Statutory Rules
1973 No. 173
REGULATIONS UNDER THE DEFENCE SERVICE HOMES ACT 1918-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Service Homes Act 1918-1973.
Dated this thirtieth day of August, 1973.
Paul Hasluck
Governor-General,
By His Excellency’s Command,
Sgd. LES JOHNSON
Minister of State for Housing.
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Amendments of the War Service Homes Regulations†
Commencement.
1. These Regulations shall come into operation on the date fixed under subsection 2 (2) of the Defence Service Homes Act 1973.
2. Regulation 1 of the War Service Homes Regulations is repealed and the following regulation substituted:—
Citation.
“1. These Regulations may be cited as the Defence Service Homes Regulations.”.
Interpretation.
3. Regulation 4 of the War Service Homes Regulations, is amended—
(a) by omitting the definition of “Deputy Director”;
(b) by inserting, after the definition of “ home”, the following definition:—
“‘Regional Director’ means a person holding the office, or performing the duties of an office, of Regional Director in the Department of Housing;”;
* Notified in the Australian Government Gazette on 1973.
† Statutory Rules 1936, No. 74, as amended by Statutory Rules 1945, No. 202; 1946, No. 66: 1947, No. 93; 1949, Nos. 13 and 29; 1951, No. 16; 1956, No. 17; 1957, Nos. 18 and 54; 1962, No. 42; 1964, No. 55; 1969, No. 164; and 1972, No. 172.
16591/73—Price 8c 10/22.8.1973
(c) by adding at the end thereof the words “and, in the application of these Regulations on and after the date fixed under sub-section (2) of the Defence Service Homes Act 1973, means the Defence Service Homes Act 1918-1973 ”; and
(d) by adding at the end thereof the following sub-regulation:—
“(4) A reference in these Regulations to the Director shall, where the context so permits, be read as including a reference to the Director of War Service Homes within the meaning of the War Service Homes Act 1918-1947 or under that Act as amended at any time before the date fixed for the purposes of sub-section 2 (2) of the Defence Service Homes Act 1973, and any reference in these Regulations to a delegate or authorized person shall be read as including a corresponding reference.”.
Applications for homes.
4. Regulation 5 of the War Service Homes Regulations is amended by omitting the words “Deputy Director” and substituting the words “Regional Director”.
Certificate of Regional Director as to eligibility, &c., of applicant.
5. Regulation 7 of the War Service Homes Regulations is amended by omitting the words “Deputy Director” (wherever occurring) and substituting the words “Regional Director”.
Appeals.
6. Regulation 8 of the War Service Homes Regulations is amended by omitting the words “Deputy Director” (wherever occurring) and substituting the words “Regional Director”
References to Commonwealth and Minister.
7. Regulation 27a of the War Service Homes Regulations is amended by inserting in paragraph (b), after the words “War Service Homes Act 1918-1955”, the words “of the Defence Service Homes Act 1918-1973, as the context requires,”
Interpretation.
8. Regulation 27c of the War Service Homes Regulations is amended by omitting paragraph (b) and substituting the following paragraph:—
“(b) by inserting after sub-section (1) the following sub-section:—
(1a) A reference in this Act to the Director—
(a) in relation to the application, of this Act before the date fixed for the purposes of sub-section 2 (2) of the Defence Service Homes Act 1973, shall be read as a reference to the Director within the meaning of the War Service Homes Act 1918-1955, or of that Act as amended and in force at any time before that date and shall be read as including, in relation to the exercise of powers and functions that were delegated by the Director within the meaning of that Act to a person under section 14 of that Act or under that Act as amended at any time before that date, a reference to that person; and
(b) in relation to the application of this Act after that date, shall be read as a reference to the Director within the meaning of the Defence Service Homes Act 1918-1973 and shall be read as including, in relation to the exercise of powers and functions that have been delegated by the Director to a person under section 14 of the Defence Service Homes Act 1918-1973, as a reference to that person.”’.
Modes of acquisition.
9. Regulation 27d is amended by omitting the words ‘“for the purposes of the War Service Homes Act 1918-1955”’ and substituting the words ‘“for the purposes of the Defence Service Homes Act 1918-1973”’.
Compulsory acquisition.
10. Regulation 27g of the War Service Homes Regulations is amended by omitting paragraph (a) and substituting the following paragraph:—
“(a) by omitting sub-sections (1), (2) and (3) and inserting in their stead the following sub-section:—
‘(1) Without prejudice to the liability of the Director under any contract for the acquisition of land by agreement, where—
(a) a period of twenty-eight days has expired after the service of a notice to treat or of notices to treat, in relation to land; or
(b) the Minister has given a certificate under sub-section (8) of section 9 of this Act in relation to land,
the Director may, by notice published in the Gazette, declare that the land is acquired by the Director of Defence Service Homes for the purposes of the Defence Service Homes Act 1918-1973.’; and ”.
