Homes Savings Grant Act 1975

Legislation au C2004A00271 Not in force Act

Select Document

HOMES SAVINGS GRANT ACT 1975

No. 49 of 1975

An Act to amend the Homes Savings Grant Act 1964-1973

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

Short title and citation.

1. (1) This Act may be cited as the Homes Savings Grant Act 1975.

(2) The Homes Savings Grant Act 1964-1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Homes Savings Grant Act 1964-1975.

Commencement.

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

Interpretation.

3. Section 4 of the Principal Act is amended—

(a) by inserting in sub-section (1), after the definition of “savings bank”, the following definition:—

“‘Secretary’ means the Secretary to the Department of Housing and Construction;

(b) by omitting from sub-section (1) the definition of “the Secretary”;

“(1b) A determination by the Secretary, by notice published in the Gazette, that a bank is a savings bank or a trading bank for the purposes of this Act may be expressed to have taken effect from a date before the date on which the determination is made (including a date before the commencement of this subsection) and, where a determination is so expressed to have taken effect from a date before the date on which the determination is made, the bank to which the determination relates shall be deemed for the purposes of this Act to have been a savings bank or a trading bank, as the case may be, on and from the date from which the determination is so expressed to have taken effect.”; and

(d) by inserting after sub-section (5) the following sub-section:—

“(5a) After the establishment of an independent sovereign state in the territories that constitute the Territory of Papua and the Territory of New Guinea, this Act applies in relation to the territories in which that independent sovereign state was established in like manner as it applied in relation to those territories before the establishment of that independent sovereign state.”.

Approved credit unions.

4. Section 4b of the Principal Act is amended—

(a) by inserting after sub-section (3) the following sub-section:—

“(3a) The Secretary is not required to approve a credit union for the purposes of this Act where, if the approval were granted, it would, by virtue of sub-section (3), be deemed to have taken effect on and from a date later than 31 December 1976.”; and

(b) by inserting after sub-section (6) the following sub-section:—

“(6a) Sub-section (6) does not require a credit union to furnish to the Secretary a statement in respect of a financial year ending after 31 December 1976.”.

Regional Directors.

5. Section 7 of the Principal Act is amended by inserting after the word “Housing” (wherever occurring) the words “and Construction”.

Delegation.

6. Section 8 of the Principal Act is amended by inserting in sub-section (1), after the word “Housing”, the words “and Construction”.

7. After section 8 of the Principal Act the following section is inserted:—

Performance of functions by Australian Housing Corporation.

“8a. (1) The Secretary may, by writing under his hand—

(a) authorize the Australian Housing Corporation, either generally or otherwise as provided by the instrument of authorization, to exercise or perform all or any of his powers and functions under this Act; and

(b) authorize the Australian Housing Corporation to appoint, in respect of each State, an officer of the Corporation to be the Regional Director for that State for the purposes of this Act.

“(2) An authority by the Secretary under paragraph (1)(a) to the Australian Housing Corporation to exercise or perform a power or function authorizes the Corporation to exercise or perform, or, by writing under its common seal, to appoint an officer of the Corporation to exercise or perform, the power or function concerned.

“(3) An appointment under sub-section (2) may be an appointment of—

(a) a specified officer of the Australian Housing Corporation only; or

(b) every officer of the Australian Housing Corporation from time to time holding, or performing the duties of, a specified office in the service of the Corporation.

“(4) Where, in pursuance of an authority granted under paragraph (1)(b), the Australian Housing Corporation appoints a Regional Director for a State—

(a) any appointment under section 7 of a Regional Director for that State ceases to have effect; and

(b) the Secretary is not required by that section to appoint a Regional Director for that State.

“(5) An authority by the Secretary under this section is revocable at will and, except as provided by sub-section (4), does not prevent the exercise of a power or the performance of a function by the Secretary.

“(6) An appointment by the Australian Housing Corporation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Corporation.”.

Eligible married persons.

8. Section 14 of the Principal Act is amended by omitting from subsection (1) the words “A person is an eligible person” and substituting the words “Subject to section 14e, a person is an eligible person”.

Eligible widowed persons.

9. Section 14a of the Principal Act is amended by omitting the words “A person is an eligible person” and substituting the words “Subject to section 14e, a person is an eligible person”.

Eligible divorced persons.

