DEFENCE HOME OWNERSHIP ASSISTANCE SCHEME ACT 2008 (NO. 27, 2008)

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Definitions  
• 4 Meaning of deceased partner and surviving partner  
• 5 When a person is a member of the Reserves  
• 6 External Territories  

PART 2--ELIGIBILITY

• 7 Eligibility--who is eligible?  
• 8 Eligibility--serving members  
• 9 Eligibility--incapacitated members  
• 10 Eligibility--rejoining incapacitated members  
• 11 Eligibility--rejoining members  
• 12 Eligibility--separated members  
• 13 Eligibility--old scheme members  

PART 3--SUBSIDY CERTIFICATES

Division 1--Application for subsidy certificate

• 14 Application for subsidy certificate  
• 15 Further information about application  

Division 2--Decision to give subsidy certificate

• 16 Decision to give subsidy certificate--general  
• 17 Decision to give subsidy certificate--eligible applicants  
• 18 Decision to give subsidy certificate--surviving partners  
• 19 Decision to give subsidy certificate--loan discharged due to destruction or compulsory sale of house  
• 20 Decision to give subsidy certificate--loan discharged due to compensable condition  
• 21 Form of subsidy certificate  

Division 3--Effect of subsidy certificate

• 22 Period subsidy certificate in force  
• 23 Subsidy certificate not a legislative instrument  

Division 4--Variation and cancellation of subsidy certificates

• 24 Variation of subsidy certificate  
• 25 Cancellation of subsidy certificate  

PART 4--SUBSIDY

Division 1--Entitlement to subsidy

• 26 Entitlement--form of subsidy  
• 27 Entitlement--authorisation by Secretary  
• 28 Entitlement--criteria  
Subdivision B--When subsidy becomes payable
• 29 When subsidy becomes payable--eligibility and service credits  
• 30 When subsidy becomes payable--use of subsidised loan  
• 31 When subsidy becomes payable--ownership and location of land  
• 32 When subsidy becomes payable--occupation of house as a home (non-building loan)  
• 33 When subsidy becomes payable--use of land  
• 34 When subsidy becomes payable--subsidy lump sum  
Subdivision C--When subsidy stops being payable
• 35 When subsidy stops being payable--scope  
• 36 When subsidy stops being payable--general  
• 37 When subsidy stops being payable--completion of building work  
• 38 When subsidy stops being payable--ownership of land  
• 39 When subsidy stops being payable--occupation of house as a home (non-building loan)  
• 40 When subsidy stops being payable--occupation of house as a home (building loan)  
• 41 When subsidy stops being payable--use of land  
• 42 When subsidy stops being payable--disclosure of changes of circumstances  
• 43 When subsidy stops being payable--on request by the subsidised borrower  
Subdivision D--Revocation and variation
• 44 Revocation of authorisation for the payment of subsidy  
• 45 Variation of authorisation of payment of subsidy--when a person is not a member of the Reserves  

Division 2--Service credits

• 46 Working out service credits  
• 47 Service credits--working out accrued subsidy periods  
• 48 Service credits--additional allowance for warlike service  

Division 3--Amount of subsidy

• 49 Working out monthly subsidy  
• 50 Monthly subsidy--average monthly interest  
• 51 Monthly subsidy--loan capital  
• 52 Monthly subsidy--average house price  
• 53 Monthly subsidy--median interest rate  
Subdivision B--Subsidy lump sum
• 54 Subsidy lump sum payments  

Division 4--How subsidy is paid

• 55 How subsidy is paid--scope  
• 56 How subsidy is paid--to loan provider for the benefit of subsidised borrower  
• 57 How subsidy is paid--monthly subsidy  
• 58 How subsidy is paid--subsidy lump sum  

Division 5--Subsidy for surviving partners

• 59 Surviving partners of subsidised borrowers--scope  
• 60 Surviving partners of subsidised borrowers--joint interests in land  
• 61 Surviving partners of subsidised borrowers--interest in land inherited by surviving partner etc.  
• 62 Surviving partners of subsidised borrowers--interest in land not inherited by surviving partner etc.  
Subdivision B--Surviving partners holding subsidy certificates
• 63 Subsidy for surviving partners--if they hold subsidy certificates  
Subdivision C--Application of this Part
• 64 Subsidy for surviving partners--how this Part applies  
• 65 Subsidy for surviving partners--if surviving partner eligible in his or her own right etc.  

Division 6--Recovery of overpayments

• 66 Recovery of overpayments--scope  
• 67 Recovery of overpayments--amount payable  
• 68 Recovery of overpayments--from subsidised loan account  
• 69 Recovery of overpayments--from sale of interest in land  
• 70 Recovery of overpayments--in a court  

PART 5--REVIEW OF DECISIONS

Division 1--Internal review

• 71 Internal review--reviewable decisions  
• 72 Internal review--persons whose interests are affected  
• 73 Internal review--notice of reviewable decision and review rights  
• 74 Internal review--applications for review of reviewable decisions  
• 75 Internal review--review of reviewable decisions  

Division 2--External review

• 76 External review--review by Administrative Appeals Tribunal of internal review decisions  

PART 6--ADMINISTRATION

• 77 Approved forms  
• 78 Declared loan providers  
• 79 Use and disclosure of personal information  
• 80 Delegation of Minister's power to make certain determinations  
• 81 Delegation of Secretary's powers and functions  
• 82 Alteration of rights  
• 83 Receipt and custody of public money by contractor  
• 84 Appropriation  
• 85 Regulations