Commonwealth Consolidated Acts

DEFENCE SERVICE HOMES ACT 1918

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   4.      Interpretation  
   4AAA.   Regular Serviceman  
   4AAB.   National Serviceman  
   4AA.    Extension of Act to Norfolk Island  
   4AB.    Joint ownership  
   4A.     Eligible person and spouse or de facto partner may be treated together as eligible person  
   4BA.    Election to surrender eligible status  
   4BB.    Revocation of election to surrender eligible status  
   4B.     Approval of Bank agreement  
   4C.     Compensation for acquisition of property  
   4D.     Exclusion of Consumer Credit Codes in relation to subsidised advances  
   4E.     Application of the Criminal Code  

   PART II--ADMINISTRATION

   6.      Delegation by Minister  
   6A.     Delegation by Secretary  
   6B.     Transfer of portfolio assets to the Bank  
   6C.     Dealings relating to vested portfolio assets  
   6D.     Transfer of certain other assets to Commonwealth  

   PART III--NOTICES--OF ELIGIBILITY, CERTIFICATES OF ENTITLEMENT AND CERTIFICATES OF ASSIGNMENT

   15.     Applications for notices and certificates  
   16.     Notice of eligibility  
   17.     Certificate of entitlement: advances  
   17A.    Criteria for issue of certificate of entitlement: joint ownership  
   18.     Criteria for issue of certificate of entitlement: advances other than widow or widower advances, advances for essential repairs and home support advances  
   19.     Criteria for issue of certificate of entitlement: further advance  
   20.     Criteria for issue of certificate of entitlement: widow or widower advances  
   21.     Criteria for issue of certificate of entitlement: advances made for essential repairs  
   21A.    Criteria for issue of certificate of entitlement: home support advances  
   22.     Certificate of entitlement: transfer of property subject to specified portfolio asset or advance  
   23.     Certificate of entitlement: instalment relief  
   23A.    Certificates of assignment  

   PART IIIA--UNJUST--TRANSACTIONS

   23AA.   Power to reopen unjust transactions  
   23B.    Matters to be considered by court  
   23C.    Unforeseen circumstances  
   23D.    Conduct  
   23E.    Orders on reopening of transactions  
   23F.    A court may review unconscionable fees and charges  
   23G.    Time limit  
   23H.    Exceptions  
   23J.    Legal and financial assistance  
   23K.    Jurisdiction of courts  
   23L.    Definition  

   PART IV--SUBSIDY--ON ADVANCES ETC.

   24.     Subsidy payable by Commonwealth  
   24A.    Condition of payment of subsidy--subsidy under one scheme only  
   25.     Maximum amounts for which subsidy is payable  
   26.     Cancellation of subsidy  
   27.     Cancellation of subsidy where subclause 11.16 of the Bank agreement applies  
   27A.    Cancellation of subsidy if the eligible person dies  
   28.     Deferral of subsidy by Minister  
   29.     Recovery of subsidy  
   30.     Waiver etc.  

   PART V--RATES--OF INTEREST, MAXIMUM TERMS, AND CONVERSIONS

   31.     Rate of interest on initial advances  
   32.     Rate of interest on widow or widower advances  
   33.     Rate of interest on additional advances  
   34.     Rate of interest on further advances  
   35.     Rate of interest on advances for essential repairs  
   35AAA.  Rate of interest on home support advance  
   35AA.   Interest rates reduced according to reduced Benchmark rate  
   35AB.   Reduction of certain single - tiered rates of interest  
   35AC.   Replacement of multi - tiered rates of interest with single rate  
   35AD.   Rates not altered for certain portfolio contracts of sale  
   35A.    Modifications of Bank agreement and other instruments  
   36.     Maximum terms of advances  
   37.     Conversion of contract of sale into mortgage  

   PART VI--DEFENCE--SERVICE HOMES INSURANCE SCHEME

   38.     Defence Service Homes Insurance Scheme  
   38A.    Powers of Commonwealth to be exercised by the Secretary  
   38B.    Transfer of assets and liabilities  
   38C.    Insurance of dwelling - houses and rights of residence in retirement villages  
   38CB.   Powers of Commonwealth under this Part  
   38E.    Termination of insurance  
   38F.    Reinsurance  
   38G.    Payments for fire brigade services  
   38GA.   Payments for State Emergency Services  
   38H.    Limitation of liability of Commonwealth  

   PART VII--FINANCE

   40.     Defence Service Homes Insurance Account  
   40A.    Interest on amounts invested  
   41.     Appropriation  

   PART VIII--MISCELLANEOUS

   43.     Internal review of reviewable decisions  
   44.     Review of decisions by Administrative Review Tribunal  
   45.     Certain provisions of Bank agreement not to be revoked or amended  
   45A.    Bankruptcy of purchaser or borrower  
   45B.    Exchange of information  
   45C.    Use and disclosure of personal information  
   46.     Reports from inspectors and valuers  
   47.     Dwelling - houses for incapacitated soldiers  
   50A.    Improper use of certain words  
   50B.    Annual Report  
   51.     Regulations  
           SCHEDULE 1 Agreement between the Commonwealth of Australia and Westpac Banking Corporation
           SCHEDULE 1A Agreement between the Commonwealth of Australia and Westpac Banking Corporation
           SCHEDULE 2 Provisions of Defence Service Homes Act and regulations applying as terms and conditions of vested portfolio assets