Commonwealth Numbered Acts

Home Deposit Assistance Act 1982 No. 40 of 1982 - SECT 37

37. (1) Where an applicant, by notice in writing furnished to the Secretary,
requests the Secretary to give a direction under this section and the
Secretary is satisfied that-

   (a)  by reason of circumstances that occurred before the prescribed date,
        the estimated amount, or the actual amount, of the taxable income of
        the applicant for the current year of income is less than the amount
        of his taxable income for the preceding year of income;

   (b)  the applicant took reasonable steps to avoid those circumstances or to
        mitigate their effect; and

   (c)  the applicant will be advantaged by the making of such a direction,
the Secretary shall direct that this section shall apply in relation to the
applicant.

(2) Subject to sub-section (3), where a direction is given under sub-section
(1) in relation to an applicant, the relevant year of income in relation to
the applicant is the current year of income.

(3) Where a direction is given under sub-section (1) in relation to an
applicant on the basis of an estimated amount of taxable income and the actual
amount is greater than that estimated amount, the relevant year of income in
relation to the applicant is the current year of income or the preceding year
of income, whichever is of greater advantage to the applicant.