War Service Homes Act 1951

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WAR SERVICE HOMES.

No. 74 of 1951.

An Act to amend the War Service Homes Act 1918–1949.

[Assented to 11th December, 1951.]

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 1951.

(2.) The War Service Homes Act 1918–1949 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 1918–1951.

Commencement.

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

Interpretation.

3. Section four of the Principal Act is amended—

(a) by inserting in the definition of “Australian Soldier”, after the word “definition” immediately preceding paragraph (e), the words “in relation to service in connexion with the war which commenced on the third day of September, One thousand nine hundred and thirty-nine”;

(b) by adding at the end of the definition of “Holding” the Words “, and includes a suburban holding under the Crown Lands Consolidation Act, 1913 of the Parliament of the State of New South Wales (or under that Act as amended at any time or under any Act enacted in substitution for that Act) an application for which by a person who is an applicant or borrower under this Act has been confirmed in accordance with the law of that State”; and

“(2.) The definition of ‘Australian Soldier’ in the last preceding sub-section applies as if—

(a) the warlike operations in or in connexion with Korea after the twenty-sixth day of June, One thousand nine hundred and fifty, and the warlike operations in or in connexion with Malaya after the twenty-eighth day of June, One thousand nine hundred and fifty, were wars in which His Majesty became engaged after the third day of September, One thousand nine hundred and thirty-nine, and in which His Majesty continues, during the continuance of those operations, to be engaged; and

(b) the forces opposing members of His Majesty’s forces in those operations were the forces of enemies of His Majesty,

but that definition does not apply to a person by virtue of this sub-section unless that person was allotted for duty in an operational area in connexion with those operations and, if he was so allotted while in Australia, or in the part of the King’s Dominions other than the Commonwealth, as the case may be, unless he left the last port of call in Australia or in that other part of the King’s Dominions for the purpose of serving in connexion with those operations.”.

Expenditure above £5,000 to be approved by Minister.

4. Section fourteen a of the Principal Act is amended by omitting the words “Two thousand pounds” and inserting in their stead the words “Five thousand pounds”.

Total cost of dwelling-house.

5. Section eighteen of the Principal Act is repealed.

Arrangements for sewerage, water, gas and electric services.

6. Section eighteen a of the Principal Act is amended by omitting from sub-section (2.) the words “the total cost of the dwelling-house for the purpose of section eighteen of this Act, or”.

Sale of dwelling-houses.

7. Section nineteen of the Principal Act is amended—

(a) by omitting paragraphs (a), (b) and (c) of sub-section (3.) and inserting in their stead the following paragraphs:—

“(a) where the purchase money does not exceed Two thousand pounds, the Director shall, subject to paragraph (e) of this sub-section, require a deposit of five per centum of the purchase money;

“(b) where the purchase money exceeds Two thousand pounds, the Director shall, subject to paragraph (e) of this sub-section and without prejudice to the next succeeding sub-section, require a deposit of five per centum of the first Two thousand pounds of the purchase money and ten per centum of the amount by which the purchase money exceeds Two thousand pounds;”;

(b) by omitting from paragraph (e) of that sub-section the words “in a case to which paragraph (b) or (c) of this sub-section applies” and inserting in their stead the words “subject to the next succeeding sub-section”; and

“(4.) Notwithstanding the provisions of the last preceding sub-section—

(a) where the Director sells a dwelling-house, together with the land on which it is erected, to an eligible person, the Director shall require a deposit of not less than the amount (if any) by which the purchase money exceeds—

(i) in the case of a dwelling-house erected by the Director in pursuance of the last preceding Part—Two thousand seven hundred and fifty pounds; or

(ii) in the case of a dwelling-house acquired by the Director in pursuance of the last preceding Part—Two thousand pounds; and

(b) where the Director sells a dwelling-house, together with the land on which it is erected, to two or more persons jointly under sub-section (1a.) of this section, the Director shall require a deposit of not less than the amount (if any) by which the purchase money exceeds—

(i) in the case of a dwelling-house erected by the Director in pursuance of the last preceding Part—an amount calculated at the rate of Two thousand seven hundred and fifty pounds for each purchaser; and

(ii) in the case of a dwelling-house acquired by the Director in pursuance of the last preceding Part—an amount calculated at the rate of Two thousand pounds for each purchaser.”.

Advances to acquire land, &c.

8. Section twenty of the Principal Act is amended by omitting from sub-section (1.) all the words from the beginning of the subsection to the end of paragraph (a) and inserting in their stead the following words:—

“(1.) Subject to this Act and to the directions of the Minister as to matters of general policy, the Director may, upon application in writing, make an advance to an eligible person on the prescribed security, for the purpose of enabling him—

(a) to erect a dwelling-house on a holding of the applicant;”.

Maximum advance.