10. Section 14c of the Principal Act is amended by omitting the words “A person is an eligible person” and substituting the words “Subject to section 14e, a person is an eligible person”.

11. After section 14d of the Principal Act the following section is inserted:—

Limitation on eligibility for grants.

“14e. (1) Notwithstanding sections 14, 14a and 14c—

(a) a person is not an eligible person for the purposes of this Act if the date that would be the prescribed date in relation to the person if he were an eligible person is a date later than 31 December 1976; and

(b) in the case of a person in relation to whom the prescribed date would be later than 21 August 1976—the person is not an eligible person unless acceptable savings were held by the person or his or her spouse, or by the person jointly with his or her spouse, throughout the period that commenced on 21 August 1973 and ended immediately before the prescribed date.

“(2) For the purposes of the application of paragraph (l)(b) in determining whether a married person is an eligible person for the purposes of this Act, any savings held by the spouse of the person (other than savings held jointly with the person) shall be disregarded unless the requirements of paragraphs 14(1)(b), (c), (e), (g) and (h) would be satisfied in relation to the spouse if the references in those paragraphs to the person were references to the spouse.”.

Grants.

12. Section 20 of the Principal Act is amended—

(a) by inserting in sub-section (1a) and in paragraph (a) of sub-section (2), after the words “such later time”, the words “(being a time before 1 July 1978)”; and

(b) by inserting after paragraph (a) of sub-section (2) the following paragraph:—

“(aa) in the case of a person who or whose spouse, or who together with his or her spouse, has entered into a contract for the construction of a dwelling-house by a building-contractor unless—

(i) the construction of the dwelling-house commenced not later than 31 December 1977; and

(ii) the construction of the dwelling-house was completed before 1 July 1978 or the Secretary is satisfied that reasonable progress on the construction of the dwelling-house had been made by that date;

Applications for grants.

13. Section 21 of the Principal Act is amended—

(a) by inserting after sub-section (1c) the following sub-section:—

“(1d) Notwithstanding the foregoing provisions of this section, a grant shall not be made to a person under this Act if the application for the grant is furnished after 31 December 1971.”; and

(b) by omitting from paragraph (b) of sub-section (2) the word “Municipality” and substituting the word “City”.

Amount of grant.

14. Section 22 of the Principal Act is amended by adding at the end thereof the following sub-section: —

“(12) Sub-section (11) does not apply in relation to an application for a grant under this Act where the date that is the assumed date for the purposes of that sub-section is later than 31 December 1976.”.

Evidence.

15. Section 31 of the Principal Act is amended by inserting in sub-section (1), after the word “Housing”, the words “, Secretary to the Department of Housing and Construction”.

Reports.

16. Section 32 of the Principal Act is amended by adding at the end thereof the following sub-section: —

“(3) The Secretary is not required by sub-section (1) to furnish a report as to the administration and operation of this Act during any year after the year ending on 30 June 1978.”.

Formal amendments.

17. The Principal Act is amended as set out in the Schedule.

SCHEDULE Section 17

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter or letters, to identify a section of that Act, and substituting that number expressed in figures:—

Sections 4(6), 4a(1) and (3), 14b(3), (4), (5) and (7), 14d(3), (4), (5) and (6), 18(1), 19(1), 20a(3), 21(1a) and (1c).

2. The following provisions of the Principal Act are amended by omitting the words “of this Act” and “of this section ” (wherever occurring):—

Sections 4b(8), (9)(b), (10)(a) and (10)(b), 13(5), 14b(3), (4) and (7), 14d(3), (4) and (6), 18(1), 20(4), (4a) and (6), 20a(3), 21(1a) and (1c), 22(1), (1a), (2a) and (11).

