War Service Homes Act 1929

Legislation au C1929A00013 Not in force Act

Legislation content

 

WAR. SERVICE HOMES.

 

No. 13 of 1929.

An Act to amend the War Service Homes Act 1918-1927.

[Assented to 22nd March, 1929.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the War Service Homes Act 1929.

(2.) The War Service Homes Act 1918–1927 is in this Act referred to as the Principal Act.


(3.) The Principal Act, as amended by this Act, may be cited as the War Service Homes Act 1918–1929.

Power to borrow moneys.

2. Section five of the Principal Act is amended by adding at the end of sub-section (2.) the words “and to borrow moneys for the purposes of this Act”.

Sale of house only to person not already an owner.

3. Section nineteen a of the Principal Act is amended by omitting from paragraph (a) the word “or” and inserting in its stead the word “and”.

Repeal of s. 28B.

4.—(1.) Section twenty-eight b of the Principal Act is repealed.

(2.) This section shall be deemed to have commenced on the date of the commencement of the War Service Homes Act 1918.

Property to be kept in repair until payment in full.

5. Section thirty-one of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “and tenantable” and inserting in their stead the words “order and”; and

(b) by omitting from paragraph (a) of sub-section (2.) the words “Seven hundred” and inserting in their stead the words “Nine hundred and fifty”

Land, &c., not to be transferred. &c., while subject to mortgage, &c.

6. Section thirty-five of the Principal Act is amended—

(a) by omitting paragraph (b) of sub-section (2.) and inserting in its stead the following paragraph:—

“(b) where the proposed transferee is not an eligible person or is an eligible person not approved under the last preceding paragraph—the conditions that the Commissioner is satisfied that the transfer is in the interests of the transferor, that the Commissioner is not aware of any other eligible person approved by him who is willing to become the transferee, and such other conditions as the Commissioner determines”; and

(b) by inserting after sub-section (2.) the following sub-section:—

“(3.) In granting consent to any transfer to which paragraph (b) of the last preceding sub-section applies in pursuance of this section, the Commissioner may determine—

(a) the price which may be charged by the transferor for the land or land and dwelling-house, or estate or interest therein, as the case may be;

(b) the value of the transferor’s interest therein; and

(c) the adjustment rendered necessary as between the Commissioner, the transferor and the transferee by reason of the transfer,

and may, if he thinks fit, advance to the transferee such amount as is necessary, not exceeding ninety per centum of the value of the property transferred, and not exceeding in any event the amount which the Commissioner could advance to an eligible person in respect of the purchase by that person of that property”.


War Service Homes Trust Account.

7.—(1.) Section thirty-nine of the Principal Act is amended—

(a) by omitting from paragraph (c) of sub-section (2.) the words “interest, rents,”;

(b) by inserting in paragraph (c) of sub-section (2.), after the word “except”, the words “interest, rent and”; and

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

“(4.) Any amounts received by the Commissioner under this Act by way of interest or rent shall be paid to the Consolidated Revenue Fund”.

(2.) This section shall be deemed to have commenced on the first day of July One thousand nine hundred and twenty-eight.

8.—(1.) After section forty-eight b of the Principal Act the following section is inserted:—

Re-sales may be at valuation.

“48c. Where a dwelling-house and land have been sold by the Commissioner and have, through failure of the purchaser to complete the purchase or other cause, reverted to the Commissioner, he may, notwithstanding anything contained in this Act, re-sell the dwelling-house and land at their valuation at the date of the re-sale”.

(2.) This section shall be deemed to have commenced on the date of the commencement of the War Service Homes Act 1918.

9. After section fifty b of the Principal Act the following section is inserted:—

Regulations constituting the Commissioner an authority under Commonwealth Housing Act 1927–1928.

