Commonwealth Housing and War Service Homes Regulations

Legislation au C1929L00120 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1929. No. 120.

 

REGULATIONS UNDER THE COMMONWEALTH HOUSING ACT 1927-1928 AND THE WAR SERVICE HOMES ACT 1918-1929.

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 Commonwealth Housing Act 1927-1928 and the War Service Homes Act 1918-1929, to come into operation forthwith.

Dated this first day of November, 1929.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

EDWARD G. THEODORE

Treasurer.

 

Commonwealth Housing and War Service Homes Regulations.

Short title.

1. These Regulations may be cited as the Commonwealth Housing and War Service Homes Regulations.

War Service Homes Commissioner an authority.

2. The War Service Homes Commissioner, appointed under the War Service Homes Act 1918-1929, is hereby constituted as an authority under the Commonwealth Housing Act 1927-1928.

Advances by Commission to War Service Homes Commissioner.

3.—(1.) The Commission is hereby empowered to make advances to the War Service Homes Commissioner, and the War Service Homes Commissioner is hereby empowered to accept advances from the Commission.

(2.) Advances made in pursuance of sub-regulation (1.) of this regulation shall be made on such terms and conditions as to payment of interest and repayment of principal as are agreed upon between the Commission and the War Service Homes Commissioner.

Rate of interest on advances.

4. In making any advance to a purchaser or borrower, the War Service Homes Commissioner shall, in respect of so much of the advance as exceeds the amount which may be advanced under the War Service Homes Act 1918-1929 alone, charge interest at a rate agreed upon between him and the purchaser or borrower, and shall not be limited to the rate of interest which may be charged in respect of advances made solely under the War Service Homes Act 1918-1929.


Modifications of Commonwealth Housing Act 1927-1928.

5. For the purpose of enabling the War Service Homes Commissioner to act as an authority under the Commonwealth Housing Act 1927-1928 the provisions of that Act are modified as follows:—

(a) For the purpose of determining the maximum amount (within the meaning of section nine of that Act) which may be lent to any one person an advance made under the War Service Homes Act 1918-1929 and a loan made under the Commonwealth Housing Act 1927-1928 to the same person shall be deemed to be one loan.

(b) The sum of the amounts which the Commissioner may advance to any one person under the War Service Homes Act 1918-1929, and may, as a prescribed authority under the Commonwealth Housing Act 1927-1928, lend to that person shall not exceed One thousand eight hundred pounds and shall not exceed ninety per centum of the valuation made by or on behalf of the Commissioner of the property in respect of which the loan is made.

(c) The scheme administered by the War Service Homes Commissioner as a prescribed authority under the Commonwealth Housing Act 1927-1928 shall be subject to the following conditions:—

(i) No loan shall be made by the War Service Homes Commissioner to any person who already owns a house, except for the purpose of discharging a mortgage upon one dwelling house of which he is the owner or for the purpose of enlarging a dwelling house of which he is the owner;

(ii) A loan shall not be made for the purpose of discharging a mortgage unless the conditions of the mortgage, or the conditions of any further loans on the property, are, in the opinion of the War Service Commissioner unduly disadvantageous to the mortgagor;

(iii) Except for the purpose of enlarging an existing dwelling house a loan shall not be made to any person who, or whose wife or husband has already received a loan and has not repaid it in full; and

(iv) A loan shall not be made in respect of any dwelling house unless the person making application for the loan satisfies the War Service Homes Commissioner that—

(a) If the loan is for the purpose of the purchase of a dwelling house, he will reside in the dwelling house immediately on its purchase;

(b) if the loan is for the purpose of the erection of a dwelling house, he will reside in the dwelling house immediately on its completion; and

(c) if the loan is for the purpose of the discharge of a mortgage or for the purpose of enlarging a dwelling house he is residing in the dwelling house.


Rent purchase agreements.

6. For the purpose of these Regulations any reference to an amount lent or to a loan shall be read as including a reference to an amount used by the War Service Homes Commissioner for the purpose of a rent purchase agreement.