3. The Principal Act is further amended as set out in the following table:—

Provision	Amendment
Section 4(2)(a)(ii)......	Omit “the twenty-sixth day of October, One thousand nine hundred and sixty-nine”, substitute “26 October 1969”.
Section 4(6)..........	Omit “, of this Act” (last occurring).
Section 4a(3)..........	Omit“ of this Act”.
Section 4b(1).........	Omit “the thirtieth day of June”, substitute “30 June”.
Section 14(1)(d)(i)......	Omit “the thirtieth day of April, One thousand nine hundred and sixty-seven” substitute “30 April 1967”,
Section 14(1)(f)........	Omit “the second day of December, One thousand nine hundred and sixty-three”, substitute “2 December 1963”.
Section 14a(f).........	Omit “the twenty-eighth day of November, One thousand nine hundred and sixty-six,”, substitute “28 November 1966”.
Section 14b(3).........	(a) Omit “One thousand nine hundred and sixty-four”, substitute “1964”.
	(b) Omit “One thousand nine hundred and sixty-seven”, substitute “1967”.
Section 14b(4).........	(a) Omit “One thousand nine hundred and sixty-four”, substitute “1964”.
	(b) Omit “One thousand nine hundred and sixty-seven”, substitute “1967”.
Section 14b(5).........	(a) Omit “of this Act” (first occurring).
	(b) Omit “the thirty-first day of December, One thousand nine hundred and sixty-seven” (first occurring), substitute “31 December 1967”.
	(c) Omit “the thirty-first day of December, One thousand nine hundred and sixty-seven” (last occurring), substitute “31 December 1967”.
Section 14b (6)........	Omit “the twenty-sixth day of October, One thousand nine hundred and sixty-nine”, substitute “26 October 1969”.
Section 14c(f).........	Omit “the twenty-seventh day of October, One thousand nine hundred and sixty-nine,”, substitute “27 October 1969”.
Section 14d(3).........	(a) Omit “One thousand nine hundred and sixty-four”, substi- tute“1964”.
	(b) Omit “One thousand nine hundred and seventy”, substitute “1970”.
Section 14d(4).........	(a) Omit “One thousand nine hundred and sixty-four”, substitute “1964”.
	(b) Omit “One thousand nine hundred and seventy”, substitute “1970”.
Section 14d(5).........	(a) Omit “of this Act "(first occurring).
	(b) Omit “the thirty-first day of December, One thousand nine hundred and seventy” (first occurring), substitute “31 December 1970”.
	(c) Omit “the thirty-first day of December, One thousand nine hundred and seventy,” (last occurring), substitute “31 December 1970”

SCHEDULE—continued

Provision	Amendment
Section 15(1)................	Omit “the thirty-first day of December, One thousand nine hundred and sixty-four”, substitute “31 December 1964”.
Section 16(1)................	Omit “the thirty-first day of December, One thousand nine hundred and sixty-four”, substitute “31 December 1964”.
Section 16(2)................	Omit “the thirty-first day of December, One thousand nine hundred and sixty-four,”, substitute “31 December 1964”.
Section 16(3)................	(a) Omit “the thirty-first day of December, One thousand nine hundred and sixty-four”, (wherever occurring), substitute “31 December 1964”.
	(b) Omit “the thirty-first day of December. One thousand nine hundred and sixty-seven”, (wherever occurring), substitute “31 December 1967”.
Section 16(4)................	Omit “the twenty-sixth day of October, One thousand nine hundred and sixty-nine”, substitute “26 October 1969”.
Section 17(1)................	Omit “the first day of July, One thousand nine hundred and sixty-five”, (wherever occurring), substitute “1 July 1965”.
Section 20(2)(b)..............	(a) Omit “the twenty-seventh day of November, One thousand nine hundred and sixty-six” (wherever occurring), substitute “27 November 1966”.
	(b) Omit “the twenty-sixth day of October, One thousand nine hundred and sixty-nine”, (wherever occurring), substitute “26 October 1969”.
	(c) Omit “the fifteenth day of August, One thousand nine hundred and seventy-two”, substitute “15 August 1972”.
Section 22(1)................	Omit “the thirty-first day of December, One thousand nine hundred and sixty-four,”, substitute“31 December 1964”.
Section 22(1a)...............	(a) Omit “the thirty-first day of December, One thousand nine hundred and sixty-four,”, substitute“31 December 1964”.
	(b) Omit “the thirtieth day of April, One thousand nine hundred and sixty-seven”, substitute “30 April 1967”.
Section 22(1b)...............	Omit “the thirtieth day of April, One thousand nine hundred and sixty-seven”, substitute “30 April 1967”.
Section 22(2)................	Omit “the fifteenth day of August, One thousand nine hundred and seventy-two”, substitute “15 August 1972”.
Section 22(8)................	(a) Omit “the first day of May, One thousand nine hundred and sixty-six”, substitute “1 May 1966”.
	(b) Omit “of this section” (last occurring).
Section 22(9)(a)..............	Omit “the first day of January, One thousand nine hundred and sixty-five”, substitute “1 January 1965”.
Section 22(9)(b)..............	(a) Omit “the first day of January, One thousand nine hundred and sixty-five,”, substitute" 1 January 1965”.
	(b) Omit “the first day of May, One thousand nine hundred and sixty-six”, substitute “1 May 1966”.
Section 22(9)(c)..............	(a) Omit “the first day of May, One thousand nine hundred and sixty-six”, substitute“1 May 1966”.
	(b) Omit “the fifteenth day of August, One thousand nine hundred and seventy-two”, substitute “15 August 1972”.
Section 32..................	Omit “each thirtieth day of June”, substitute “30 June in each year”.

