War Service Homes Act 1932

Administered by Department of Defence

Legislation au C1932A00006 In force Act

Legislation content

 

WAR SERVICE HOMES.

 

No. 6 of 1932.

An Act to amend sections thirty-one, thirty-six and forty-three of the War Service Homes Act 1918–1929.

[Assented to 26th March, 1932.]

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 1932.

(2.) The War Service Homes Act 1918–1929 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 1918–1932.

Property to be kept in repair until payment in full.

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

(a) by omitting from paragraph (a) of sub-section (2.) the words “enter upon the property and”; and

(b) by inserting in that paragraph, after the word “necessary”, the words “and may for that purpose enter upon the property”.

Action on instalments being overdue.

3.—(1.) Section thirty-six of the Principal Act is amended by inserting, after sub-section (1.), the following sub-sections:—

“(1a.) Notwithstanding the cancellation of any contract of sale, the Commissioner may sue for and recover from the purchaser any money which became due under the contract at any time prior to the date of cancellation of the contract.

“(1b.) For the purposes of the last preceding sub-section, where cancellation of a contract of sale takes place during any period in respect of which an instalment is accruing due, a proportionate sum shall be deemed to have fallen due up to the date of cancellation.

“(1c.) Where the Commissioner has entered upon and taken possession of any land and dwelling-house—

(a) he may effect all repairs which he deems necessary, and the expenses thereby incurred, together with interest at the same annual rate as that which is payable on the purchase money or advance, as the case may be, shall be paid to the Commissioner by the purchaser or borrower on demand or by such instalments and at such times as are prescribed or the Commissioner determines, and until repayment shall be a charge under the contract of sale or mortgage or other security upon the property, notwithstanding that the cost to the Commissioner is thereby increased to more than Nine hundred and fifty pounds:

Provided that in respect of any repairs effected after the fifteenth day of March One thousand nine hundred and thirty-two the amount which the purchaser or borrower is liable to pay to the Commissioner under this paragraph shall not in any event exceed the sum of Forty pounds; and

(b) if the Commissioner is satisfied that it is not possible to effect an immediate sale of the property at a reasonable price, he may let the property, upon such terms and conditions as he thinks fit, until such time as, in his opinion, it is possible to effect a sale at a reasonable price, and the rent received shall be applied in the same manner as the proceeds of any sale made in pursuance of this Part.”.


(2.) The amendment of the Principal Act made by sub-section (1.) of this section shall be deemed to have commenced on the date of the commencement of the War Service Homes Act 1918, and any action or proceeding taken or instituted, prior to the commencement of this sub-section, under the provisions of any regulation made or purporting to have been made under the War Service Homes Act 1918, or under that Act as amended by any subsequent Act, for the recovery of any money which became due under a contract of sale at any time prior to the date of cancellation of the contract, shall be as valid and effectual as if section thirty-six of the Principal Act, as amended by sub-section (l.) of this section, had been in force at the date of such action or proceeding, and the action or proceeding had been commenced under that section as so amended:

Provided that nothing contained in this section shall affect any judgment of the Supreme Court of a State given, prior to the commencement of this sub-section, in favour of any person in respect of his liability to pay any money which became due under a contract of sale prior to the cancellation of that contract.

4. Section forty-three of the Principal Act is repealed and the following section inserted in its stead:—

Service of notices.

“43.—(1.) Any notice required by this Act to be given may be served personally or by post, and, if required to be given to a purchaser or borrower, shall be deemed to have been duly given—

(a) if served personally or by post upon the purchaser or borrower either at the dwelling-house purchased from, or in respect of which an advance has been made by, the Commissioner, or at the last known address of the purchaser or borrower; or

(b) in the event of the death of the purchaser or borrower—

(i) where probate or letters of administration have been granted—if served personally or by post upon the executor or administrator of the estate of the purchaser or borrower; or

(ii) where probate or letters of administration have not been granted—if served personally or by post upon the occupier of the land or dwelling-house purchased from, or in respect of which an advance has been made by, the Commissioner, or, in the event of there being no occupier, if affixed upon some conspicuous part of the land or dwelling-house.

