War Service Homes Regulations 1919 (Amendment) (Cth)

STATUTORY RULES.

1919. No. 265

REGULATIONS UNDER THE WAS SERVICE HOMES ACT 1918-1919.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Service Homes Act 1918-1919, to come into operation forthwith.

Dated this twelfth day of November, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. D. MILLEN,

Minister of State for Repatriation.

 

War Service homes Regulations 1919.

(Amendment of Statutory Rules 1919, No. 177, as amended by Statutory Rules 1919, No. 191.)

1. After regulation 19 of the War Service Homes Regulations, the following regulations are inserted:—

Removal of fittings or fixtures.

19a. If the dwelling house or any part thereof or any materials of which it is constructed or any fittings or fixtures thereon or therein are, without the consent in writing of the Commissioner, removed from land subject to a contract of sale or mortgage, the Commissioner may exercise all or any of the powers conferred upon him by section 31 of the Act to the same extent as if after notice in writing by the Commissioner the purchaser or borrower had not complied with the requirements of that section.

Power of Commissioner where purchaser or borrower not an eligible person.

19b. If it is proved to the satisfaction of the Commissioner that at the date of the contract of sale or advance the purchaser or borrower was not an eligible person under the Act the Commissioner may exercise all or any of the powers conferred upon him by section 36 of the Act to the same extent as if an instalment or money payable in respect of the contract of sale or advance had been unpaid for three calendar months next after the time appointed for the payment thereof.

Failure by purchaser or borrower to pay rates, &c.

19c. Upon a failure by a purchaser or borrower to pay as it falls due any sum payable for rates taxes charges assessments or outgoings in respect of the land or dwelling house which is subject to a contract of sale or mortgage the Commissioner may, if he thinks fit, pay the sum due and any sum so paid shall be added to and deemed to be part of the purchase money or advance due under the contract of sale or mortgage and interest at the prescribed rate shall be payable thereon to the Commissioner.

Appropriation of amounts paid to Commissioner.

19d. Whenever any amount is paid to the Commissioner by a purchaser or borrower the amount may be appropriated by the Commissioner—

firstly—in payment of any insurance premiums due by the purchaser or borrower;

secondly—in payment of interest due by the purchaser or borrower; and

thirdly—in payment or repayment as the case may be of the purchase money or advance.

 

Inspection and valuation of land and dwelling house.

19e. Every purchaser and every borrower shall for the purposes of section 46 of the Act at all times permit any inspector or valuer of the Commissioner to enter upon and view the land or land and dwelling house in respect of which the contract of sale has been entered into or the advance has been made, and if the occupier of the land or the land and dwelling house fails or refuses on demand to permit an inspector or valuer so to enter and view or if the land or land and dwelling house is unoccupied the inspector or valuer may enter if necessary by force upon and view the land or land and dwelling house.

2. The War Service Homes Regulations are amended by adding at the end thereof the following Parts and Schedule:—

Part VII.—Advances on Mortgage for the Purpose of Homes.—

Division 1.—General.

Purpose of advance to be specified.

26. Each application for an advance shall specify the purpose for which the advance is required and the amount of the advance required.

Advance not to be made until mortgage executed.

27. No advance shall be made and no instalment thereof shall be paid until the borrower has executed a mortgage in accordance with a form and containing conditions approved by the Commissioner and securing the full amount of the advance.

Plans and specifications.

28. The plans and specifications of a dwelling house, in respect of which an application for an advance is made for any of the purposes specified in paragraphs (a), (b), (d) and (e) of section 20 of the Act, shall comply with the following conditions:—

(a) Each plan shall show:—

(i) a plan of the building, section and two elevations;

(ii) general construction; and

(iii) figured dimensions.

(b) Every specification shall clearly describe the whole of the work and materials required for carrying out the construction of the building.

Account of disbursement of advance.

29. The borrower shall whenever required so to do by a Deputy Commissioner or by a State Savings Bank or other institution prescribed under section 50 of the Act furnish a full and true account, verified by statutory declaration, of the manner in which the advance or any instalment thereof has been disbursed.

Division 2.—Advances by Instalments.

Advances by instalments.

30. Advances may be made by instalments for the purpose of erecting completing or enlarging dwelling houses.

Definition of “work.”

31. In this division of this Part the word “work” means the work of erecting completing or enlarging a dwelling house.

Application for advance by instalments.

32. The applicant for an advance by instalments shall in his application state the approximate number of instalments he will require and the date of completion of the work for which the advance is required.

Notice for payment of instalment.

