Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant's interest or right is in the form of a joint tenancy, unless the Secretary is satisfied that:
(a) the application was made by a person and his or her spouse or de facto partner who, under subsection 4A(1), are treated together as an eligible person for the purposes of this Act; or
(b) the only other joint tenant is the applicant's spouse or de facto partner, who is also an eligible person.
(2) The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant's interest or right is in the form of a tenancy in common, unless the Secretary is satisfied that the interest or right, at the time when the application was lodged, would have had a value, if it were unencumbered, of not less than the sum of:
(a) all advances in relation to the applicant, in respect of which subsidy is payable; and
(b) the advance to which the certificate would relate.
(3) In this section:
"interest or right" , in relation to an applicant, means the applicant's interest or proposed interest concerned in respect of a holding, or the applicant's right or proposed right of residence concerned in respect of a retirement village (as the case requires).