Defence Service Homes Amendment Act 1976

Legislation au C2004A01614 Not in force Act

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DEFENCE SERVICE HOMES AMENDMENT ACT 1976

No. 185 of 1976

An Act to make provision for a Defence Service Homes Corporation, and for related purposes.

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

PART I—PRELIMINARY

Short title.

1. This Act may be cited as the Defence Service Homes Amendment Act 1976.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Members of Australian Housing Corporation to cease to hold office.

3. The persons who, immediately before the date of commencement of this Act, held office as members of the Australian Housing Corporation cease to hold office on that date.

PART II—AMENDMENTS OF THE AUSTRALIAN HOUSING CORPORATION ACT

Definition.

4. The Australian Housing Corporation Act 1975 is in this Part referred to as the Principal Act.

Title.

5. The title of the Principal Act is amended by omitting the words “an Australian Housing Corporation” and substituting the words “a Defence Service Homes Corporation”.

6. Section 1 of the Principal Act is repealed and the following section substituted:—

Short title.

“1. This Act may be cited as the Defence Service Homes Corporation Act 1976.”.

7. Sections 3 and 4 of the Principal Act are repealed and the following section substituted:—

Definitions.

“3. In this Act, unless the contrary intention appears—

‘approved bank’ means a bank approved by the Treasurer for the purposes of the provision in which the expression occurs;

‘Corporation’ means the Defence Service Homes Corporation established by this Act;

‘Secretary’ means the Secretary to the Department of Veterans’ Affairs.”.

8. (1) Parts II, III, IV and V of the Principal Act are repealed and the following Part substituted:—

“PART II—THE DEFENCE SERVICE HOMES CORPORATION

Defence Service Homes Corporation.

“5. (1) For the purposes of the Defence Service Homes Act 1918 there shall be a body corporate under the name ‘Defence Service Homes Corporation’.

“(2) The body corporate that was established by the Part for which this Part was substituted by the Defence Service Homes Amendment Act 1976—

(a) continues in existence by force of this section as the body corporate referred to in sub-section (1), under the name ‘Defence Service Homes Corporation’;

(b) shall have a seal;

(c) may acquire, hold and dispose of real and personal property; and

(d) may sue and be sued in its corporate name.


Secretary to conduct affairs of Corporation.

“6. (1) The affairs of the corporation shall be conducted and controlled by the Secretary.

“(2) All acts and things done in the name of, or on behalf of, the Corporation by the Secretary, or under the authority of the Secretary, shall be deemed to have been done by the Corporation.

Functions of Corporation.

“7. The Corporation has the functions conferred on it by the Defence Service Homes Act 1918.

Seal.

“8. (1) The seal of the Corporation shall be kept in the custody of the Secretary and shall not be used except as authorized by the Secretary.

“(2) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Corporation affixed to a document and shall presume that it was duly affixed.”.

(2) The alteration of name and constitution resulting from the amendments made by sub-section (1) does not affect any property, powers, rights, liabilities or obligations of the corporation continued in existence by the Principal Act, as amended by this Act, or render defective any legal or other proceedings instituted or to be instituted by or against the corporation, and any legal or other proceedings may be continued or commenced by or against the corporation by the name of the Defence Service Homes Corporation that might have been continued or commenced by or against the corporation by the name of the Australian Housing Corporation.

(3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Australian Housing Corporation affixed to a document before the commencement of this section and shall presume that it was duly affixed.

Repeal.

9. Sections 49 and 50 of the Principal Act are repealed.

Rights of Public Servants.

10. Section 51 of the Principal Act is amended by omitting the words “the General Manager or”.

11. Sections 52 and 53 of the Principal Act are repealed and the following section substituted:—

Delegation.

“52. (1) The Secretary may, either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under section 6.

“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Secretary.

“(3) A delegation under this section does not prevent the exercise of a power by the Secretary.”.

Formal amendments.

12. The Principal Act is amended as set out in Schedule 1.

PART III—AMENDMENTS OF THE DEFENCE SERVICE HOMES ACT

Definition.

13. The Defence Service Homes Act 1918 is in this Part referred to as the Principal Act.

Interpretation.

14. Section 4 of the Principal Act is amended by omitting from sub-section (1) the definition of “Corporation” and substituting the following definition:—

“‘Corporation’ means the Defence Service Homes Corporation;”.


Sale of dwelling-houses.

15. Section 19 of the Principal Act is amended by omitting from sub-sections (1) and (1a) the words “in pursuance of the last preceding Part” and substituting the words “for the purposes of this Act”.