33. Whenever an applicant for an advance or a borrower desires payment of an instalment or further instalment of an advance he shall give to the Commissioner notice in writing of such desire.

Certificates of Value.

34. (1) The Commissioner may authorize officers to give certificates of value of dwelling houses which are being erected completed or enlarged.

(2) A certificate of value signed by an authorized officer and approved by the Deputy Commissioner shall as against the applicant for an advance or the borrower be conclusive evidence of the value of the dwelling house at the date of the certificate.

Amount of instalments.

35. The amount of any instalment of an advance shall not exceed 90 per centum of the value of the dwelling house as certified by a certificate of value under these Regulations less all amounts previously advanced under the Act in respect of the dwelling house and unrepaid.

Valuation fee.

36. The borrower shall for each certificate of value given for the purpose of an instalment pay to the Commissioner such valuation fee (if any) as is fixed by the Commissioner.

Deduction of valuation fee from amount of instalment.

37. The Commmissioner may, if he thinks fit, deduct the valuation fee from the amount of the instalment and in that case the borrower shall, notwithstanding the deduction, be deemed to have received the instalment in full.

Preservation of dwelling house.

38. The applicant for an advance or the borrower shall at all times during the progress of the work to the best of his ability preserve the dwelling house from destruction or damage.

Time of payment of instalments.

39. No instalment of an advance shall be paid after the expiration of the time specified in the application for the completion of the work unless the Commissioner approves in writing of the payment.

Failure by borrower to proceed with work satisfactorily.

40. If an applicant for an advance or a borrower—

(a) fails to proceed with the work at a rate and in a manner satisfactory to the Commissioner; or

(b) fails to proceed with the work in accordance with the plans and specifications of the dwelling house approved by the Commissioner,

the Commissioner may—

(i) by notice in writing require the applicant or borrower to proceed with the work at the rate and in the manner specified in the notice; and

(ii) withhold payment of any instalment of further instalment of the advance until the applicant or borrower proceeds with the work to his satisfaction.

Default of borrower.

41. If an applicant for an advance or a borrower—

(a) fails to proceed with the work at the rate and in the manner specified in a notice given by the Commissioner; or

(b) fails in the opinion of the Commissioner during the progress of the work to preserve to the best of his ability the dwelling house from destruction or damage; or

(c) fails in any way to comply with the conditions under which, the advance is being made,

he shall be deemed to be in default under the mortgage and the Commissioner may—

(i) by notice in writing at once call in the amount due under the mortgage whether for principal or interest or otherwise; or

(ii) enter on the mortgage land and complete the work either by contract or otherwise as he thinks fit and the amount expended by the Commissioner shall be deemed to have been advanced to and be due by the applicant or borrower under the mortgage.

 

Interest.

42. Interest at the prescribed rate on each and every instalment of an advance—

(a) shall be payable by the borrower from the date of payment of the instalment by the Commissioner; and

(b) shall be paid to the Commissioner on the last day of the calendar month during which the final instalment is paid by the Commissioner.

Part VIII.—Insurance of Dwelling Houses and Building Material.

Definitions.

43. In this Part unless the contrary intention appears—

“authorized officer” means an officer authorized by the Commissioner to make inspections and valuations of property;

“property” includes any dwelling house or building material which may be insured in pursuance of section 38 of the Act;

“the assured” means the person (other than the Commissioner) for whose benefit any property is insured in pursuance of the Act.

Inspections and valuations of property.

44. The Commissioner shall from time to time for the purpose of insurance in pursuance of the Act cause inspections and valuations of property to be made by authorized officers.

Report by authorized officer.

45. The authorized officer after inspection of any property shall report to the Commissioner—

(a) the value at the time of inspection of the property exclusive of the land on which it is situated;

(b) the presence of any special or unusual danger to the property from prescribed risks; and

(c) any other matter or thing relevant to the question of insurance or which may be required by the Commissioner for the purpose of insurance.

Value of property stated by authorized officer—conclusive.

46. The value of the property as stated in the report of the authorized officer shall as against the purchaser or borrower be conclusive for the purpose of insurance.

Amount of insurance and premium.

47. The Commissioner shall from time to time determine the amount for which any property shall be insured in pursuance of the Act and the amount of the premium payable for the insurance.

Limitation of amount of insurance.

48. No property shall be insured in pursuance of the Act for an amount greater than the value thereof as stated in the report of the authorized officer together with an amount equal to the sum of the instalments (if any) payable in respect thereof by a purchaser or borrower for a period of six months.

Special danger to property.