“(2.) Any notice required to be given under this Act or the Regulations by the Commissioner shall be deemed to have been duly given if signed for or on behalf of the Commissioner by the holder of an office specified by the Commissioner by notice published in the Gazette.”.

Overview

The War Service Homes Act 1932 was enacted to amend the War Service Homes Act 1918–1929, addressing issues related to the maintenance and sale of war service homes. Enacted by the Parliament of the Commonwealth of Australia, the Act aimed to improve the administration and management of war service homes, ensuring they are kept in repair and properly managed until full payment is made by the purchasers. The policy objective was to facilitate the recovery of funds from purchasers who have fallen into arrears and to provide mechanisms for the Commissioner to maintain properties until they can be sold at a reasonable price. The Act introduced amendments to allow the Commissioner to enter upon properties for necessary repairs and to recover any overdue instalments from purchasers, even after the cancellation of a contract of sale. Additionally, it enabled the Commissioner to undertake repairs and charge the purchaser or borrower for these expenses, with a cap on repair costs post-March 15, 1932. The Act also provided for the leasing of properties if immediate sale was not feasible and stipulated methods for serving notices to purchasers or borrowers, ensuring compliance with legal requirements.

Scope and Application

The War Service Homes Act 1932 amends certain sections of the War Service Homes Act 1918–1929, which pertains to the management and maintenance of properties, particularly those sold or leased under the Act. The amendments apply to the Commissioner for War Service Homes and those who have purchased or borrowed properties under the Act. The Act has a national reach, being a Commonwealth statute, and it applies to all persons and entities involved in the transactions and properties managed under the Act. The Act includes provisions for the repair of properties until full payment is made, the ability to sue for overdue instalments even after the cancellation of a contract, and the imposition of repair costs and interest on the purchaser or borrower. Additionally, it provides for the leasing of properties if immediate sale is not feasible and specifies the conditions under which notices can be served on purchasers or borrowers. The Act does not explicitly state any exclusions, but the provisions are narrowly tailored to the administration of war service homes, implying that it does not extend to unrelated properties or transactions.

Key Provisions

The War Service Homes Act 1932 introduces amendments to certain sections of the War Service Homes Act 1918–1929. Section 2 of the 1932 Act modifies section thirty-one of the Principal Act by allowing the Commissioner to enter upon the property and perform necessary repairs without requiring prior entry upon the property, provided such entry is for the purpose of making the required repairs. This change aims to streamline the process of maintaining the properties in question. Section 3 of the Act introduces several new sub-sections to section thirty-six of the Principal Act, which governs actions on instalments being overdue. Under sub-section (1a), the Commissioner is empowered to sue for and recover any money that became due under a contract of sale prior to its cancellation, even if the contract has been cancelled. Sub-section (1b) stipulates that if a contract is cancelled during a period in which an instalment is accruing due, a proportionate sum shall be deemed to have fallen due up to the date of cancellation. Additionally, sub-section (1c) allows the Commissioner to effect necessary repairs and charge the purchaser or borrower for these expenses, with a cap of forty pounds for repairs carried out after 15 March 1932. The rent from any property let by the Commissioner will be applied in the same manner as the proceeds of a sale, until such time as a sale can be effected at a reasonable price. The obligations imposed by the Act on the parties governed by it include the requirement to keep properties in repair until full payment is made (section 2), to ensure that the Commissioner can enter the property for necessary repairs. Furthermore, purchasers and borrowers must comply with the terms of their contracts, including making timely payments and allowing the Commissioner to undertake repairs if necessary (section 3(1c)). The Act also outlines procedures for the service of notices, stipulating that notices can be served personally or by post, and detailing the conditions under which notices are deemed to have been properly served (section 43). In terms of consequences for breach, the Act does not explicitly outline specific offences or penalties within the provided sections. However, it does state that any action or proceeding taken under the amended provisions will be valid and effectual, suggesting that failure to comply with the Act's requirements could lead to legal consequences. The maximum penalty for breaches of the Act would typically be determined by the courts based on the nature and severity of the breach, but the specific penalties are not detailed within the excerpt provided.

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Property Law
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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.