Defence Home Ownership Assistance Scheme (Consequential Amendments) Act 2008

Administered by Department of Defence

Legislation au C2008A00028 In force Act

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Defence Home Ownership Assistance Scheme (Consequential Amendments) Act 2008

 

No. 28, 2008

 

 

 

 

 

An Act to deal with consequential matters in connection with the Defence Home Ownership Assistance Scheme Act 2008, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Consequential amendments

Defence Force (Home Loans Assistance) Act 1990

Defence Service Homes Act 1918

 

 

 

Defence Home Ownership Assistance Scheme (Consequential Amendments) Act 2008

No. 28, 2008

 

 

 

An Act to deal with consequential matters in connection with the Defence Home Ownership Assistance Scheme Act 2008, and for related purposes

[Assented to 23 June 2008]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Defence Home Ownership Assistance Scheme (Consequential Amendments) Act 2008.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

23 June 2008

2.  Schedule 1

At the same time as section 3 of the Defence Home Ownership Assistance Scheme Act 2008 commences.

1 July 2008

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Consequential amendments

 

Defence Force (Home Loans Assistance) Act 1990

1  Section 3 (definition of finishing day)

Repeal the definition, substitute:

finishing day:

 (a) for the purpose of subsection 12(6), in relation to the issue of an entitlement certificate to a person—means:

 (i) if (at the time the decision is made in relation to the issue of an entitlement certificate) the person is an eligible person who is a member of the Defence Force (other than an operational service member)—30 June 2008; or

 (ii) in any other case—30 June 2010; and

 (b) for the purpose of subsection 15(3)—means 30 June 2010.

2  At the end of subsection 12(1)

Add:

 ; and (g) the person has not already been issued with an entitlement certificate on or after 1 July 2008.

3  After section 20

Insert:

20A  Condition of payment of subsidy—subsidy under one scheme only

 (1) This section applies if subsidy (2008 Act subsidy) is, or has ever been, payable to a person under the Defence Home Ownership Assistance Scheme Act 2008.

 (2) Subsidy is not payable on a loan to the person under this Act on or after the earliest day the 2008 Act subsidy became payable.

4  After section 36

Insert:

36A  Use and disclosure of personal information

 (1) This section applies to personal information about any of the following people:

 (a) an applicant for an entitlement certificate;

 (b) a person who has been issued with an entitlement certificate (whether or not the certificate is in force);

 (c) a person who is, or has been, a subsidised borrower;

 (d) a widow or widower, or a family member, of a person covered by paragraph (a), (b) or (c).

 (2) A person covered by subsection (3) may, for a purpose prescribed by the regulations:

 (a) use the personal information; or

 (b) disclose the personal information to another person covered by that subsection.

 (3) This subsection covers the following people:

 (a) the Secretary;

 (b) a delegate of the Secretary under section 37;

 (c) a delegate of the Secretary under the Defence Home Ownership Assistance Scheme Act 2008 (the 2008 Act) or the Defence Service Homes Act 1918 (the 1918 Act);

 (d) the Bank, if the Bank has:

 (i) received an application for a subsidised loan from the person mentioned in paragraph (1)(b) of this section; or

 (ii) made a subsidised loan to the person mentioned in paragraph (1)(c) of this section;

 (e) a loan provider as defined under section 3 of the 2008 Act, if the loan provider has:

 (i) received an application for a subsidised loan (as defined under section 3 of the 2008 Act) from the person mentioned in paragraph (1)(b) of this section; or

 (ii) made a subsidised loan (as defined under section 3 of the 2008 Act) to the person mentioned in paragraph (1)(c) of this section;

 (f) a credit provider as defined under section 4 of the 1918 Act, if the credit provider has:

 (i) received an application for a subsidised advance (as defined under section 4 of the 1918 Act) from the person mentioned in paragraph (1)(b) of this section; or

 (ii) made a subsidised advance (as defined under section 4 of the 1918 Act) to the person mentioned in paragraph (1)(c) of this section.