Overview

The Homes Savings Grant Act 1975 was enacted by the Queen, the Senate, and the House of Representatives of Australia to amend the Homes Savings Grant Act 1964-1973, also referred to as the Principal Act. The purpose of this Act is to update and refine the provisions of the Principal Act, ensuring that it remains relevant and effective in addressing the needs of the time. This Act introduces amendments to various sections of the Principal Act, including definitions, the role of the Secretary, delegation of powers, eligibility criteria for grants, and the timeline for applications and construction. By implementing these changes, the Act aims to enhance the administration and operation of the Homes Savings Grant scheme, ensuring that it continues to support eligible individuals in their pursuit of home ownership.

Scope and Application

The Homes Savings Grant Act 1975 applies to the administration and management of grants intended to assist eligible persons, including married, widowed, and divorced individuals, with their home savings and related transactions. This Act amends the Homes Savings Grant Act 1964-1973, now referred to as the Principal Act, which is applicable across the Commonwealth of Australia. The Act applies to savings banks and trading banks as defined, and it extends to any territories that were part of the Territory of Papua and the Territory of New Guinea before the establishment of an independent sovereign state. The Act introduces amendments, including changes to the definitions, the removal of certain obligations for credit unions, and the introduction of the Australian Housing Corporation's role in performing functions previously reserved for the Secretary. Specific exclusions and limitations are introduced, such as the ineligibility of individuals whose prescribed date is later than 31 December 1976, unless they meet certain savings requirements. Additionally, applications for grants must be submitted by 31 December 1971, and the construction of dwelling-houses under a contract must commence before 31 December 1977 to be eligible for a grant. The Act also outlines that the Secretary is not required to furnish a report on the administration and operation of this Act after 30 June 1978. The Act's provisions can be further extended or modified through subordinate instruments as necessary.

Key Provisions

The Homes Savings Grant Act 1975, as amended, contains several key provisions that update and modify the original Homes Savings Grant Act 1964-1973. Section 1 establishes the title and citation of the Act, referring to the Principal Act, which is the original Act as amended by this 1975 Act. Section 3 amends the interpretation of terms by adding definitions for "Secretary" and modifying the effective date for certain determinations made by the Secretary. Section 4 modifies the approval process for credit unions, while Section 5 adds "Construction" to the role of the Secretary. Section 6 allows for the delegation of powers and functions to the Australian Housing Corporation, including the appointment of Regional Directors (Section 8a). The Act imposes several obligations on the parties it governs. Section 14e introduces limitations on eligibility for grants, requiring that applicants meet certain criteria, including holding acceptable savings before a specified date. Section 20 amends the conditions under which grants can be provided, specifically requiring that the construction of a dwelling house commence by a certain date and be completed or making reasonable progress by another specified date. Section 21 imposes a deadline for applications for grants, prohibiting grants from being made if the application is submitted after a certain date. Section 22 modifies the amount of grant that can be provided under the Act. Breaches of the provisions of the Homes Savings Grant Act 1975 may have civil or criminal consequences. While specific offences and penalties are not detailed in the excerpt provided, the Act generally allows for the Secretary to take action against entities that do not comply with its requirements. This may include revoking authorisations or imposing fines, as is typical with regulatory legislation. The Act also includes provisions for reports and evidence (Sections 31 and 32), which would be subject to compliance and potential penalties for non-fulfilment.

Area of Law: Property Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Regulatory Standards; Reporting & Disclosure Obligations

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions