Defence Service Homes Amendment Act 1989 (Cth)

Defence Service Homes Amendment Act 1989

No. 86 of 1989

An Act to amend the Defence Service Homes Act 1918

[Assented to 27 June 1989]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Defence Service Homes Amendment Act 1989.

(2) In this Act, “Principal Act” means the Defence Service Homes Act 19181.

Commencement

2. This Act shall be taken to have commenced immediately after the commencement of section 10 of the Defence Service Homes Amendment Act 1988.

Interpretation

3. Section 4 of the Principal Act is amended by omitting from subsection (1) the definitions of “further advance” and “initial advance” and substituting the following definitions, respectively:

“ ‘further advance’ means a subsidised advance to a person who:

(a) has been a purchaser or borrower as defined in this section (as in force before, on or after the commencing day), otherwise than merely because the person is or was the personal representative of a deceased purchaser or borrower as so defined; and

(b) is not such a purchaser or borrower immediately before the advance is made;

‘initial advance’ means a subsidised advance for a purpose referred to in subsection 18 (2) to a person referred to in subsection 18 (1) who is not, and has not previously been, a purchaser or borrower as defined in this section (as in force before, on or after the commencing day), otherwise than merely because the person is or was the personal representative of a deceased purchaser or borrower as so defined;”.

4. Section 19 of the Principal Act is repealed and the following section is substituted:

Certificate of entitlement not to be issued in certain other cases

“19. (1) Except with the approval of the Minister, the Secretary shall not issue a certificate of entitlement in relation to subsidy on a subsidised advance (other than an additional advance, a widow’s advance or an advance for essential repairs) that a prescribed person may seek from the Bank.

“(2) In this section: ‘prescribed person’ means:

(a) a person who is or was at any time a purchaser as defined in section 4 (as in force before, on or after the commencing day), otherwise than merely because the person is or was the personal representative of a deceased purchaser as so defined;

(b) a person who is or was at any time a borrower as defined in section 4 (as in force before, on or after the commencing day), otherwise than merely because the person is or was the personal representative of a deceased borrower as so defined;

(c) a person who executed a mortgage in favour of the Corporation under subsection 19 (6) of this Act, as in force before the commencing day; or

(d) a person to whom an initial advance is taken to have been made under section 37;

but does not include any such person if:

(e) a Corporation advance is or was made to the person at any time after 9 December 1987 for a term of 25 years or less, otherwise than in connection with the execution by the person of a mortgage mentioned in paragraph (c); or

(f) an initial advance (other than one taken to have been made under section 37) or a further advance is or was made to the person at any time.”.

Annual report

5. Section 50b of the Principal Act is amended by omitting from paragraphs (5) (a) and (5) (b) “financial”.

NOTE

1. No. 43, 1918, as amended. For previous amendments, see No. 28, 1919; No. 35, 1920; No. 18, 1923; No. 26, 1925; No. 47, 1926; No. 17, 1927; No. 13, 1929; Nos. 6 and 68, 1932; No. 63, 1934; No. 54, 1935; No. 25, 1937; No. 1, 1941; No. 8, 1946; Nos. 1, 38 and 71, 1947; No. 67, 1948; No. 24, 1949; No. 74, 1951; No. 69, 1954; No. 69, 1955; No. 100, 1956; No. 73, 1961; Nos. 2 and 93, 1962; Nos. 65 and 93, 1966; No. 3, 1967; No. 99, 1968; No. 120, 1971; Nos. 31 and 216, 1973; No. 125, 1974; No. 25, 1975; Nos. 37 and 185, 1976; No. 79, 1977; Nos. 36 and 137, 1978; Nos. 4 and 128, 1980; No. 80, 1982; No. 70, 1983; No. 72, 1984; Nos. 28 and 29, 1986; and No. 124, 1988.

[Minister’s second reading speech made in—

House of Representatives on 5 April 1989

Senate on 23 May 1989