 (4) The use and disclosure of personal information under subsection (2) is taken to be authorised by law for the purposes of:

 (a) the Privacy Act 1988; and

 (b) any provision of a law of a State or Territory that provides that personal information may be used or disclosed if the use or disclosure is authorised by law.

Note: The authorisation under this subsection is only for the use and disclosure of personal information for a prescribed purpose mentioned in subsection (2).

 (5) The regulations may prescribe circumstances in which a person may, or must not, use or disclose personal information for the purposes of this section.

 (6) In this section:

personal information has the same meaning as in the Privacy Act 1988.

5  At the end of section 37

Add:

 ; or (d) a delegate of the Secretary under subsection 81(2) of the Defence Home Ownership Assistance Scheme Act 2008.

Defence Service Homes Act 1918

6  After section 24

Insert:

24A  Condition of payment of subsidy—subsidy under one scheme only

 (1) This section applies if subsidy (2008 Act subsidy) is, or has ever been, payable to a person under the Defence Home Ownership Assistance Scheme Act 2008.

 (2) Subsidy is not payable by the Commonwealth to a credit provider on a subsidised advance to the person or the assignee of the person on or after the earliest day the 2008 Act subsidy became payable.

7  After section 45B

Insert:

45C  Use and disclosure of personal information

 (1) This section applies to personal information about any of the following people:

 (a) an applicant for a certificate of entitlement;

 (b) a person who has been issued with a certificate of entitlement (whether or not the certificate is in force);

 (c) a person, or the assignee of a person, to whom a subsidised advance has been made;

 (d) a widow or widower of a person (other than an assignee) covered by paragraph (a), (b) or (c).

 (2) A person covered by subsection (3) may, for a purpose prescribed by the regulations:

 (a) use the personal information; or

 (b) disclose the personal information to another person covered by that subsection.

 (3) This subsection covers the following people:

 (a) the Secretary;

 (b) a delegate of the Secretary under section 6A;

 (c) a delegate of the Secretary under the Defence Home Ownership Assistance Scheme Act 2008 (the 2008 Act) or the Defence Force (Home Loans Assistance) Act 1990 (the 1990 Act);

 (d) a credit provider, if the credit provider has:

 (i) received an application for a subsidised advance from the person mentioned in paragraph (1)(b) of this section; or

 (ii) made a subsidised advance to the person mentioned in paragraph (1)(c) of this section;

 (e) a loan provider as defined under section 3 of the 2008 Act, if the loan provider has:

 (i) received an application for a subsidised loan (as defined under section 3 of the 2008 Act) from the person mentioned in paragraph (1)(b) of this section; or

 (ii) made a subsidised loan (as defined under section 3 of the 2008 Act) to the person mentioned in paragraph (1)(c) of this section;

 (f) the Bank as defined under section 3 of the 1990 Act, if the Bank has:

 (i) received an application for a subsidised loan (as defined under section 3 of the 1990 Act) from the person mentioned in paragraph (1)(b) of this section; or

 (ii) made a subsidised loan (as defined under section 3 of the 1990 Act) to the person mentioned in paragraph (1)(c) of this section.

 (4) The use and disclosure of personal information under subsection (2) is taken to be authorised by law for the purposes of:

 (a) the Privacy Act 1988; and

 (b) any provision of a law of a State or Territory that provides that personal information may be used or disclosed if the use or disclosure is authorised by law.

Note: The authorisation under this subsection is only for the use and disclosure of personal information for a prescribed purpose mentioned in subsection (2).

 (5) The regulations may prescribe circumstances in which a person may, or must not, use or disclose personal information for the purposes of this section.

 (6) In this section:

personal information has the same meaning as in the Privacy Act 1988.

