Commonwealth Numbered Acts

DEFENCE FORCE (HOME LOANS ASSISTANCE) ACT 1990 No. 14 of 1991 - SECT 3

3. In this Act, unless the contrary intention appears:

"advanced amount" means the amount advanced to a person by the Bank under a
subsidised loan;

"agreement" means the agreement made between the Commonwealth and the Bank on
5 November 1990 (a copy of which is set out in Schedule 1), as that agreement
is in force from time to time;

"approved form" means a form approved by the Secretary for the purpose of the
provision in which the expression is used;

"Bank" means National Australia Bank Limited, or any person or body to whom it
assigns all or any of its rights or obligations under the agreement;

"basic service period" means:

   (a)  in relation to a person covered by subparagraph (a) (i) of the
definition of "eligible person" - 6 years of effective full-time service; and

   (b)  in relation to a person covered by subparagraphs (b) (i), (ii) and
        (iii) of that definition - 6 years of effective full-time service less
        the number of years of effective full-time service completed before
        the person's discharge; and

   (c)  in relation to a person covered by subparagraph (d) (i) of that
        definition - the number of years of effective full-time service set
        out in Column 2 of the following table opposite the number of years
        specified in Column 1 that applies to the person:
Column 1                           Column 2

Number of years of effective       Number of years of effective

full-time service completed        full-time service to be completed

before the person's discharge      by the person after again

becoming a member
           10 or fewer                        6

              11                              5

              12                              4

              13                              3

              14                              2

              15                              1


"benchmark rate" has the same meaning as in the agreement;

"child", in relation to a person, means a child, stepchild or legally adopted
child of the person who is:

   (a)  under 16; or

   (b)  a student;

"commencing day" means the day on which Part 2 commences;

"compensable disability" means any physical or mental incapacity or disability
suffered by a member (whether before, on or after the commencing day) in
respect of which compensation is payable under:

   (a)  the Commonwealth Employees' Rehabilitation and Compensation Act 1988;
        or

   (b)  the Veterans' Entitlements Act 1986; or

   (c)  a law of the Commonwealth prescribed by the regulations;

"continuous full-time service" means an unbroken period of full-time service
by a member in the Defence Force; Note: See section 7 for some special
circumstances in which a period of full-time service is taken to have been
broken.

"DSH Act" means the Defence Service Homes Act 1918;

"effective full-time service" means a period of continuous full-time service
by a member, other than:

   (a)  a period longer than 21 consecutive days during which the member is:

   (i)  on leave of absence without pay; or

   (ii) absent without leave; or

   (iii) awaiting or undergoing trial for an offence of which the member is
        later convicted; or

   (iv) undergoing detention or imprisonment; or

   (b)  in the case of a member who:

   (i)  is an officer of the Defence Force; and

   (ii) on his or her appointment was enrolled as a student in a degree or
        diploma course at a university or other tertiary educational
        institution; and

   (iii) was required by an appropriate authority in the Defence Force to
        continue those studies after appointment; the period, determined by an
        appropriate authority in the Defence Force, during which the member
        cannot be treated as rendering effective full-time service because of
        the need to engage in those studies or in activities connected with
        them;

"eligible person" means:

   (a)  a person who:

   (i)  is a non-DSH member (other than an operational service member, a
        rejoining member or a person covered by paragraph (b) or (d)); and

   (ii) completes (whether before, on or after the commencing day) the basic
        service period applicable to the person; or

   (b)  a person who:

   (i)  on or after the commencing day, is discharged from the Defence Force
        because of a compensable disability; and

   (ii) immediately before the discharge, was a non-DSH member engaged or
        appointed for a period of less than 6 years; and

   (iii) again becomes a member within 2 years after the day on which the
        discharge took effect; and

   (iv) then completes the basic service period applicable to the person; or

   (c)  an incapacitated person; or

   (d)  a person who:

   (i)  having been an incapacitated person, again becomes a member within 2
        years after the day on which his or her discharge as an
        incapacitated person took effect; and

   (ii) then completes the basic service period applicable to the person; or

   (e)  a rejoining member; or

   (f)  an operational service member; or

   (g)  a person (other than an incapacitated person) who:

   (i)  before, on or after the commencing day resigns, retires or is
        discharged from the Defence Force; and

   (ii) immediately before the resignation, retirement or discharge was an
        operational service member, or a non-DSH member covered by paragraph
        (a), (b), (d), (e) or (f); and

   (iii) has not again become a member;

"entitled person" means a person who is the holder of an entitlement
certificate that is in force;

"entitlement certificate" means a certificate issued under Part 2;

"Family Court" means the Family Court of Australia;

"finishing day" means 31 December 2006;

"government authority" means an authority (including a local governing body)
established for a public purpose by or under a law of the Commonwealth, or of
a State or Territory;