All insurances to be effected wish Director.
11. Regulation 46 of the War Service Homes Regulations is amended by omitting the words “War Service Homes Insurance Trust Account” and substituting the words “Defence Service Homes Insurance Trust Account”.
Explosives, &c., not to be brought or kept upon a dwelling house.
12. Regulation 54 of the War Service Homes Regulations is amended by omitting from paragraph (b) of sub-regulation (1) the words “sixteen gallons” and substituting the words “seventy-two litres”.
Power of Director where properly damaged or destroyed.
13. Regulation 60 of the War Service Homes Regulations is amended by omitting from paragraph (b) the words “War Service Homes Insurance Trust Account” and substituting the words “Defence Service Homes Insurance Trust Account”.
Contribution by purchaser or borrower towards making good damage or loss.
14. Regulation 61 of the War Service Homes Regulations is amended by omitting the words “War Service Homes Insurance Trust Account” (wherever occurring) and substituting the words “Defence Service Homes Insurance Trust Account”.
Insurance for benefit of Director.
15. Regulation 69 of the War Service Homes Regulations is amended by omitting the words “War Service Homes Insurance Trust Account” and substituting the words “Defence Service Homes Insurance Trust Account”.
Evidence in proceedings under section 30a.
16. Regulation 78 of the War Service Homes Regulations is amended by omitting the words “Deputy Director” and substituting the words “Regional Director ”.
The Schedule-Form A.
17. Form A in the Schedule to the War Service Homes Regulations is amended—
(a) by omitting the words “War Service Homes Act 1918-1962” (wherever occurring) and substituting the words “Defence Service Homes Act 1918-19”;
(b) by omitting the words “Director of War Service Homes” and substituting the words “Director of Defence Service Homes”; and
(c) by omitting the words “War Service Homes Regulations” and substituting the words “Defence Service Homes Regulations”.
The Schedule—Form 11.
18. Form B in the Schedule to the War Service Homes Regulations is amended—
(a) by omitting the words “War Service Homes Act 1918-1956” (wherever occurring) and substituting the words “Defence Service Homes Act 1918-19”; and
(b) by omitting the words “Director of War Service Homes” (wherever occurring) and substituting the words “Director of Defence Service Homes”.
The Schedule—Form C.
19. Form C in the Schedule to the War Service Homes Regulations is amended—
(a) by omitting the words “War Service Homes Act 1918-1956” and substituting the words “Defence Service Homes Act 1918-19”; and
(b) by omitting the words “Director of War Service Homes” (wherever occurring) and substituting the words “Director of Defence Service Homes”.
The Schedule—Form D.
20. Form D of the Schedule to the War Service Homes Regulations is amended—
(a) by omitting the words “War Service Homes Act 1918-19” (wherever occurring) and substituting the words “Defence Service Homes Act 1918-19”; and
(b) by omitting the words “Director of War Service Homes” (wherever occurring) and substituting the words “Director of Defence Service Homes”.
The Schedule—Form E.
21. Form E of the Schedule to the War Service Homes Regulations is amended—
(a) by omitting the words “War Service Homes Act 1918-19” (wherever occurring) and substituting the words “Defence Service Homes Act 1918-19”; and
(b) by omitting the words “Director of War Service Homes” (wherever occurring) and substituting the words “Director of Defence Service Homes”.
Action taken before commencement of regulations.
22. Any act or thing done by the Director of War Service Homes or a Deputy Director of War Service Homes at a specified place before the commencement of these Regulations by virtue of the provisions of Part V of the War Service Homes Regulations as in force before that commencement shall be deemed, on and after that commencement, to be as valid and effectual for all purposes as if the amendments made by these Regulations had been in force before the act or thing was done and as if the act or thing had been done by the Director of Defence Service Homes or the Regional Director in the Department of Housing at that place, as the case requires.
Effect of amendments in relation to notices, &c.
23. (1) Where, before the commencement of these Regulations, a notice or other instrument had been given in pursuance of these Regulations by, or to, the Director of War Service Homes, or the Deputy Director of War Service Homes, at a specified place, the notice shall, on and after that commencement, be deemed to be as valid and effectual for all purposes as if the amendments made by these Regulations had been made before the giving of the notice or other document and as if the notice or other document had been given by, or to, the Director of Defence Service Homes, or by, or to, the Regional Director in the Department of Housing at that place, as the case requires.
(2) In sub-regulation (1), “given” includes served or delivered.
Printed by Authority by the Government Printer of Australia