Homes Savings Grant Amendment Act 1976

Legislation au C2004A01545 Not in force Act

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HOMES SAVINGS GRANT AMENDMENT ACT 1976

 

No. 114 of 1976

 

An Act to amend the Homes Savings Grant Act 1964-1975.

 

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

Short title and citation.

1. (1) This Act may be cited as the Homes Savings Grant Amendment Act 1976.

(2) The Homes Savings Grant Act 1964-1975 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 1964-1976.

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 omitting from paragraph (e) of the definition of “approved interest” in sub-section (1) the word “or” (last occurring);

(b) by inserting in the definition of “approved interest” in sub-section (1) the following paragraph:—

“(ea) an interest of the kind referred to in sub-section (1) of section 4c; or”; and

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

“(6a) Where a person has entered into a contract for the purchase of a structure for removal to land situated in Australia, being a structure intended for use as a dwelling-house on that land, then, for the purposes of this Act—

(a) that contract and any other contract relating to the removal of that structure to, or its siting on, that land shall be deemed to be a contract for the construction by a building - contractor of a dwelling-house on that land; and

(b) construction under that last-mentioned contract shall be deemed to have commenced on the date on which the contract for the purchase of the structure was entered into.”.

Approved credit unions.

4. Section 4b of the Principal Act is amended by omitting from sub-section (7) the words “the last preceding sub-section” and substituting the word and figure “sub-section (6)”.

5. After section 4b of the Principal Act the following section is inserted:—

Dwelling-house on rural property.

“4c. (1) Where a person—

(a) has, on or after 1 April 1976 and, in the case of a widower or widow or a divorced person, while the person was a widower or widow or a divorced person—

(i) entered into a contract for the construction by a building- contractor, on land situated in Australia, of a dwelling-house the construction of which commenced on or after that date; or

(ii) commenced to construct, otherwise than through a building-contractor, on land situated in Australia, a dwelling-house; and

(b) satisfies the Secretary that the land forms part of a rural property owned by another person (whether that other person holds the land as a trustee or not) who has given permission to the first-mentioned person to occupy the dwelling-house when completed,


then, for the purposes of this Act, that permission shall be deemed to create an interest in the land in favour of that first-mentioned person and that first-mentioned person shall be deemed to be the owner of that interest.

“(2) A person shall be deemed to comply with paragraph (a) of sub-section (1) if the action required to be taken by that person to comply with that paragraph was taken by—

(a) in the case of a person who is married—the spouse of the person or the person and his or her spouse acting jointly;

(b) in the case of a person who is a widower or widow—the person and a child or children of the person or of a deceased spouse of the person acting jointly; or

(c) in the case of a person who is a divorced person—the person and a child or children of the person or of a former spouse of the person acting jointly.

“(3) In this section, ‘rural property’ means—

(a) land used wholly or substantially for primary production; or

(b) land that the Secretary is satisfied should, having regard to its extent, location, use or zoning, be treated as a rural property for the purposes of this Act.”.

6. Section 16a of the Principal Act is repealed and the following section substituted:—

Acceptable savings to include moneys deposited with credit unions.

“16a. The acceptable savings of a person as at any time include moneys saved in Australia by the person and maintained at that time by the person, or by the person jointly with his or her spouse, on deposit with—

(a) in the case of a person in relation to whom the prescribed date is a date earlier than 1 April 1976—a credit union that was an approved credit union for the purposes of this Act at that time or on the date that is the prescribed date in relation to the person; or

(b) in any other case—any credit union.”.

Grants.

7. Section 20 of the Principal Act is amended—

(a) by omitting from sub-section (1a) the words “(being a time before 1 July 1978)”;

(b) by omitting from paragraph (a) of sub-section (2) the words “(being a time before 1 July 1978)”;

(c) by omitting paragraph (aa) of sub-section (2); and

(d) by adding at the end thereof the following sub-section:—

“(7) Paragraph (e) of sub-section (2) does not apply in relation to an eligible person in relation to whom the prescribed date is a date not earlier than 1 April 1976.”.

Application for grants.