“50c.—(1.) The Governor-General may make regulations providing for the constitution of the Commissioner as an authority under the Commonwealth Housing Act 1927–1928 and for the modification of the provisions of the Commonwealth Housing Act 1927–1928 to enable the Commissioner to act as an authority there under:

Provided, however, that the regulations shall not empower the Commissioner acting as such an authority to advance more than the difference between the amount which may be advanced under this Act and eighteen hundred pounds:

And provided further that the regulations shall not be inconsistent with any agreement by which the Commonwealth or the Commissioner is bound.

(2.) Any interest paid by an eligible person to the Commissioner upon advances made to that person out of moneys received by the Commissioner as an advance under the Commonwealth Housing Act 1927–1928 shall, notwithstanding the provisions of section thirty-nine of this Act, be credited to the War Service Homes Trust Account which shall be debited with amounts due by way of repayment of advances made under the Commonwealth Housing Act 1927–1928, together with interest on those advances.”.

Overview

The War Service Homes Act 1929, enacted by the Commonwealth Parliament, serves as an amendment to the War Service Homes Act 1918-1927. This legislation was introduced to address issues and gaps in the existing framework for war service homes, aiming to improve the provision and management of housing for war service personnel. Among other amendments, the Act provides the Commissioner with additional powers, including the ability to borrow money for the purposes of the Act, to ensure that houses are only sold to individuals who do not already own a property, and to manage the transfer of properties under certain conditions. It also introduces changes to the conditions under which properties must be kept in repair, the borrowing provisions, and the handling of interest and rent payments, as well as the re-sale of properties that revert to the Commissioner. The policy objective of the Act is to refine and enhance the administration of war service homes, ensuring they are adequately maintained and managed for the benefit of eligible persons.

Scope and Application

The War Service Homes Act 1929 applies to the Commissioner of the War Service Homes scheme, which is an entity within the Commonwealth of Australia. The Act aims to amend the existing War Service Homes Act 1918-1927 to introduce new provisions for the management and administration of the scheme. It provides the Commissioner with additional powers, including the ability to borrow money for the purposes of the Act, and sets out the conditions under which property can be transferred, re-sold, or kept in repair. The Act applies nationally within the Commonwealth and is not subject to any specific exclusions or exemptions. The Act also extends its application through subordinate instruments, such as regulations that may be made under the Act or other related Acts, such as the Commonwealth Housing Act 1927–1928. These regulations may provide further details on the implementation of the Act and its provisions.

Key Provisions

The War Service Homes Act 1929 primarily focuses on amending the existing War Service Homes Act 1918–1927. Key changes include the addition of borrowing powers (section 2), modification of the sale restrictions to ensure houses are only sold to non-owners (section 3), and the repeal of section 28B (section 4). The Act also mandates that properties remain in good repair until full payment is made (section 5) and prohibits the transfer of properties while under mortgage (section 6). Furthermore, it introduces provisions for the War Service Homes Trust Account, stipulating that interest or rent received by the Commissioner must be paid into the Consolidated Revenue Fund (section 7). Additionally, the Act allows for the re-sale of reverted properties at their valuation (section 8) and establishes the Commissioner as an authority under the Commonwealth Housing Act 1927–1928, with specific limitations on advances (section 9). The Act imposes various obligations on the Commissioner, including ensuring that properties are kept in repair until full payment is made, determining whether transfers are in the interests of the transferor, and managing the War Service Homes Trust Account. The Commissioner must also ensure that any interest or rent received is appropriately accounted for in the Consolidated Revenue Fund. Furthermore, the Act mandates that the Commissioner can act as an authority under the Commonwealth Housing Act 1927–1928, subject to specific conditions regarding the amount of advances that can be made. Breaches of the Act may result in various civil or criminal consequences. While the Act does not explicitly outline specific penalties, it is reasonable to infer that failure to comply with the outlined provisions, such as not maintaining properties in good repair or improper handling of the War Service Homes Trust Account, could lead to legal action. Additionally, exceeding the prescribed limits for advances under the Commonwealth Housing Act 1927–1928 could also result in legal repercussions. The precise penalties would likely be determined by subsequent legislation or judicial interpretation.

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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.