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DEFENCE SERVICE HOMES ACT 1918

Table of Provisions

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

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