Commonwealth Consolidated Acts

DEFENCE FORCE (HOME LOANS ASSISTANCE) ACT 1990 - SECT 3

    In this Act, unless the contrary intention appears:

"advanced amount" means the amount advanced to a person by the Bank under a subsidised loan.

"agreement" means the agreement made between the Commonwealth and the Bank on 5   November 1990 (a copy of which is set out in Schedule   1), as that agreement is in force from time to time.

"approved form" means a form approved by the Secretary for the purpose of the provision in which the expression is used.

"Bank" means National Australia Bank Limited, or any person or body to whom it assigns all or any of its rights or obligations under the agreement.

"basic service period" means:

  (a)   in relation to a person covered by subparagraph   (a)(i) of the definition of eligible person --either:

  (i)   5 years of effective full - time service; or

  (ii)   5 years of composite service; and

  (b)   in relation to a person covered by subparagraphs   (b)(i), (ii) and (iii) of that definition--either:

  (i)   5 years of effective full - time service less the number of years of effective full - time service completed before the person's discharge; or

  (ii)   5 years of composite service less the number of years of composite service completed before the person's discharge; and

  (c)   in relation to a person covered by subparagraph   (d)(i) of that definition--the number of years of effective full - time service or composite service set out in Column 2 of the following table opposite the number of years specified in Column 1 that applies to the person:

"benchmark rate" has the same meaning as in the agreement.

"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if:

  (a)   he or she is:

  (i)   a legally adopted child or a stepchild of the person; or

  (ii)   a child of the person within the meaning of the Family Law Act 1975 ; and

  (b)   he or she is:

  (i)   under 16; or

  (ii)   a student.

"commencing day" means the day on which Part   2 commences.

"compensable disability" means any physical or mental incapacity or disability suffered by a member (whether before, on or after the commencing day) in respect of which compensation was or is payable under:

  (a)   the Safety, Rehabilitation and Compensation Act 1988 ; or

  (aa)   the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988 ; or

  (b)   the Veterans' Entitlements Act 1986 ; or

  (ba)   the Military Rehabilitation and Compensation Act 2004 ; or

  (c)   a law of the Commonwealth prescribed by the regulations.

"composite service" , in relation to a person who has completed a period of effective full - time service and a period of statutory training obligation without a break between the periods, means a period of service that is worked out as follows:

"where:"

"statutory training obligation years" means the years of statutory training obligation completed by a person.

"statutory training factor" is 0.625.

"effective full-time service years" means the years of effective full - time service completed by a person.

Example 1:   If a person completes 7 years of statutory training obligation and 1 year of effective full - time service--the person's years of composite service are:

Example 2:   If a person completes 4 years of statutory training obligation and 1 year of effective full - time service--the person's years of composite service are:

Example 3:   If a person completes 10 years of statutory training obligation and 2 years of effective full - time service--the person's years of composite service are:

"continuous full-time service" means an unbroken period of full - time service by a member in the Defence Force.

Note:   See section   7 for some special circumstances in which a period of full - time service is taken to have been broken.

"de facto partner" has the meaning given by the Acts Interpretation Act 1901 .

"DSH Act" means the Defence Service Homes Act 1918 .

"effective full-time service" means a period of continuous full - time service by a member, other than:

  (a)   a period longer than 21 consecutive days during which the member is:

  (i)   on leave of absence without pay; or

  (ii)   absent without leave; or

  (iii)   awaiting or undergoing trial for an offence of which the member is later convicted; or

  (iv)   undergoing detention or imprisonment; or

  (b)   in the case of a member who:

  (i)   is an officer of the Defence Force; and

  (ii)   on his or her appointment was enrolled as a student in a degree or diploma course at a university or other tertiary educational institution; and

  (iii)   was required by an appropriate authority in the Defence Force to continue those studies after appointment;

    the period, determined by an appropriate authority in the Defence Force, during which the member cannot be treated as rendering effective full - time service because of the need to engage in those studies or in activities connected with them.

"eligible person" means:

  (a)   a person who:

  (i)   is a non - DSH member (other than an operational service member, a warlike service member, a rejoining member or a person covered by paragraph   (b) or (d)); and

  (ii)   completes (whether before, on or after the commencing day) the basic service period applicable to the person; or

  (b)   a person who:

  (i)   on or after the commencing day, is discharged from the Defence Force because of a compensable disability; and

  (ii)   immediately before the discharge, was a non - DSH member engaged or appointed for a period of less than   5 years; and

  (iii)   again becomes a member within 2 years after the day on which the discharge took effect; and

  (iv)   then completes the basic service period applicable to the person; or

  (c)   an incapacitated person; or

  (d)   a person who:

  (i)   having been an incapacitated person, again becomes a member within 2 years after the day on which his or her discharge as an incapacitated person took effect; and

  (ii)   then completes the basic service period applicable to the person; or

  (e)   a rejoining member; or

  (f)   an operational service member; or

  (fa)   a warlike service member; or

  (g)   a person (other than an incapacitated person) who:

  (i)   before, on or after the commencing day resigns, retires or is discharged from the Defence Force; and

  (ii)   immediately before the resignation, retirement or discharge was an operational service member, a warlike service member or a non - DSH member covered by paragraph   (a), (b), (d), (e) or (f); and

  (iii)   has not again become a member; or

  (h)   a person:

  (i)   who is a member of the Reserves; and

  (ii)   who completes the training period applicable to the person; and

  (iii)   to whom the DSH Act does not apply.

"entitled person" means a person who is the holder of an entitlement certificate that is in force.

"entitlement certificate" means a certificate issued under Part   2.