49. (1) If at any time it appears to the Commissioner that there is a special or unusual danger to any property from a prescribed risk the Commissioner may—

(a) require the purchaser or borrower to forthwith remove the cause of danger if it is capable of removal;

(b) decline to insure or may cancel any insurance of the property against that particular risk otherwise than for the benefit of the Commissioner until the cause of danger is removed; and

(c) insure the property against that particular risk for the benefit of the Commissioner until the cause of danger is removed.

 

(2) If a purchaser or borrower fails to remove a cause of danger to a dwelling house within the time specified by the Commissioner for that purpose—

(a) the presence of the cause of danger shall be deemed to be a want of repair within the meaning of section 31 of the Act; and

(b) the Commissioner may exercise all the powers conferred upon him by that section to the same extent as if after notice in writing by the Commissioner the purchaser or borrower had not complied with the requirements of that section.

Explosives not to be brought upon a dwelling house.

50. No explosive or dangerously inflammable substance shall without the consent in writing of the Commissioner at any time be brought or kept upon a dwelling house insured in pursuance of the Act.

Notice of carrying on trade in dwelling house.

51. (1) The purchaser or borrower shall give to the Commissioner not less than three days’ notice in writing before—

(a) carrying on or permitting to be carried on any trade or manufacture in the dwelling house; or

(b) making any alteration in the manner in which a trade or manufacture is carried on in the dwelling house;

(2) Whenever a change takes place in the purpose for which any premises adjoining a dwelling house are occupied the purchaser or borrower shall forthwith notify the Commissioner in writing of the change.

Certificate of insurance.

52. (1) When the Commissioner has determined the amount for which any property shall be insured in pursuance of the Act he shall sign a certificate of insurance in accordance with the form in the Schedule to these Regulations and thereupon the property shall be deemed to be insured in pursuance of the Act against the risks and for the amount stated in the certificate for the benefit of the person named in the certificate.

(2) When the insurance is for the benefit of any person other than the Commissioner a copy of the certificate shall be forwarded to the assured.

(3) If a dwelling house is destroyed or damaged by a prescribed risk before a certificate of insurance has been signed by the Commissioner the Commissioner may if he thinks fit treat the property as having been covered by insurance in pursuance of the Act for the benefit of the purchaser or borrower and upon the purchaser or borrower complying with all the obligations of an assured under these Regulations may exercise for the benefit of the purchaser or borrower any of the powers conferred upon the Commissioner by section 41 of the Act.

Duty of assured to notify damage to property.

53. On the destruction or damage by fire, lightning, flood or tempest or from any other cause whatsoever of any property insured in pursuance of the Act the assured shall forthwith—

(a) notify the Commissioner thereof in writing at the place specified in the certificate of insurance;

(b) furnish to the Commissioner full particulars of the destruction or damage and all information in his possession in regard thereto and of the cause thereof; and

(c) furnish to the Commissioner all further information required by the Commissioner in connexion with the matter.

 

Failure of assured to notify damage.

54. If the assured—

(a) fails within three days after the destruction or damage of the property to notify the Commissioner thereof in writing; or

(b) fails to forthwith furnish to the Commissioner the particulars or information required by these Regulations or by the Commissioner;

the Commissioner may if he thinks fit treat the insurance of the assured as having been thereby avoided.

Power of Commissioner where property damaged or destroyed.

55. On the destruction or damage of any property by a prescribed risk the Commissioner may—

(a) enter and take possession of the property; and

(b) remove and sell or convert to his own use any damaged material and pay the proceeds or value thereof into the War Service Homes Insurance Trust Account.

Avoidance of insurance where risk increased.

56. If anything is without the knowledge and approval of the Commissioner done, or omitted to be done, to or in connexion with any property whereby the danger to the property from a prescribed risk is increased the Commissioner may if he thinks fit treat any insurance against that particular risk (other than an insurance for the benefit of the Commissioner) as having been thereby avoided.

Existing insurances to be notified.

57. (1) Every applicant for an advance shall furnish to the Commissioner with his application full particulars of—

(a) any existing insurances of the dwelling house in respect of which the advance is desired; and

(b) any claims previously made by the applicant upon an insurance company in respect of damage by a prescribed risk to the dwelling house or any other property of the applicant.

(2) Any property insured in pursuance of the Act shall not at any time be insured or kept insured otherwise than in pursuance of the Act.

Avoidance of insurance for failure to occupy dwelling house.

58. If a dwelling house insured in pursuance of the Act remains unoccupied without the consent in writing of the Commissioner for a period exceeding 30 consecutive days the Commissioner may treat any insurance in pursuance of the Act for the benefit of the purchaser or borrower as having been thereby avoided.