8. Section 21 of the Principal Act is amended by omitting sub-section (1d) and substituting the following sub-section:—

“(1d) Sub-section (1), to the extent that it provides for the time within which an application for a grant under this Act is to be made, and sub-section (1a) do not apply in relation to—

(a) an eligible person in relation to whom the prescribed date is a date not earlier than 1 April 1976; or

(b) a person (other than an eligible person) to whom section 20a applies, being a person the prescribed date in relation to whose deceased spouse is a date not earlier than 1 April 1976.”.

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Overview

The Homes Savings Grant Amendment Act 1976 was enacted to address gaps and update provisions in the Homes Savings Grant Act 1964-1975. This Act was passed by the Queen and the Senate and House of Representatives of the Commonwealth of Australia, reflecting the legislative process of the nation. The overarching policy objective of this amendment was to expand the eligibility criteria for housing grants and to streamline the application process, ensuring that more individuals could benefit from the scheme. The Act aimed to facilitate the construction and purchase of dwellings, particularly in rural areas, by clarifying the definitions and conditions for receiving grants. This legislative effort underscores the commitment to supporting home ownership and development across Australia.

Scope and Application

The Homes Savings Grant Amendment Act 1976 amends the Homes Savings Grant Act 1964-1975, extending its application to certain types of contracts and interests related to the construction of a dwelling-house in Australia. Specifically, the Act applies to individuals who enter into contracts for the purchase of a pre-fabricated structure intended for use as a dwelling-house and those who commence construction of a dwelling-house on rural property. The Act deems these contracts and construction activities as equivalent to contracts for construction by a building contractor. The geographic reach of the Act is national, applying to any land situated within Australia. The Act also broadens the definition of "acceptable savings" to include moneys deposited with credit unions, irrespective of the date. The Act does not specify any exclusions or exemptions, and its provisions are not extended or restricted through subordinate instruments.

Key Provisions

The Homes Savings Grant Amendment Act 1976 (referred to as the Amendment Act) amends the Homes Savings Grant Act 1964-1975 (referred to as the Principal Act). The Amendment Act introduces several key provisions that modify the Principal Act. The first significant change is the expansion of the definition of “approved interest” in section 4 of the Principal Act (section 3(a)-(c)). This expansion includes new categories of interests and deems certain contracts related to the purchase and removal of structures intended for use as dwellings to be contracts for the construction of a dwelling-house. The Amendment Act also alters the definition of “approved credit unions” by amending section 4b of the Principal Act (section 4), ensuring that credit unions are included as acceptable savings institutions for the purposes of the Act. Furthermore, the Amendment Act introduces a new section, section 4c, which deems an interest in rural property for the purposes of a dwelling-house constructed by a person on land owned by another person who has given permission for occupation (section 5). The Amendment Act imposes several obligations on the parties governed by the Act. Firstly, it requires individuals who enter into contracts for the purchase of structures intended for use as dwellings or commence construction of such dwellings to satisfy certain conditions to be eligible for the grant (section 4c). These conditions include the requirement that the construction commences on or after 1 April 1976 and that the land forms part of a rural property owned by another person who has given permission for occupation. Secondly, the Amendment Act requires that the acceptable savings of a person include moneys saved in Australia and deposited with credit unions, with certain conditions applying to the approval of credit unions (section 6). Additionally, the Amendment Act modifies the eligibility criteria and application deadlines for grants, removing certain time-based restrictions and introducing new conditions based on prescribed dates (sections 7 and 8). Failure to comply with the requirements and obligations imposed by the Amendment Act may result in various consequences. While the Amendment Act does not explicitly outline specific offences or penalties for non-compliance, breaches of the conditions for eligibility for grants or failure to meet the requirements for acceptable savings could potentially lead to disqualification from receiving grants under the Act. Such consequences may include the denial of grant applications or the revocation of previously awarded grants. It is important to note that while the Amendment Act itself does not specify maximum penalties for non-compliance, other relevant legislation or administrative procedures may impose penalties or sanctions for breaches of the Act’s provisions.

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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.