War Service Homes Act 1949

Legislation au C1949A00024 Not in force Act

Legislation content

WAR SERVICE HOMES.

 

No. 24 of 1949.

An Act to amend the War Service Homes Act 19181948.

[Assented to 1st July, 1949.]

BE it enacted by the Kings 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 1949.

(2.) The War Service Homes Act 19181948 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 19181949.


Commencement.

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

Total cost of dwelling-house.

3. Section eighteen of the Principal Act is amended by omitting from sub-section (1.) the words One thousand seven hundred and fifty pounds (wherever occurring) and inserting in their stead the words Two thousand pounds.

Sale of dwelling-house.

4. Section nineteen of the Principal Act is amended by omitting sub-sections (3.) and (4.) and inserting in their stead the following sub-section:—

(3.) Where the Director sells to an eligible person a dwelling-house together with the land on which it is erected, the following provisions shall apply with respect to the payment of a deposit by the eligible person:—

(a) if the purchase money does not exceed One thousand two hundred and fifty pounds, the Director may, if he considers that course necessary, require a deposit not exceeding five per centum of the purchase money;

(b) if the purchase money exceeds One thousand two hundred and fifty pounds but does not exceed One thousand seven hundred and fifty pounds, the Director shall, subject to paragraph (e) of this sub-section, require a deposit of five per centum of the purchase money;

(c) if the purchase money exceeds One thousand seven hundred and fifty pounds, the Director shall, subject to paragraph (e) of this sub-section, require a deposit of five per centum of the purchase money, plus one per centum of the purchase money for every Fifty pounds, or part thereof, by which the purchase money exceeds One thousand seven hundred and fifty pounds;

(d) where the land on which the dwelling-house is erected, or an interest in that land, has been acquired by the Director from the eligible person, the deposit which, apart from this paragraph, the Director is authorized or required to obtain shall be reduced by any amount which the Director has agreed to credit to the eligible person in consideration of the transfer to the Director of that land, or of that interest in land, as the case may be; and

(e) in a case to which paragraph (b) or (c) of this sub-section applies, the Director may, in special circumstances, accept a deposit of less than the amount which would, but for this sub-paragraph, be required..

Maximum advance.

5. Section twenty-one of the Principal Act is amended by omitting from sub-section (1.) the words One thousand five hundred pounds (wherever occurring) and inserting in their stead the words Two thousand pounds.


Property to be kept in repair until payment in full.

6. Section thirty-one of the Principal Act is amended by omitting from paragraph (a) of sub-section (2.) the words One thousand seven hundred and fifty pounds and inserting in their stead the words Two thousand pounds

Action on instalments being overdue.

7. Section thirty-six of the Principal Act is amended by omitting from paragraph (a) of sub-section (1c.) the words One thousand seven hundred and fifty pounds and inserting in their stead the words Two thousand pounds.

 

Overview

The War Service Homes Act 1949, enacted by the Parliament of Australia, amends the War Service Homes Act 1918–1948 to address the evolving needs of veterans and their families in relation to housing and financial provisions. The 1949 Act aims to adjust the financial parameters of the original Act, reflecting the changing economic conditions and the increased costs associated with housing. The policy objective of the amendments is to ensure that the financial assistance and housing provisions remain relevant and adequate for the veterans post World War II, thereby providing a more robust support framework for those who have served the nation. The Act increases the total cost of a dwelling-house from £1,750 to £2,000, adjusts the maximum advance to the same amount, and modifies the financial thresholds for deposit requirements when purchasing a dwelling-house. These amendments are designed to align the financial support mechanisms more closely with the actual costs of housing and to ensure that veterans receive appropriate financial assistance in their post-service lives.

Scope and Application

The War Service Homes Act 1949 amends the War Service Homes Act 1918–1948, and applies to eligible persons, typically war service members and their families, who seek to purchase or occupy war service homes. This Act has a national reach within the Commonwealth of Australia, governing the provision and conditions of war service homes. It modifies the financial parameters around the cost of dwellings and the deposit requirements for eligible persons purchasing these properties, adjusting thresholds and conditions for these financial aspects. The Act also outlines the maintenance obligations for properties and the actions taken when instalments are overdue, adjusting the monetary thresholds for these provisions. While the Act itself sets out these changes, it does not explicitly mention any exclusions or exemptions, and its provisions can be further elaborated or modified through subordinate instruments.

Key Provisions

The War Service Homes Act 1949 makes several amendments to the War Service Homes Act 1918–1948. The Act introduces changes to the total cost of a dwelling house, the deposit required for the sale of such houses, the maximum advances provided, and conditions for property maintenance until full payment. Section 3 of the Act increases the maximum cost of a dwelling house from £1,750 to £2,000, as per the amendment of Section 18 of the Principal Act. Section 4 amends Section 19 of the Principal Act concerning the deposit requirements for the sale of a dwelling house. If the purchase price does not exceed £1,250, the Director may require a deposit of up to 5% of the purchase price. If the purchase price exceeds £1,250 but does not exceed £1,750, the Director must require a 5% deposit. For purchase prices exceeding £1,750, the deposit is 5% plus an additional 1% for every £50, or part thereof, by which the purchase price exceeds £1,750. Furthermore, if the land was previously owned by the eligible person, the deposit is reduced by any credit agreed upon for the land or interest in the land. The obligations imposed on parties governed by this Act include the requirement for eligible persons to pay deposits as stipulated in Section 4 and maintain the property until full payment, as per Section 6. The Director is obligated to adhere to the new deposit requirements and conditions for property maintenance outlined in Sections 4 and 6. Section 5 of the Act increases the maximum advance from £1,500 to £2,000, amending Section 21 of the Principal Act. This change potentially impacts the financial support available to eligible persons. The Act also introduces consequences for non-compliance. Under Section 36, if instalments are overdue and the amount due exceeds £2,000, the Director is required to take certain actions. Although specific penalties are not detailed in the provided text, it is implied that failure to comply with the payment and deposit requirements could result in legal consequences, including potential forfeiture of the property or other financial penalties as stipulated under the Principal Act or other relevant legislation. The precise nature of these consequences would depend on the specifics of the original Act and any subsequent amendments or interpretations by the courts.

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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.