Duty of purchaser or borrower to protect property.

59. Every purchaser or borrower shall at all times to the best of his ability preserve the property from danger from prescribed risks.

Destruction or damage arising from negligence.

60. If on the destruction or damage by a prescribed risk of any property insured in pursuance of the Act the assured fails to prove to the satisfaction of the Commissioner—

(a) that the destruction or damage did not arise from or in consequence of any wilful or grossly negligent act or omission of the purchaser or borrower or of any other person with the knowledge and connivance of the purchaser or borrower;

(b) that the claim is made bonâ fide and without fraud or concealment and that no false or misleading information has been given by the assured in connexion with the insurance or the claim; and

 

(c) that the assured has complied in all respects with the provisions of the Act and these Regulations relating to insurance;

the Commissioner may treat the insurance of the assured as having been thereby avoided.

Property deemed to be insured for benefit of Commissioner.

61. All property shall at all times be deemed to be insured in pursuance of the Act for the benefit of the Commissioner.

No refund of premium on avoidance or cancellation of insurance.

62. If, before the expiration of the period for which a premium has been paid, an insurance in pursuance of the Act ceases to have effect, or is cancelled, or treated as avoided, under these Regulations no person shall be entitled to a refund of any portion, of the premium.

Insurance for benefit of Commissioner.

63. The Commissioner may determine the amount of, and pay into the War Service Homes Insurance Trust Account, premiums for the insurance of any property in pursuance of the Act for the benefit of the Commissioner.

Avoidance of insurance for non-payment of premium.

64. (1) The Commissioner may, if he thinks fit, treat any insurance in pursuance of the Act (other than an insurance for the benefit of the Commissioner) as having been avoided if a premium due by the assured remains unpaid for a period of one month after the date upon which it becomes payable.

(2) Upon payment to him of all premiums due and unpaid the Commissioner may again insure the property in pursuance of the Act for the benefit of the purchaser or borrower as the case may be.

(3) Notwithstanding anything contained in these Regulations the Commissioner may if he thinks fit pay any premiums due and unpaid by the assured and may charge the assured with the amount so paid.

Insurance to cease on property ceasing to be subject to Act.

65. Every insurance in pursuance of the Act shall forthwith cease and be of no effect upon the insured property ceasing to be subject to the Act.

Destruction of or damage to property by third persons.

66. On the destruction or damage of any property insured in pursuance of the Act in circumstances entitling the assured to recover damages or compensation from any other person the Commissioner may—

(a) decline to exercise his powers under section 41 of the Act for the benefit of the assured until the assured has recovered from the other person all damages and compensation to which the assured is entitled; or

(b) exercise his powers under section 41 of the Act for the benefit of the assured and recover for his own benefit from the other person all damages and compensation to which the assured is entitled.

Damage by fire brigade.

67. Any damage done to property by a fire brigade in extinguishing or preventing or locating fire shall for the purpose of insurance in pursuance of the Act be deemed to be damage by fire.

 

THE SCHEDULE.

Commonwealth of Australia.

War Service Homes Act 1918-1919.

certificate of insurance.

1. The War Service Homes Commissioner has in pursuance of the War Service Homes Act 1918-1919 insured against fire lightning flood and tempest the following property namely..................................

2. The property is situated at.......................................... in the State of.........................

3. The amount for which the property is insured is £......................................................

4. The insurance is for the benefit of...................................................... of............... in the State of.................................................................................................................... (hereinafter called the “assured”).

5. Premiums of..................................................................... each are payable by the assured in advance on the.............................................................................................. day of......................... in each the first of such premiums being payable on the.................................. day of.........................

6. Premiums are payable to............................................... at................................ in the State of 

7. Should the property be destroyed or damaged notice in writing thereof must forthwith be given by the assured to the Commissioner at...........................................................................................

8. The insurance and all matters stated in this certificate are subject to withdrawal cancellation variation or amendment at any time by the Commissioner.

9. The insurance is effected subject in all respects to the War Service Homes Act 1918-1919 and any amendment thereof and to the regulations in force for the time being thereunder.

Dated this................................. day of.......................................... 19...............

 

3. After regulation 25 of the War Service Homes Regulations the following regulation is inserted:—

Prescribed authority of Department of Repatriation.

25a. The Deputy Comptroller of Repatriation for a State appointed under the Australian Soldiers’ Repatriation Act 1917-1918 shall for the purposes of section 47 of the Act he a prescribed authority of the Department of Repatriation.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.