Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this section, the Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance that a person may seek from a credit provider unless satisfied that:
(a) the person is an eligible person, or the spouse or de facto partner of an eligible person who is temporarily or permanently insane; and
(b) the person:
(i) is not the owner of a dwelling‑house; and
(ii) does not have a right of residence in a retirement village; and
(iii) does not own an interest in shares giving rise to a company title in respect of land on which a dwelling‑house is built;
other than the dwelling‑house, right of residence or company title in respect of which the advance is payable; and
(c) the person is not liable to repay any amount received by way of assistance under an agreement of the kind known as a War Service Land Settlement Agreement; and
(d) the person has not received money from the Commonwealth after 9 December 1987 by way of:
(i) a payment of a cash grant instead of an advance under this Act as in force on or before that day; or
(ii) a payment instead of such a cash grant; and
(e) if the person has a spouse or de facto partner (other than a spouse or de facto partner from whom he or she is permanently separated)--the spouse or de facto partner:
(i) is not the owner of a dwelling‑house; and
(ii) does not have a right of residence in a retirement village; and
(iii) does not own an interest in shares giving rise to a company title in respect of land on which a dwelling‑house is built;
other than the dwelling‑house, right of residence or company title in respect of which the advance is payable; and
(f) except in the case of an advance to a person included in paragraph (b) or (d) of the definition of Australian Soldier in section 4 in relation to a house or building used or to be used as a hospital, sanatorium or nursing‑home--the dwelling‑house or retirement village accommodation in respect of which the advance is payable is intended to be used by the person as a home for the person and any dependants of the person; and
(g) such advance will be secured by:
(i) in the case of an assigned advance--except as provided by the agreement, a first or subsequent mortgage over the assignee's interest in the retirement village and over any other person's interest in the retirement village; or
(ii) in any other case--except as provided by the agreement, a first mortgage over the person's interest in the holding and over any other person's interest in the holding.
(2) The Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance, other than an additional advance, that a person may seek from a credit provider unless satisfied that the advance is for the purpose of enabling the person:
(a) to build a dwelling‑house on a holding of the person; or
(b) to purchase a holding and build a dwelling‑house on the holding; or
(c) to purchase a dwelling‑house together with the holding on which it is built; or
(d) to complete a partially built dwelling‑house on a holding of the person; or
(e) to enlarge, modify or repair a dwelling‑house on a holding of the person; or
(f) to discharge any mortgage, charge or encumbrance already existing on the person's interest in a holding; or
(g) to obtain a right of residence in a retirement village; or
(h) to complete the person's partially‑built retirement village accommodation; or
(j) to enlarge, modify or repair the person's retirement village accommodation; or
(k) to discharge any debt owed by the person in relation to the person's retirement village accommodation; or
(l) in the case of an assigned advance--to be assisted in obtaining a right of residence in the retirement village.
(3) The Secretary shall not issue a certificate of entitlement in relation to subsidy on an additional advance that a person may seek from a credit provider unless satisfied that the advance is for the purpose of enabling the person:
(a) to enlarge, modify or repair:
(i) a dwelling‑house on a holding of the person; or
(ii) a person's retirement village accommodation; or
(b) to meet the cost of roadmaking if the person is liable to meet that cost but is otherwise unable to do so; or
(e) to discharge any mortgage, charge or encumbrance already existing on the person's interest in a holding; or
(f) to discharge any debt owed by the person in relation to the person's retirement village accommodation; or
(g) in the case of an assigned advance--to be assisted in continuing to hold a right of residence in the retirement village.
(6) In this section:
"advance" means a subsidised advance other than a widow or widower advance, an advance for essential repairs or a home support advance.