Defence Service Homes Regulations (Amendment)

Administered by Department of Veterans' Affairs

Legislation au F1997B01876 Regulations Not in force Legislative Instrument

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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 Statutory Rules 1980 Nos. 289 and 290.

 

 

Overview

The Defence Service Homes Regulations 1980 were enacted to provide a framework for the administration of housing and related benefits for defence force members and their families under the Defence Service Homes Act 1918. These regulations were introduced by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to ensure that the Act's provisions are implemented effectively. The primary policy objective of these regulations is to support eligible veterans and their families by providing them with suitable housing options and financial assistance. The regulations outline the procedures for the appropriation of funds, the rates of interest payable on various transactions, and the payment of interest on progress payments, ensuring clarity and consistency in the administration of benefits under the Act.

Scope and Application

The Defence Service Homes Regulations 1980, made under the Defence Service Homes Act 1918, apply to all entities and individuals involved in transactions related to defence service homes, including the Defence Housing Authority and its borrowers. These regulations primarily concern the appropriation of amounts paid to the Corporation, the payment of interest on various financial transactions, and the rates at which such interest is charged. They have a national reach as they are federal regulations governing conduct and transactions across Australia. The regulations specify certain exclusions and thresholds, such as the differentiation in interest rates based on the amount of advance. Additionally, these regulations can be further extended or restricted through subordinate instruments, ensuring they remain relevant and applicable to changing circumstances.

Key Provisions

The key provisions of these regulations amend the Defence Service Homes Regulations, which were originally established under the Defence Service Homes Act 1918. These amendments, specifically referenced in Regulation 23, primarily concern the appropriation of amounts paid to the Corporation, which administers defence service homes under the Act. The amendment introduces a new allocation for interest payments owed by purchasers or borrowers in relation to various financial transactions under the Act, including purchase money, costs charged, and expenses incurred by the Corporation (Regulation 2(da)). Additionally, Regulation 2(g) introduces a new allocation for the repayment of purchase money, costs, and other amounts due by the purchaser or borrower, in respect of which interest is payable at a specified rate (Regulation 2(g)). These provisions ensure that interest payments are accounted for and allocated appropriately within the financial transactions governed by the Act. The obligations imposed by these regulations require the Corporation to accurately allocate and account for interest payments as specified. Under Regulation 2(da), the Corporation must ensure that interest payments due by purchasers or borrowers are allocated to the correct category, which includes interest accrued on purchase money, costs charged, and other specified amounts. Furthermore, under Regulation 2(g), the Corporation must account for interest payable on amounts due by the purchaser or borrower, such as purchase money and costs, at the specified rate. These obligations are crucial for maintaining financial transparency and ensuring that all interest payments are correctly recorded and accounted for. There are no explicit offences, penalties, or civil/criminal consequences outlined in these regulations for breaches of the specified provisions. However, the accurate appropriation and accounting of interest payments are critical to ensuring compliance with the Defence Service Homes Act 1918. Any failure to correctly allocate or account for interest payments could potentially lead to financial discrepancies or disputes, which may require resolution through the relevant legal or administrative processes. Ensuring compliance with these provisions is essential to avoid any potential financial or administrative issues.

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