 

 

[Minister’s second reading speech made in—

House of Representatives on 28 May 2008

Senate on 16 June 2008]

(112/08)

 

Overview

The Defence Home Ownership Assistance Scheme (Consequential Amendments) Act 2008 was enacted by the Parliament of Australia to address consequential matters arising from the introduction of the Defence Home Ownership Assistance Scheme Act 2008. The primary objective of this Act was to ensure that existing legislation was appropriately aligned with the new home ownership assistance scheme for Defence Force members. This Act was assented to on 23 June 2008 and includes consequential amendments to the Defence Force (Home Loans Assistance) Act 1990 and the Defence Service Homes Act 1918, primarily to prevent overlaps in subsidies and to regulate the use and disclosure of personal information as per the new scheme. The Defence Home Ownership Assistance Scheme (Consequential Amendments) Act 2008 thus serves to integrate and harmonise the legislative framework surrounding home ownership assistance for Defence personnel, ensuring that existing provisions are consistent with the objectives and provisions of the 2008 Act. This legislative effort was aimed at streamlining the administration and delivery of home ownership assistance to Defence members, thereby enhancing the effectiveness and coherence of the related legal provisions.

Scope and Application

The Defence Home Ownership Assistance Scheme (Consequential Amendments) Act 2008 applies to certain provisions of the Defence Force (Home Loans Assistance) Act 1990 and the Defence Service Homes Act 1918. It specifically addresses the consequential matters arising from the Defence Home Ownership Assistance Scheme Act 2008, thereby ensuring that amendments are made to existing laws to reflect the changes introduced by the newer Act. The Act is enacted at the Commonwealth level and applies nationally. Its primary objective is to amend the specified Acts to align with the new provisions set out in the Defence Home Ownership Assistance Scheme Act 2008. The Act provides for specific amendments, such as the redefinition of terms and the conditions under which subsidies are payable, to ensure consistency and continuity in the legislative framework governing home ownership assistance for Defence Force personnel. The Act does not explicitly state any exclusions or exemptions, and its application is governed by the provisions detailed in the Act itself without reliance on subordinate instruments.

Key Provisions

The Defence Home Ownership Assistance Scheme (Consequential Amendments) Act 2008 (sections 1-3) is a piece of legislation that introduces amendments to other acts to address matters that arise as a consequence of the Defence Home Ownership Assistance Scheme Act 2008. The Act itself is broken into three sections: the short title, commencement, and the Schedule. The commencement of the Act is divided into two parts: sections 1 to 3, which commenced on the day the Act received Royal Assent (23 June 2008), and Schedule 1, which commenced on 1 July 2008, the same day as section 3 of the Defence Home Ownership Assistance Scheme Act 2008. This Act imposes several obligations on the parties and entities it governs. For example, Section 3(1) of the Defence Force (Home Loans Assistance) Act 1990 now defines "finishing day" in relation to the issue of an entitlement certificate to a person differently, depending on whether the person is an eligible person who is a member of the Defence Force (other than an operational service member). It also adds a new condition (section 20A) that if a subsidy under the Defence Home Ownership Assistance Scheme Act 2008 is, or has ever been, payable to a person, then a subsidy under the Defence Force (Home Loans Assistance) Act 1990 is not payable on a loan to that person. Furthermore, Section 36A allows the use and disclosure of personal information for certain prescribed purposes, as defined in the regulations. The Defence Service Homes Act 1918 also sees amendments. Section 24A introduces a condition that if a subsidy under the Defence Home Ownership Assistance Scheme Act 2008 is, or has ever been, payable to a person, then a subsidy under the Defence Service Homes Act 1918 is not payable by the Commonwealth to a credit provider on a subsidised advance to the person or the assignee of the person. Section 45C provides for the use and disclosure of personal information for certain prescribed purposes, as defined in the regulations. In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly outline specific penalties. However, it does mention that the use and disclosure of personal information under Sections 36A and 45C is taken to be authorised by law for the purposes of the Privacy Act 1988 and any provision of a law of a State or Territory that provides that personal information may be used or disclosed if the use or disclosure is authorised by law. The regulations may prescribe circumstances in which a person may, or must not, use or disclose personal information for the purposes of these sections. Any breach of these provisions could potentially lead to civil or criminal consequences under the Privacy Act 1988 or relevant state or territory laws.

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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.