Further amendments.

16. The Principal Act is amended as set out in Schedule 2.

SCHEDULE 1 Section 12

FORMAL AMENDMENTS OF THE AUSTRALIAN HOUSING CORPORATION ACT

The following provisions of the Australian Housing Corporation Act 1975 are amended by omitting the word “Australia” (wherever occurring) and substituting the words “the Commonwealth”:—

Sections 38, 39, 40, 42 and 47.

SCHEDULE 2 Section 16

AMENDMENTS OF THE DEFENCE SERVICE HOMES ACT

The following provisions of the Defence Service Homes Act 1918 are amended by omitting the word “Director” (wherever occurring) and substituting the word “Corporation”:—

Sections 4(1) (definitions of “Australian Soldier” and “Purchaser”), 14a, 21, 30(3) and 51.

 

Overview

The Defence Service Homes Amendment Act 1976 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. The purpose of this Act was to amend the Australian Housing Corporation Act 1975 and the Defence Service Homes Act 1918, establishing a Defence Service Homes Corporation to replace the Australian Housing Corporation. This change aimed to better align the entity's purpose with the needs of veterans and their families by focusing on housing services specifically tailored to defence service members. The policy objective behind these amendments was to streamline and centralise the administration of housing services for defence personnel, ensuring that the entity operates more effectively under the purview of the Department of Veterans' Affairs.

Scope and Application

The Defence Service Homes Amendment Act 1976 is an Act of the Commonwealth of Australia that revises the legislative framework governing the Defence Service Homes Corporation (DSH Corporation). It primarily serves to establish and redefine the DSH Corporation as a distinct entity under the Defence Service Homes Corporation Act 1976, replacing the former Australian Housing Corporation. The Act applies to the DSH Corporation, its members, the Secretary to the Department of Veterans' Affairs, and anyone conducting business with or on behalf of the Corporation. Geographically, the Act pertains to the Commonwealth of Australia, impacting entities and individuals involved in defence service housing within the national jurisdiction. The Act includes formal amendments to the Australian Housing Corporation Act 1975 and the Defence Service Homes Act 1918, ensuring the seamless transition from the Australian Housing Corporation to the DSH Corporation without disrupting existing property rights, obligations, or legal proceedings. The Act does not explicitly state any exclusions, exemptions, or thresholds, and its application can be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The Defence Service Homes Amendment Act 1976 (section 1) establishes a Defence Service Homes Corporation to replace the Australian Housing Corporation, with the Act coming into force upon receiving Royal Assent (section 2). The members of the Australian Housing Corporation cease to hold office from the Act's commencement date (section 3). The Australian Housing Corporation Act 1975 is referred to as the Principal Act and undergoes significant amendments (section 4). The Principal Act's title is altered to reflect the new name, Defence Service Homes Corporation Act 1976 (section 5). The definition of "Corporation" is updated to denote the Defence Service Homes Corporation, replacing the previous reference to the Australian Housing Corporation (section 7). The Act formally establishes the Defence Service Homes Corporation, granting it a corporate identity, the ability to hold and manage property, and the capacity to engage in legal proceedings (sections 5-8). The Defence Service Homes Amendment Act 1976 imposes specific obligations on the Defence Service Homes Corporation. The Secretary to the Department of Veterans’ Affairs is tasked with conducting the affairs of the Corporation, with any actions taken by the Secretary or under their authority deemed to be actions of the Corporation itself (section 6). The Corporation is granted the functions conferred upon it by the Defence Service Homes Act 1918, with the seal of the Corporation to be kept by the Secretary and used only as authorised (sections 7 and 8). The Secretary also has the authority to delegate powers to other individuals, with such delegations being effective as if the Secretary had exercised the power directly (section 52). Under the Defence Service Homes Amendment Act 1976, breaches of the Act may result in both civil and criminal consequences. While the Act does not explicitly detail offences and penalties, the amendments it introduces to the Australian Housing Corporation Act 1975 and the Defence Service Homes Act 1918 imply that failure to comply with the provisions could result in legal action. The specific penalties for breaches are not outlined in the text provided but would typically be found in the respective Acts that the Amendment Act modifies. The civil consequences might include legal proceedings for damages or injunctive relief, while criminal consequences could involve fines or imprisonment, depending on the severity of the breach and the jurisdiction's laws.

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Area of Law
Corporate Law & Governance
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Delegation

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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.