War Service Homes Regulations (Amendment)

Overview

The War Service Homes Regulations 1921 were made under the War Service Homes Act 1918-1920 by the Governor-General in Council, with the intent to establish and amend regulations governing the administration of war service homes provided for ex-servicemen and their families. This legislative instrument aimed to address the need for a structured approach to managing fees, charges, and costs associated with the acquisition and transfer of war service homes. The regulations were designed to ensure that applicants were clearly informed of all financial obligations, and that these could be managed through various payment methods including direct payment, addition to the purchase price, or deduction from any advance received. This regulation underscores the policy objective of the War Service Homes Act, which was to provide a comprehensive support system for returning soldiers by facilitating their access to housing.

Scope and Application

The War Service Homes Regulations, made under the War Service Homes Act 1918-1920, apply to applicants seeking to benefit from the provisions of the Act, which primarily concerns the provision of homes for war service personnel. These regulations outline the fees, charges, and costs that applicants must pay, including a valuation fee, survey fee, fees related to transfers and mortgages, stamp duty, and costs payable to the Commonwealth Crown Solicitor or their representatives. These regulations extend to the entire Commonwealth of Australia, setting forth a uniform set of requirements across all states and territories. The regulations allow for flexibility in payment terms, permitting the Commissioner to require immediate payment or to add fees and charges to the purchase money or deduct them from any advance. This legislative instrument ensures that the administrative process for accessing war service homes is both transparent and standardised.

Key Provisions

The War Service Homes Regulations (C1921L00153) amend the existing regulations under the War Service Homes Act 1918-1920 by introducing new fees, charges, and costs that applicants must pay (Regulation 9a). These fees include a valuation fee, a survey fee, all fees related to transfers and mortgages, stamp duty, and costs payable to the Commonwealth Crown Solicitor or their representatives. The Commissioner has the discretion to require payment of these fees either as they become due, immediately after they have been paid, or to add them to the purchase money or advance, or to deduct them from the amount of any advance given. In the latter case, the borrower is considered to have received the advance in full. These regulations impose specific financial obligations on applicants for war service homes. They must pay the fees and charges outlined in Regulation 9a, either directly or through adjustments to the advance or purchase money. This requirement ensures that all applicants contribute to the costs associated with their application, thereby supporting the administrative and legal processes involved in processing these applications. Failure to comply with these financial obligations can lead to serious consequences. While the specific penalties for non-compliance are not detailed in the text, breaches of statutory requirements under the War Service Homes Act 1918-1920 could potentially result in civil or criminal penalties. Historically, such breaches may have been subject to fines or other legal actions, depending on the severity and intent behind the non-compliance. It is essential for applicants to adhere strictly to the payment requirements to avoid any adverse legal or financial repercussions.