"finishing day" :

  (a)   for the purpose of subsection   12(6), in relation to the issue of an entitlement certificate to a person--means:

  (i)   if (at the time the decision is made in relation to the issue of an entitlement certificate) the person is an eligible person who is a member of the Defence Force (other than an operational service member)--30   June 2008; or

  (ii)   in any other case--30   June 2010; and

  (b)   for the purpose of subsection   15(3)--means 30   June 2010.

"government authority" means an authority (including a local governing body) established for a public purpose by or under a law of the Commonwealth, or of a State or Territory.

"holder" , in relation to an entitlement certificate, means the person to whom the certificate was issued.

"house" means a dwelling - house and includes a single unit held under a strata title system, but does not include:

  (a)   a house that is unfit for anyone to live in or that is the subject of a condemnation order; or

  (b)   a house that is to be, or has been, compulsorily acquired by the Commonwealth or a State or Territory, or by a government authority; or

  (c)   a building that is a block of flats, or a flat that is not held under a strata title system; or

  (d)   a caravan or any kind of mobile house.

"incapacitated person" means:

  (a)   a person who, on or after the commencing day, is discharged from the Defence Force because of a compensable disability; or

  (b)   a person:

  (i)   whose first service in the Defence Force began after 14   May 1985; and

  (ii)   who is not covered by paragraph   (ga) of the definition of Australian Soldier in subsection   4(1) of the DSH Act; and

  (iii)   who, before the commencing day, was discharged from the Defence Force because of a compensable disability;

and who, immediately before the discharge:

  (c)   had been a non - DSH member engaged or appointed for a period that would have allowed the person to complete at least 5 years of effective full - time service or composite service; and

  (d)   had completed less than 16 years of effective full - time service or composite service.

"intestacy law" means a law of, or in force in, a State or Territory that provides for the devolution of the estate of a person who dies intestate.

"member" means a member of the Defence Force.

"Middle-East operational area" means the area comprising the following countries and sea areas:

  (a)   Kuwait, Iraq, Bahrain, Oman, Qatar, Saudi Arabia, the United Arab Emirates and the Island of Cyprus;

  (b)   the sea areas contained within the Gulf of Suez, the Gulf of Aqaba, the Red Sea, the Gulf of Aden, the Persian Gulf and the Gulf of Oman;

  (c)   the sea area contained within the Arabian Sea north of the boundary formed by joining each of the following points to the next:

  (d)   the sea areas contained within the Suez Canal and the Mediterranean Sea east of 30 ï‚° E.

"non-DSH member" means:

  (a)   a member whose first service in the Defence Force began after 14   May 1985 and who is not covered by paragraph   (ga) of the definition of Australian Soldier in subsection   4(1) of the DSH Act; or

  (b)   a member:

  (i)   whose first service in the Defence Force began on or before 14   May 1985; or

  (ii)   whose first service in the Defence Force began after 14   May 1985 and who is covered by paragraph   (ga) of the definition of Australian Soldier in subsection   4(1) of the DSH Act;

    and who has made an election under section   4BA of the DSH Act that has not been revoked.

"operational service member" means a person who is an operational service member under subsection   3A(1) or (3).

"parent" : without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection.

"rejoining member" means a person who:

  (a)   before, on or after the commencing day resigns, retires or is discharged from the Defence Force; and

  (b)   immediately before the resignation, retirement or discharge was an eligible person; and

  (c)   again becomes a member within 2 years after the day on which the resignation, retirement or discharge took effect.

"Reserves" has the same meaning as in the Defence Act 1903 .

"reviewable decision" means a decision:

  (a)   refusing to issue an entitlement certificate; or

  (b)   cancelling an entitlement certificate; or

  (ba)   refusing to make a determination under subsection   4(1A); or

  (c)   refusing to grant approval under section   15 or 18; or

  (d)   that subsidy is not payable under subsection   20(2); or

  (e)   giving a notice under section   27; or

  (f)   refusing an application under section   31 or 32; or

  (g)   revoking an approval; or

  (h)   refusing to extend the period for making an application under section   33.

"Secretary" means the Secretary of the Department.

"statutory training obligation" means a period of training in a 12 month period that has been rendered by a person because the person is bound to render that training under the Defence Act 1903 , the Naval Defence Act 1910 or the Air Force Act 1923 or in accordance with regulations made under the Defence Act 1903 , the Naval Defence Act 1910 or the Air Force Act 1923 .

"student" means a person who is:

  (a)   at least 16 but under 25; and

  (b)   receiving full - time education at a school or college, or at a university or other tertiary education establishment.

"subsidised borrower" means a person who:

  (a)   is liable, either alone or jointly with another person, to pay the outstanding amount of a subsidised loan; and

  (b)   is an entitled person, or was an entitled person before the first payment of subsidy was made on the loan.

"subsidised loan" has the same meaning as in the agreement.

"subsidy" means a subsidy payable under Part   3 by the Commonwealth to the Bank on a loan by the Bank, being a monthly amount calculated under this Act and payable, for the benefit of the borrower, in the manner provided in the agreement.

"subsidy period" , in relation to a person, means the period to which the person is entitled under section   23.

"surviving spouse or de facto partner" , in relation to a deceased person, means a person who was the spouse or   de   facto   partner of the deceased person immediately before the deceased person's death.

Note:   See also section   8.

"training period" , in relation to a person covered by paragraph   (h) of the definition of eligible person , means:

  (a)   5 years of effective full - time service; or

  (b)   a continuous period of 8 years of statutory training obligation; or

  (c)   5 years of composite service.

"warlike service" means duty declared under subsection   3C(1) to be warlike service.

"warlike service member" has the meaning given by section   3B.