Commonwealth Numbered Acts

Home Deposit Assistance Act 1982 No. 40 of 1982 - SECT 28

28. (1) This section applies to a person in relation to a date if, on that
date-

   (a)  the person was serving outside Australia as a member of the Defence
        Force;

   (b)  the person was the spouse of a person mentioned in paragraph (a); or

   (c)  the person was a child, within the meaning of Part IV, of a person
        mentioned in paragraph (a) and was wholly or substantially dependent
        on that person, on the spouse of that person or on both of them.

(2) For the purposes of this Act, the acceptable savings of a sole applicant
on a date on which the applicant was a person to whom this section applies,
include moneys, other than borrowed moneys, that were held on that date
outside Australia by the applicant (or by the applicant jointly with a person
who was, on that date, the spouse of the applicant) in a form approved by the
Secretary.

(3) For the purposes of this Act, the acceptable savings of joint applicants
on a date on which any of the applicants was a person to whom this section
applies include moneys, other than borrowed moneys, that were held on that
date outside Australia by the applicant (or by the applicant jointly with a
person who was, on that date, the spouse of the applicant) in a form approved
by the Secretary.

(4) In the application of sub-section (3) in relation to a joint applicant to
whom this section applies, the reference in that sub-section to moneys held on
a date by that applicant and a person who was the spouse of the applicant on
that date shall, if the spouse is also a joint applicant in respect of the
same application, be read as a reference to one-half only of the moneys so
held jointly.
         (5) In this section, ''borrowed moneys'' means-


   (a)  in relation to moneys held by an applicant-moneys borrowed by the
        applicant; and

   (b)  in relation to moneys held jointly by an applicant and the spouse of
        the applicant-moneys borrowed by the applicant, by the spouse of the
        applicant or by both of them.

(6) Without limiting the operation of section 7, a reference in this section
to a person who was the spouse of an applicant on a particular date shall be
read as including a reference to a person who was, on that date, engaged to be
married to the applicant.