DEFENCE SERVICE HOMES ACT 1918 - SECT 45A Bankruptcy of purchaser or borrower

DEFENCE SERVICE HOMES ACT 1918 - SECT 45A

  (1)   Except with the approval of the Secretary, the estate or interest of a purchaser or borrower in any land, land and dwelling - house or right of residence in a retirement village, that is the subject of a contract of sale, or of a mortgage or other security securing a Corporation advance or a subsidised advance:

  (a)   shall not be taken from the purchaser or borrower under the Bankruptcy Act 1966 ; and

  (b)   shall not be sold in satisfaction of a judgment debt, otherwise than by a credit provider or another mortgagee in the exercise of powers under a contract of sale, or a mortgage or other security.

  (2)   Where 2 persons who are spouses or   de   facto   partners of each other are joint purchasers or borrowers in relation to land, land and a dwelling - house or a right of residence in a retirement village, the Secretary may give an approval under subsection   (1) in relation to the estate or interest of both of them if either of them becomes bankrupt or incurs a judgment debt.