EXPLANATORY STATEMENT
STATUTORY RULES NO. 214
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR VETERANS’ AFFAIRS
DEFENCE SERVICE HOMES ACT 1918
DEFENCE SERVICE HOMES REGULATIONS (AMENDMENT)
Section 51 of the Defence Service Homes Act 1918 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which, by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to the Act.
Paragraph 20(1)(b) of the Act provides that the Corporation may make an advance for the purpose of enabling an applicant to purchase land and erect thereon a dwelling-house. Section 22 of the Act provides that an advance may be made by such instalments and subject to such conditions as are prescribed. Regulation 32 of the Defence Service Homes Regulations provides that advances may be made by instalments for the purpose of erecting, completing or enlarging dwelling-houses.
The Regulations do not provide for advances to be made by instalments for the joint purchase of land and erection thereon of a dwelling-house. Regulation 1(a) amends existing regulation 32 to extend its operation to paragraph 20(1)(b) of the Act.
Regulations 1(b) and (2) make consequential amendments to the Regulations.
Overview
The Defence Service Homes Regulations (Amendment) Statutory Rules No. 214, issued in 1997 by the authority of the Minister of State for Veterans’ Affairs, amends the Defence Service Homes Regulations 1918 to address a gap in the provision of financial assistance for veterans and their families. The Defence Service Homes Act 1918 enables the Governor-General to make regulations necessary for the Act's implementation, with Section 20(1)(b) allowing the Corporation to make advances for the purchase of land and erection of a dwelling-house. However, the existing regulations did not permit instalment payments for joint land purchases and housing construction. By amending Regulation 32, the new rules now allow for such instalments, thus expanding financial support options for eligible applicants and ensuring that the regulatory framework remains responsive to the needs of veterans and their families. The policy objective behind these amendments is to provide more flexible and accessible financial assistance for housing needs within the veteran community.
Scope and Application
The Defence Service Homes Regulations (Amendment) Statutory Rules No. 214, issued under the authority of the Minister of State for Veterans’ Affairs, amend the Defence Service Homes Regulations to align with certain provisions of the Defence Service Homes Act 1918. These amendments extend the application of instalment advances to include the joint purchase of land and the erection of a dwelling-house. This legislative amendment is intended to ensure that the provisions of the Act are fully implemented and that the regulation of advances for home construction is comprehensive. The regulations apply to all entities and individuals who are eligible for advances under the Act, which includes veterans and their families, as well as other qualified persons. The jurisdictional reach of these regulations is nationwide, given that they pertain to an Act of the Commonwealth of Australia. There are no stated exclusions or exemptions in these specific regulations; however, any exclusions or exemptions would typically be outlined in the Act itself or in other related regulations. The application of the Act and its regulations may be further extended or restricted through subordinate instruments as deemed necessary by the Governor-General or the relevant authorities.
Key Provisions
The main operative sections of the Defence Service Homes Regulations (Amendment) (F1997B01877) concern the modification of existing regulations to allow for instalment payments when purchasing land and erecting a dwelling-house under section 20(1)(b) of the Defence Service Homes Act 1918. Regulation 1(a) amends regulation 32, which previously only permitted instalments for the erection, completion, or enlargement of dwelling-houses, to also cover the joint purchase of land and the erection of a dwelling-house. This means that applicants can now receive financial assistance in stages for these activities. Regulation 1(b) and (2) are consequential amendments to ensure consistency and coherence within the existing regulatory framework.
The Act imposes obligations on the Defence Service Homes Corporation to provide financial advances under section 20(1)(b), which are subject to the terms and conditions as prescribed by regulation 32. The amended regulation 32 now includes the provision for instalment payments, thereby broadening the scope of financial assistance available to applicants. The Corporation must also adhere to the conditions set out in the amended regulation when making such advances. Furthermore, applicants must comply with the terms and conditions of the instalment payments as stipulated by the amended regulation.
Failure to comply with the provisions of the Defence Service Homes Act 1918 and the Defence Service Homes Regulations may result in civil or criminal consequences. The specific offences and penalties are not detailed in the explanatory statement. However, breaches of statutory provisions under such legislation could potentially lead to legal action, fines, or other penalties as determined by the relevant courts. The maximum penalties, if applicable, would be in accordance with the prevailing laws and regulations governing the enforcement of the Act and its subsidiary legislation.