Commonwealth Consolidated Acts

DEFENCE HOME OWNERSHIP ASSISTANCE SCHEME ACT 2008

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of deceased partner and surviving partner  
   5.      When a person is a member of the Reserves  
   6.      External Territories  

   PART 2--ELIGIBILITY

   7.      Eligibility--who is eligible ?  
   8.      Eligibility--serving members  
   9.      Eligibility--incapacitated members  
   10.     Eligibility--rejoining incapacitated members  
   11.     Eligibility--rejoining members  
   12.     Eligibility--separated members  
   13.     Eligibility--old scheme members  

   PART 3--SUBSIDY--CERTIFICATES

           Division 1--Application for subsidy certificate

   14.     Application for subsidy certificate  
   15.     Further information about application  

           Division 2--Decision to give subsidy certificate

   16.     Decision to give subsidy certificate--general  
   17.     Decision to give subsidy certificate--eligible applicants  
   18.     Decision to give subsidy certificate--surviving partners  
   19.     Decision to give subsidy certificate--loan discharged due to destruction or compulsory sale of house  
   20.     Decision to give subsidy certificate--loan discharged due to compensable condition  
   21.     Form of subsidy certificate  

           Division 3--Effect of subsidy certificate

   22.     Period subsidy certificate in force  
   23.     Subsidy certificate not a legislative instrument  

           Division 4--Variation and cancellation of subsidy certificates

   24.     Variation of subsidy certificate  
   25.     Cancellation of subsidy certificate  

   PART 4--SUBSIDY

           Division 1--Entitlement to subsidy

              Subdivision A--General

   26.     Entitlement--form of subsidy  
   27.     Entitlement--authorisation by Secretary  
   28.     Entitlement--criteria  

              Subdivision B--When subsidy becomes payable

   29.     When subsidy becomes payable--eligibility and service credits  
   30.     When subsidy becomes payable--use of subsidised loan  
   31.     When subsidy becomes payable--ownership and location of land  
   32.     When subsidy becomes payable--occupation of house as a home (non - building loan)  
   33.     When subsidy becomes payable--use of land  
   34.     When subsidy becomes payable--subsidy lump sum  

              Subdivision C--When subsidy stops being payable

   35.     When subsidy stops being payable--scope  
   36.     When subsidy stops being payable--general  
   37.     When subsidy stops being payable--completion of building work  
   38.     When subsidy stops being payable--ownership of land  
   39.     When subsidy stops being payable--occupation of house as a home (non - building loan)  
   40.     When subsidy stops being payable--occupation of house as a home (building loan)  
   41.     When subsidy stops being payable--use of land  
   42.     When subsidy stops being payable--disclosure of changes of circumstances  
   43.     When subsidy stops being payable--on request by the subsidised borrower  

              Subdivision D--Revocation and variation

   44.     Revocation of authorisation for the payment of subsidy  
   45.     Variation of authorisation of payment of subsidy--when a person is not a member of the Reserves  

           Division 2--Service credits

   46.     Working out service credits  
   47.     Service credits--working out accrued subsidy periods  
   48.     Service credits--additional allowance for warlike service  

           Division 3--Amount of subsidy

              Subdivision A--Monthly subsidy

   49.     Working out monthly subsidy  
   50.     Monthly subsidy--average monthly interest  
   51.     Monthly subsidy--loan capital  
   51A.    Monthly subsidy--shared liability between partners for subsidised loans  
   51B.    Monthly subsidy--shared liability between partners for subsidised loans if partner dies etc.  
   51C.    Monthly subsidy--joint and several liability for subsidised loans between non - partners  
   52.     Monthly subsidy--average house price  
   53.     Monthly subsidy--median interest rate  

              Subdivision B--Subsidy lump sum

   54.     Subsidy lump sum payments  

           Division 4--How subsidy is paid

   55.     How subsidy is paid--scope  
   56.     How subsidy is paid--to loan provider for the benefit of subsidised borrower  
   57.     How subsidy is paid--monthly subsidy  
   58.     How subsidy is paid--subsidy lump sum  

           Division 5--Subsidy for surviving partners

              Subdivision A--Surviving partners of subsidised borrowers

   59.     Surviving partners of subsidised borrowers--scope  
   60.     Surviving partners of subsidised borrowers--joint interests in land  
   61.     Surviving partners of subsidised borrowers--interest in land inherited by surviving partner etc.  
   62.     Surviving partners of subsidised borrowers--interest in land not inherited by surviving partner etc.  

              Subdivision B--Surviving partners holding subsidy certificates

   63.     Subsidy for surviving partners--if they hold subsidy certificates  

              Subdivision C--Application of this Part

   64.     Subsidy for surviving partners--how this Part applies  
   65.     Subsidy for surviving partners--if surviving partner eligible in his or her own right etc.  

           Division 6--Recovery of overpayments

   66.     Recovery of overpayments--scope  
   67.     Recovery of overpayments--amount payable  
   68.     Recovery of overpayments--from subsidised loan account  
   69.     Recovery of overpayments--from sale of interest in land  
   70.     Recovery of overpayments--in a court  

   PART 5--REVIEW--OF DECISIONS

           Division 1--Internal review

   71.     Internal review-- reviewable decisions  
   72.     Internal review--persons whose interests are affected  
   73.     Internal review--notice of reviewable decision and review rights  
   74.     Internal review--applications for review of reviewable decisions  
   75.     Internal review--review of reviewable decisions  

           Division 2--External review

   76.     External review--review by Administrative Review Tribunal of internal review decisions  

   PART 6--ADMINISTRATION

   77.     Approved forms  
   78.     Declared loan providers  
   79.     Use and disclosure of personal information  
   80.     Delegation of Minister's power to make certain determinations  
   81.     Delegation of Secretary's powers and functions  
   82.     Alteration of rights  
   84.     Appropriation  
   84A.    Payments of amounts purportedly by way of subsidy  
   84B.    Reports about payments of amounts purportedly by way of subsidy  
   85.     Regulations