Defence Service Homes Regulations (Amendment) (Cth)

Statutory Rules

1980 No. 297

REGULATIONS UNDER THE DEFENCE SERVICE HOMES ACT

19181

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Service Homes Act 1918.

 Dated this twelfth day of October 1980.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

EVAN ADERMANN

Minister of State for Veterans’ Affairs

_______________

AMENDMENTS OF THE DEFENCE SERVICE HOMES

REGULATIONS2

Commencement

 1.These Regulations shall come into operation on 15 October 1980.

Appropriation of amounts paid to Corporation

 2. Regulation 23 of the Defence Service Homes Regulations is amended—

• (a)

  by omitting from paragraph (d) “a rate higher than that specified in sub-section 30 (1)” and substituting “the rate specified in paragraph 30 (2) (a)”;

• (b)

  by inserting after paragraph (d) the following paragraph:

  • “(da)

    fifth, in payment of interest due by the purchaser or borrower (other than interest to which paragraph (a) applies) in respect of—

    • (i)

      any purchase money or advance under the Act;

    • (ii)

      any costs charged against the purchaser or borrower under sub-section 18A (3) of the Act;

    • (iii)

      any amounts paid by the Corporation on behalf of the purchaser or borrower under paragraph 31 (2) (a) of the Act; and

    • (iv)

      any expenses incurred by the Corporation in effecting repairs under paragraph 36 (1C) (a) of the Act,

  where the interest has accrued at the rate specified in sub-paragraph 30 (2)  (b) (ii) of the Act;”;

• (c)

  by omitting from paragraph (e) “fifth” and substituting “sixth”;

• (d)

  by omitting from paragraph (e) “and” (last occurring);

• (e)

  by omitting from paragraph (f) “sixth” and “a rate higher than that specified in sub‑section 30 (1)” and substituting “seventh” and “the rate specified in paragraph 30 (2) (a)” respectively; and

• (f)

  by adding at the end thereof the following word and paragraph:

  • “; and

    (g) eighth, in payment or repayment, as the case may be, of—

    • (i)

      any purchase money or advance due under the Act;

    • (ii)

      any costs charged against the purchaser or borrower under sub-section 18A (3) of the Act and due under the Act;

    • (iii)

      any amounts paid by the Corporation on behalf of the purchaser or borrower under paragraph 31 (2) (a) of the Act and due under the Act; and

    • (iv)

      any amounts due by the purchaser or borrower under paragraph 36 (1C) (a) of the Act,

• in respect of which interest is payable at the rate specified in sub-paragraph

  30 (2) (b) (ii) of the Act.”.

Payment by applicant of interest on progress payments

 3. Regulation 26 of the Defence Service Homes Regulations is amended by omitting sub‑regulation (2) and substituting the following sub-regulation:

• “(2)

  Interest referred to in sub-regulation (1) is payable—

  • (a)

    where the amount of advance, in the particular case, does not exceed $12,000—at the rate of 3.75 per cent per annum;

  • (b)

    where the amount of advance, in the particular case, exceeds $12,000 but does not exceed $15,000—

    • (i)

      at the rate of 3.75 per cent per annum in respect of so much of the amounts paid in progress payments as equals that portion of the amount of advance that does not exceed $12,000; and

    • (ii)

      at the rate of 7.25 per cent per annum in respect of any further amounts paid in progress payments; and

  • (c)

    where the amount of advance, in the particular case, exceeds $15,000—

    • (i)

      at the rate of 3.75 per cent per annum in respect of so much of the amounts paid in progress payments as equals that portion of the amount of advance that does not exceed $12,000;

    • (ii)

      at the rate of 7.25 per cent per annum in respect of so much of the amounts paid in progress payments as equals that portion of the amount of advance that exceeds $12,000 but does not exceed $15,000; and

    • (iii)

      at the rate of 10 per cent per annum in respect of any further amounts paid in progress payments.”.

Interest

 4. Regulation 44 of the Defence Service Homes Regulations is amended by omitting sub‑regulation (2).

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 14 October 1980.

2. Statutory Rules 1936 No. 74 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 289 and see also