Commonwealth Consolidated Acts

DEFENCE HOME OWNERSHIP ASSISTANCE SCHEME ACT 2008 - SECT 16

Scope

  (1)   This section applies if a person applies for a subsidy certificate in accordance with section   14.

Decision to give, or to refuse to give, subsidy certificate

  (2)   The Secretary must give a subsidy certificate to the applicant if:

  (a)   section   17, 18, 19 or 20 applies; and

  (b)   either:

  (i)   the applicant has a service credit (see section   46); or

  (ii)   for a case in which section   18 (surviving partners) applies--the applicant has a service credit, or would, if the subsidy certificate were in force, have a service credit (because of the operation of section   63).

Note:   As soon as a subsidy certificate given under section   18 (surviving partners) comes into force, the surviving partner has the service credit the deceased partner would have had, if he or she had not died (see sections   63 and 64).

  (3)   The Secretary:

  (a)   must refuse to give a subsidy certificate to the applicant if subsection   (2) does not apply; and

  (b)   despite subsection   (2), may refuse to give a subsidy certificate to the applicant under that subsection if, in relation to a previous entitlement period:

  (i)   the applicant failed to comply with section   42 (which deals with the disclosure of changes of circumstances); or

  (ii)   the Secretary has revoked an authorisation of the payment of subsidy to the applicant under section   44.

Note:   Part   5 provides for the administrative review of a decision to refuse to give a subsidy certificate to an applicant.