General conditions governing advances.

7. Subject to the foregoing Regulations any advance made by the War Service Homes Commissioner from moneys advanced to him in pursuance of the Commonwealth Housing Act 1927-1928 and section fifty c of the War Service Homes Act 1918-1929 shall be made in accordance with the provisions of the War Service Homes Act 1918-1929 and the Regulations thereunder.

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Commonwealth Housing and War Service Homes Regulations, 1929, were enacted to address the housing needs of returned servicemen and women after World War I and to provide broader housing solutions through the Commonwealth Housing Act 1927-1928 and the War Service Homes Act 1918-1929. These regulations were made under the authority of the Governor-General in accordance with the advice of the Federal Executive Council. The primary objective of these regulations is to facilitate the provision of financial assistance for housing purposes, allowing the War Service Homes Commissioner to act as an authority under the Commonwealth Housing Act 1927-1928 and to make advances to borrowers, subject to specific conditions and interest rates. The regulations also modify the Commonwealth Housing Act to align with the requirements of the War Service Homes Act, ensuring that loans and advances are managed within prescribed limits and conditions.

Scope and Application

The Commonwealth Housing and War Service Homes Regulations 1929, made under the Commonwealth Housing Act 1927-1928 and the War Service Homes Act 1918-1929, establish a framework for the War Service Homes Commissioner to act as an authority within the scope of the Commonwealth Housing Act. This legislative instrument applies to the War Service Homes Commissioner, appointed under the War Service Homes Act, who is now empowered to make and accept advances from the Commission, subject to specific terms and conditions agreed upon for interest and repayment. The regulations also modify the Commonwealth Housing Act to allow for combined advances and loans to a single person, with a limit of £1,800 or 90% of the property's valuation, whichever is lower. These modifications are subject to conditions, including restrictions on lending to those who already own a house or have outstanding loans. The regulations also cover interest rates on advances, the inclusion of rent purchase agreements in the definition of loans, and stipulate that any advances must comply with the provisions of the War Service Homes Act and its subordinate regulations. This regulatory framework is applicable nationally, covering all relevant activities and entities within the Commonwealth of Australia.

Key Provisions

The Commonwealth Housing and War Service Homes Regulations, which are a legislative instrument under the Commonwealth Housing Act 1927-1928 and the War Service Homes Act 1918-1929, establish several key provisions. Firstly, the War Service Homes Commissioner is recognised as an authority under the Commonwealth Housing Act 1927-1928 (Regulation 2). This enables the Commissioner to act with certain powers and responsibilities as outlined in the Regulations. The Regulations also empower the Commission to make advances to the War Service Homes Commissioner and permit the Commissioner to accept such advances (Regulation 3). The terms and conditions for these advances, including interest rates and repayment terms, are to be agreed upon between the Commission and the Commissioner (Regulation 3(2)). The obligations imposed by these Regulations include specific requirements for the War Service Homes Commissioner when making advances or loans. For example, when advancing funds beyond the limits set by the War Service Homes Act 1918-1929, the Commissioner must charge interest at a rate agreed upon with the borrower (Regulation 4). Furthermore, the maximum amount that can be lent to an individual under both the War Service Homes Act and the Commonwealth Housing Act combined cannot exceed £1,800 or 90% of the property's valuation, whichever is less (Regulation 5(b)). There are also conditions regarding who can receive loans, such as restrictions on lending to individuals who already own a house unless specific criteria are met (Regulation 5(c)(i)-(iv)). In terms of consequences for breaches, the Regulations do not explicitly detail specific penalties or offences. However, non-compliance with the terms and conditions set out in the Regulations could potentially lead to legal actions or other consequences as may be applicable under the overarching Acts. For instance, if the Commissioner fails to adhere to the agreed terms for advances or violates the specified conditions for lending, this could result in civil or administrative penalties under the Acts. It is important to note that while the Regulations themselves do not outline specific penalties, breaches of the conditions outlined in the Acts may carry their own set of penalties as provided in the respective Acts.

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Housing Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Loan Conditions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.