of Australia, was introduced to address the need for providing housing assistance to members of the Defence Force and other eligible persons, particularly those who served in various wars and operations. This Act facilitates the acquisition of homes by eligible individuals through subsidised advances, certificates of entitlement, and other related benefits. It also establishes the Defence Service Homes Insurance Scheme for insurance of dwellings and rights of residence in retirement villages. The Act ensures that eligible recipients can access financial support for home ownership, thereby promoting stability and welfare for veterans and their families. The enactment aimed to streamline and formalise the process of home ownership assistance for defence personnel and their dependents, ensuring that the benefits are provided efficiently and effectively.
Scope and Application
The Defence Service Homes Act 1918 (Act) is a Commonwealth statute that provides assistance to members of the Defence Force and certain other persons, including war veterans, munition workers, war workers, and others, to acquire homes. It applies to eligible persons, their spouses or de facto partners, and widows or widowers of deceased eligible persons, allowing them to receive subsidies on advances for home purchases, renovations, and other related purposes. The Act also extends to Norfolk Island. Certain terms and definitions, such as "Australian Soldier," "Munition Worker," "War Worker," and "Eligible Person," are specified within the Act to clarify the scope of its application. The Act’s provisions are not subject to state or territory Consumer Credit Codes, except as explicitly stated. It operates under the Commonwealth jurisdiction and includes provisions for the administration of portfolio assets, interest rates, and the Defence Service Homes Insurance Scheme, among other things. The Act does not apply to certain members of the Defence Force who enlisted after 14 May 1985, and it excludes specific categories of contracts and agreements from its purview. The Act's application can be modified or extended through subordinate instruments, and certain provisions cannot be revoked or amended without the agreement of both parties. The Act includes provisions for the vesting of assets to Westpac Banking Corporation and the transfer of liabilities and obligations under specific conditions. The application of the Criminal Code to offences under the Act ensures that any violations are subject to criminal penalties. The scope and specific provisions of the Act are further detailed in various schedules and amendments, which outline the operational aspects, rights, and obligations of the involved parties.
Key Provisions
- The Defence Service Homes Act 1918, as amended, governs the provision of assistance to eligible persons, defined as Australian soldiers, munition workers, war workers, members of the Young Men's Christian Association who served abroad during the First World War, and others, to acquire homes or related services. The Act also extends to Norfolk Island and allows for joint ownership of property by eligible persons and their spouses or de facto partners. Eligible persons can apply for notices and certificates of eligibility for subsidised advances, which are subject to specific criteria and conditions, such as ensuring the advance is not for the purchase of a property already owned by the applicant or their spouse or de facto partner. The Act details the rates of interest, maximum terms, and conversion processes for these advances.
- The Act imposes several obligations on the parties involved. It mandates the Secretary to issue notices and certificates of eligibility to applicants who meet the specified criteria, ensuring that any joint ownership arrangements comply with the Act's provisions. Additionally, the Secretary must ensure that all dealings with vested portfolio assets adhere to the terms set out in the agreement between the Commonwealth and the Bank. The Act also requires the Minister to determine the vesting dates for portfolio assets and to transfer these assets to the Bank, subject to certain conditions and the approval of the agreement by the Secretary. Furthermore, the Act outlines procedures for the transfer and sale of property subject to subsidised advances, including the need for certificates of entitlement.
- Breaches of the Act can result in serious consequences. For instance, using certain words like "War Service Homes" or "Defence Service Homes" without authority can lead to an offence with a penalty of one penalty unit. The Act also provides for the cancellation of subsidies under various circumstances, such as false statements, improper transfers of property, or the death of the eligible person. Additionally, the Act mandates the reporting and recovery of subsidies, with potential interest charges if the subsidy is not paid back within the stipulated time. Defaulting on these obligations can lead to legal action, with the courts having the authority to review and reopen unjust transactions, annul unconscionable fees and charges, and impose penalties for non-compliance. These penalties and consequences underscore the importance of adhering to the Act's provisions and maintaining the integrity of the assistance provided.
- Area of Law
- Veterans’ Affairs
- Housing Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Subsidy on Advances
- Licensing & Registration
- Enforcement Powers
- Delegation by Minister
- Regulatory Standards
- Financial Instruments