Commonwealth Numbered Acts

Home Deposit Assistance Act 1982 No. 40 of 1982 - SECT 27

27. (1) For the purpose of determining the acceptable savings of joint
applicants on a particular date (in this section referred to as the ''relevant
date''), where moneys, other than borrowed moneys, were expended before the
relevant date by any of the applicants, or jointly by 2 or more of the
applicants, in payment of the whole or a part of the purchase price in respect
of the purchase by any of the applicants, or jointly by 2 or more of the
applicants, of land that could, on the date on which the moneys were expended,
lawfully be used for residential purposes (not being land on which there has
been, is being, or is to be, constructed a dwelling in respect of which the
applicants are applicants for a grant) and-

   (a)  one or more of the applicants has or have, before the expiration of 6
        months after the prescribed date, become entitled to receive a refund
        of the whole or a part of the moneys expended but had not, before the
        relevant date, received the whole of that refund; or

   (b)  one or more of the applicants has or have, before the expiration of 6
        months after the prescribed date, entered into a contract for the sale
        of the land, but had not, before the relevant date, received the whole
        of the moneys that were payable in respect of the sale,
the Secretary may, having regard to the area and the number of separate
parcels of the land and the amount (if any) received by the joint applicant or
joint applicants before the relevant date as a refund of the moneys expended
or in respect of the sale of the land, treat the acceptable savings of the
joint applicants on the relevant date as having included the whole, or such
part as the Secretary considers reasonable, of the moneys expended.

(2) In sub-section (1)-

   (a)  the reference to moneys expended by an applicant before the
        relevant date shall be read as including a reference to one-half of
        any moneys expended by that applicant jointly with another person (not
        being another joint applicant), being-

        (i)    a person to whom the applicant was legally married on the
               prescribed date and to whom a direction under sub-section 7 (2)
               applies;

        (ii)   a person (not being a deceased spouse of the applicant) who was
               the spouse of the applicant on the relevant date; or

        (iii)  a person who, on the relevant date, was engaged to be married
               to the applicant;

   (b)  the reference to the purchase of land by the applicant shall be read
        as including a reference to the purchase of land by the applicant and
        that other person jointly;

   (c)  the reference to the entering into by the applicant of a contract for
        the sale of land shall be read as including a reference to the
        entering into of such a contract by the applicant and that other
        person jointly; and

   (d)  the reference to moneys received by the applicant as a refund shall be
        read as including a reference to one-half of any moneys received as a
        refund by the applicant and the other person jointly.
         (3) In this section, ''borrowed moneys'' means-


   (a)  in relation to moneys expended by any joint applicant or jointly by 2
        or more applicants-moneys borrowed by any of the joint applicants; and

   (b)  in relation to moneys expended by an applicant jointly with another
        person as mentioned in sub-section (2)-moneys borrowed by the
        applicant, by that other person or by both of them.

(4) A reference in this section to the purchase or sale by a person or persons
of land shall be read as a reference to the purchase or a sale, as the case
may be, of an estate or interest in the land by the person or persons
(otherwise than as trustee or trustees) or by another person as trustee for
the first-mentioned person or persons.

(5) A reference in this section to moneys expended by a person shall be read
as including a reference to moneys expended by that person by way of payment
of interest.