"holder", in relation to an entitlement certificate, means the person to whom
the certificate was issued;

"house" means a dwelling-house and includes a single unit held under a strata
title system, but does not include:

   (a)  a house that is unfit for anyone to live in or that is the subject of
        a condemnation order; or

   (b)  a house that is to be, or has been, compulsorily acquired by the
        Commonwealth or a State or Territory, or by a government authority; or

   (c)  a building that is a block of flats, or a flat that is not held under
        a strata title system; or

   (d)  a caravan or any kind of mobile house;

"incapacitated person" means a person who, on or after the commencing day, is
discharged from the Defence Force because of a compensable disability and who,
immediately before the discharge:

   (a)  had been a non-DSH member engaged or appointed for a period that would
        have allowed the person to complete at least 6 years of
        effective full-time service; and

   (b)  had completed less than 16 years of effective full-time service;

"intestacy law" means a law of, or in force in, a State or Territory that
provides for the devolution of the estate of a person who dies intestate;

"member" means a member of the Defence Force;

"Middle-East operational area" means the area comprising the following
countries and sea areas:

   (a)  Bahrain, Oman, Qatar, Saudi Arabia, the United Arab Emirates and the
        Island of Cyprus;

   (b)  the sea areas contained within the Gulf of Suez, the Gulf of Aqaba,
        the Red Sea, the Gulf of Aden, the Persian Gulf and the Gulf of Oman;

   (c)  the sea area contained within the Arabian Sea north of the boundary
        formed by joining each of the following points to the next:
  (i)   20 degrees 30'N 70 degrees 40'E;


   (ii) 14 degrees 30'N 67 degrees 35'E;

   (iii) 8 degrees 30'N 60 degrees 00'E;
  (iv)   6 degrees 20'N 53 degrees 52'E;

  (v)    5 degrees 48'N 49 degrees 02'E;


   (d)  the sea areas contained within the Suez Canal and the Mediterranean
        Sea east of 30 degrees E;

"non-DSH member" means:

   (a)  a member whose first service in the Defence Force began after 14 May
1985 and who is not covered by paragraph (ga) of the definition of "Australian
Soldier" in subsection 4 (1) of the DSH Act; or

   (b)  a member:

   (i)  whose first service in the Defence Force began on or before 14 May
        1985; or

   (ii) whose first service in the Defence Force began after14 May 1985 and
who is covered by paragraph (ga) of the definition of "Australian Soldier" in
subsection 4 (1) of the DSH Act; and who has made an election under section
4ba of the DSH Act;

"operational service member" means a non-DSH member allotted (whether
retrospectively or otherwise) by written instrument signed by the Vice Chief
of the Defence Force for duty anywhere within the Middle-East operational area
and at any time on or after 2 August 1990;

"rejoining member" means a person who:

   (a)  before, on or after the commencing day resigns, retires or is
        discharged from the Defence Force; and

   (b)  immediately before the resignation, retirement or discharge was an
        eligible person; and

   (c)  again becomes a member within 2 years after the day on which the
        resignation, retirement or discharge took effect;

"reviewable decision" means a decision:

   (a)  refusing to issue an entitlement certificate; or

   (b)  cancelling an entitlement certificate; or

   (c)  refusing to grant approval under section 15 or 18; or

   (d)  that subsidy is not payable under subsection 20 (2); or

   (e)  giving a notice under section 27; or

   (f)  refusing an application under section 31 or 32; or

   (g)  revoking an approval; or

   (h)  refusing to extend the period for making an application under section
        33;

"Secretary" means the Secretary to the Department;

"spouse", in relation to a person, includes a person of the opposite sex to
the person who lives with the person as his or her spouse, on a permanent and
bona fide domestic basis, although not legally married to the person;

"student" means a person who is:

   (a)  at least 16 but under 25; and

   (b)  receiving full-time education at a school or college, or at a
        university or other tertiary education establishment;

"subsidised borrower" means a person who:

   (a)  is liable, either alone or jointly with another person, to pay the
        outstanding amount of a subsidised loan; and

   (b)  is an entitled person, or was an entitled person before the first
        payment of subsidy was made on the loan;

"subsidised loan" has the same meaning as in the agreement;

"subsidy" means a subsidy payable under Part 3 by the Commonwealth to the Bank
on a loan by the Bank, being a monthly amount calculated under this Act and
payable, for the benefit of the borrower, in the manner provided in the
agreement;

"subsidy period", in relation to a person, means the period to which the
person is entitled under section 23;

"widow", in relation to a man, includes a woman who lived with the man as his
wife on a permanent and bona fide domestic basis, although not legally married
to him; Note: See also section 8.

"widower", in relation to a woman, includes a man who lived with the woman as
her husband on a permanent and bona fide domestic basis, although not legally
married to her. Note: See also section 8.