Defence Service Homes Amendment Act (No. 2) 1980 (Cth)

Defence Service Homes Amendment Act (No. 2) 1980

No. 128 of 1980

 

An Act to amend the Defence Service Homes Act 1918

[Assented to 19 September 1980]

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

Short title, &c.

1. (1) This Act may be cited as the Defence Service Homes Amendment Act (No. 2) 1980.

(2) The Defence Service Homes Act 1918 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Arrangement for sewerage, water, gas and electricity services

3. Section 18a of the Principal Act is amended—

(a) by inserting after sub-section (1) the following sub-section:

“(1a) The Corporation shall not enter into an arrangement of a kind referred to in sub-section (1) after the commencement of this sub-section.”;

(b) by omitting from sub-paragraph (i) of paragraph (b) of sub-section (3a) “or, if, when the cost is allotted to the dwelling house, another rate is prescribed for the purposes of section 30, that other rate”; and

(c) by omitting from sub-paragraph (ii) of paragraph (b) of sub-section (3a) “or if, when the cost is so allotted, another rate is prescribed for the purposes of section 30, that other rate”.

Sale of dwelling-houses

4. Section 19 of the Principal Act is amended by omitting from sub-section (4) “$15,000” (twice occurring) and substituting “$25,000”.

Maximum advances

5. Section 21 of the Principal Act is amended—

(a) by omitting from sub-section (1) “$15,000” and substituting “$25,000”; and

(b) by omitting from sub-section (1a) “$15,000” and substituting “$25,000”.

Rates of interest chargeable on purchases or advances

6. (1) Section 30 of the Principal Act is amended—

(a) by omitting sub-section (2) and substituting the following sub-section:

“(2) Subject to the succeeding provisions of this section, where the Corporation enters into a contract of sale or advance with a purchaser or borrower under which the amount of advance is in excess of $12,000—

(a) if the amount of advance does not exceed $15,000—the rate of interest to be charged to the purchaser or borrower in respect of so much of the amount of advance as exceeds $12,000 is 7.25 per centum per annum; and

(b) if the amount of advance exceeds $15,000—the rate of interest to be charged to the borrower is—

(i) in respect of so much of the amount of advance as exceeds $12,000 but does not exceed $15,000—7.25 per centum per annum; and

(ii) in respect of so much of the amount of advance as exceeds $15,000—10 per centum per annum.”;

(b) by adding at the end of sub-section (3) “and a reference in sub-section (2) of this section to $15,000 shall be read as a reference to an amount equal to the product of the number of those persons and $15,000”;

(c) by omitting from sub-section (4) “sub-section (5)” and substituting “sub-sections (5) and (5a)”;

(d) by omitting from sub-section (4) “advance is the prescribed rate” and substituting:

“advance is—

(e) if the approval referred to in paragraph (b) was given by the Minister before 20 August 1980—7.25 per centum per annum; and

(f) if the approval referred to in paragraph (b) was or is given by the Minister on or after 20 August 1980—10 per centum per annum”;

 

(e) by inserting after sub-section (5) the following sub-section:

“(5a) Where, at the time when the balance referred to in sub-section (4) (in this sub-section referred to as ‘the balance’) was paid to the Corporation, one rate of interest (in this sub-section referred to as ‘the first rate of interest’) was payable in respect of a part of the balance (in this sub-section referred to as ‘the first part of the balance’), another rate of interest (in this sub-section referred to as ‘the second rate of interest’) was payable in respect of another part of the balance (in this sub-section referred to as ‘the second part of the balance’) and another rate of interest (in this sub-section referred to as ‘the third rate of interest’) was payable in respect of the remaining part of the balance, the rate of interest to be charged, in respect of the amount that is expressed by sub-section (4) to be chargeable at the rate of interest that, at that time, was payable in respect of the balance, is—

(a) in respect of a part of that amount that bears the same proportion to the whole of that amount as the first part of the balance bears to the whole of the balance—a rate equal to the first rate of interest;

(b) in respect of another part of that amount that bears the same proportion to the whole of that amount as the second part of the balance bears to the whole of the balance—a rate equal to the second rate of interest; and

(c) in respect of the remaining part of that amount—a rate equal to the third rate of interest.”;

(f) by omitting from sub-section (6) “him” and substituting “it”;

(g) by omitting from sub-section (6) “amount of that additional assistance is the prescribed rate” and substituting:

“amount of that additional assistance is—

(a) in a case where that additional assistance is granted in pursuance of an application received before 20 August 1980—7.25 per centum per annum; and

(b) in a case where that additional assistance is granted in pursuance of an application received on or after 20 August 1980—10 per centum per annum”; and

(h) by omitting sub-section (7).

Storage of goods found in dwelling-houses

7. (1) Section 30b of the Principal Act is amended by omitting from paragraph (d) of sub-section (7) “7.25 per centum per annum or if, when the amount becomes payable, another rate is prescribed for the purposes of section 30, that other rate” and substituting “10 per centum per annum”.

(2) Notwithstanding the amendment made by sub-section (1), paragraph 30b(7)(d) of the Principal Act continues to apply in relation to amounts that became payable before the commencement of this section.

Property to be kept in repair until payment in full

8. (1) Section 31 of the Principal Act is amended by omitting from paragraph (a) of sub-section (2) “7.25 per centum per annum or if, at the time that the repairs are effected, another rate is prescribed for the purposes of section 30, that other rate” and substituting “10 per centum per annum”.

(2) Notwithstanding the amendments made by sub-section (1), paragraph 31 (2) (a) of the Principal Act continues to apply in relation to expenses with respect to repairs effected before the commencement of this section.

Action on instalments being overdue

9. (1) Section 36 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) “his” and substituting “its”;

(b) by omitting from paragraph (b) of sub-section (1) “he” and substituting “it”; and

(c) by omitting from paragraph (a) of sub-section (1c) “7.25 per centum per annum or if, at the time that the repairs are effected, another rate is prescribed for the purposes of section 30, that other rate” and substituting “10 per centum per annum”.

(2) Notwithstanding the amendments made by sub-section (1), paragraph 36(1c)(a) of the Principal Act continues to apply in relation to expenses with respect to repairs effected before the commencement of this section.

Payment of rates, &c., payable by purchaser or borrower

10. (1) Section 48ab of the Principal Act is amended by omitting from paragraph (b) of sub-section (2) “7.25 per centum per annum or if, when that amount became payable, another rate is prescribed for the purposes of section 30, that other rate” and substituting “10 per centum per annum”.

(2) Notwithstanding the amendments made by sub-section (1), paragraph 48ab(2)(b) of the Principal Act continues to apply in relation to amounts that became payable before the commencement of this section.