9. Section twenty-one of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-sections:—

“(1.) The amount of the advance which may be made to an eligible person under this Part is the amount (not exceeding ninety per centum of the total value of the property in respect of which the advance is made) which the Director considers necessary in order to give effect to the purpose for which the advance is made, but no such advance shall exceed—

(a) in the case of an advance made for a purpose specified in paragraph (a), (b), (d) or (e) of sub-section (1.) of section twenty of this Act—Two thousand seven hundred and fifty pounds; or

(b) in any other case—Two thousand pounds.

“(1a.) Where an advance is made under sub-section (2.) of section twenty of this Act to two or more persons jointly, the amount of the advance may exceed Two thousand seven hundred and fifty pounds or Two thousand pounds, as the case may be, but shall not exceed the sum of the amounts which could have been advanced if an advance had been made to each of those persons separately.”.

Property to be kept in repair until payment in full.

10. Section thirty-one of the Principal Act is amended by omitting from paragraph (a) of sub-section (2.) the words “, notwithstanding that the cost to the Director is thereby increased to more than Two thousand pounds”.

Action on instalments being overdue.

11. Section thirty-six of the Principal Act is amended by omitting from paragraph (a) of sub-section (1c.) the words “, notwithstanding that the cost to the Director is thereby increased to more than Two thousand pounds”.

War Service Homes Trust Account.

12. Section thirty-nine of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (2.) the word “War”;

(b) by omitting from paragraph (b) of that sub-section the words “this Act” and inserting in their stead the words “payment to that Trust Account”; and

Overview

The War Service Homes Act 1951 amends the War Service Homes Act 1918–1949 to address evolving needs of war veterans and their families, particularly in light of new conflicts such as the Korean War and the Malayan Emergency. Enacted by the Parliament of the Commonwealth of Australia, the Act aims to provide updated provisions for the administration and financing of war service homes, ensuring they meet the current requirements of service personnel and their families. The amendments include adjustments to definitions, the threshold for ministerial approval of significant expenditures, changes to the deposit requirements for the sale of dwelling houses, and modifications to the maximum advances that can be made to eligible persons for various purposes. These changes reflect a policy objective to support veterans effectively by adapting the legislative framework to the changing socio-economic landscape and the expanded scope of military engagements.

Scope and Application

The War Service Homes Act 1951 amends the War Service Homes Act 1918–1949, providing updated provisions for the administration of war service homes and related services. This Act applies to eligible persons, which includes Australian soldiers who served in World War II and subsequent conflicts such as Korea and Malaya, provided they were allotted for duty in an operational area. The Act applies to the Commonwealth of Australia and is intended to provide housing and related services to eligible veterans and their families. The amendments address the financial aspects of the Act, such as the threshold for ministerial approval of expenditure, the calculation of the total cost of a dwelling-house, and the deposit requirements for the sale of dwelling-houses. Notably, the Act also outlines the conditions under which advances can be made for the acquisition of land and erection of dwelling-houses, with specific limits on the amount of these advances. The Act further stipulates that any property must be maintained in good repair until full payment is made and outlines the actions to be taken if instalments are overdue. The scope of the Act extends to the creation and management of the War Service Homes Trust Account, which is used to manage the financial transactions related to the provision of war service homes. The Act does not specify any exclusions or exemptions, and any further details or specific applications of the Act are to be determined by subordinate instruments or ministerial directives.

Key Provisions

The War Service Homes Act 1951 amends the War Service Homes Act 1918–1949, introducing several key changes to the existing legislation. The amended Act is referred to as the War Service Homes Act 1918–1951. Section 1 provides for the citation of the Act and the Principal Act, while Section 2 ensures the Act comes into operation upon receiving the Royal Assent. Section 3 revises definitions within the Principal Act, particularly extending the definition of "Australian Soldier" to include those engaged in operations post-September 1939, including Korea and Malaya, provided they were allotted for duty in an operational area. It also expands the definition of "Holding" to include suburban holdings under specific State legislation. The Act imposes several obligations on the Director under the Principal Act. Section 4 mandates that any expenditure exceeding £5,000 requires the Minister's approval. Section 5 repeals Section 18 of the Principal Act, which previously set the total cost of a dwelling-house. Section 6 amends Section 18a to exclude certain references to the total cost of the dwelling-house. Section 7 revises the deposit requirements for the purchase of dwelling-houses, with different percentages based on the purchase price, and introduces new conditions for deposits when selling jointly. Section 8 allows the Director to make advances for erecting a dwelling-house, subject to the Minister's policy directions. Section 9 sets the maximum advance amounts, with a cap of £2,750 for specified purposes and £2,000 for other cases, but allows higher amounts for joint advances. The Act also outlines consequences for non-compliance. Section 10 mandates that property must be kept in repair until full payment is made, while Section 11 provides for actions when instalments are overdue. Section 12 amends the War Service Homes Trust Account provisions, removing specific references to the Act and payment to the Trust Account. Together, these sections ensure that the Act maintains oversight and control over the financial and operational aspects of the War Service Homes scheme.

Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Enforcement Powers; Compliance 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.

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