Commonwealth Numbered Acts

HOMES SAVINGS GRANTS ACT 1976 No. 183 of 1976 - SECT 4

PART II-INTERPRETATION
4. (1) In this Act, unless the contrary intention appears-

''applicant'', in relation to an application for a grant, means the person or
each person, as the case may be, who, in accordance with sub-section 16 (2),
signed the application or is to be deemed, by virtue of a direction under
sub-section 16 (3), to have signed the application;

''application'' means an application for a grant;

''approved interest'', in relation to a person in relation to land or to a
dwelling-house of a kind commonly known as a flat or home unit, means-

   (a)  an estate in fee simple;

   (b)  an interest as purchaser of an estate in fee simple from the Crown in
        right of a State where payment of the purchase price is to be made by
        instalments over a period of years;

   (c)  an estate for life approved by the Secretary for the purposes of this
        Act;

   (d)  a lease for a term of years from the owner of an estate in fee simple
        if the Secretary is satisfied that the lease gives reasonable security
        of tenure to the lessee for a substantial period;

   (e)  a lease, licence or right of occupancy from the Crown in right of the
        Commonwealth or a State if the Secretary is satisfied that the lease,
        licence or right of occupancy gives reasonable security of tenure to
        the lessee, licensee or holder of the right;

   (f)  an interest of the kind referred to in sub-section 13 (1); or

   (g)  any other interest declared by the regulations to be an approved
        interest for the purposes of this Act;

''building society'' means a society registered or incorporated as a
building society or a co-operative housing society under the law in force in a
State or internal Territory relating to building societies or co-operative
housing societies, and includes a society registered under Part I of the
Building and Co-operative Societies Act, 1901, of New South Wales;

''credit union'' means a society or other body of persons-

   (a)  that is registered or incorporated as a credit union or credit society
        under the law in force in a State or internal Territory relating to
        credit unions or credit societies; or

   (b)  the principal business of which consists of borrowing moneys from its
        members and lending those moneys to its members and that is registered
        or incorporated under the law in force in a State or internal
        Territory relating to such societies or bodies of persons;

''deceased spouse'', in relation to an applicant, means a person who died
before the prescribed date and was, on the date of his or her death, the
spouse of the applicant;

''Department'' means the Department of Environment, Housing and Community
Development;

''eligible person'' means a person who is an eligible person for the purposes
of this Act by reason of section 15;

''grant'' means a grant under section 17;

''joint applicant'' means an applicant in respect of an application in respect
of which another person is also an applicant or other persons are also
applicants;

''officer'' means a person exercising powers, or performing duties or
functions, under or in relation to this Act;

''prescribed date'', in relation to a sole applicant who has, or joint
applicants one of whom has, or 2 or more of whom together have, entered into a
contract of a kind referred to in paragraph 15 (1) (a) or (b), or commenced
the construction of a dwelling-house as referred to in paragraph 15 (1) (c)
(whether or not the construction has been completed), means the date that is
the date of the contract for the purposes of section 15 or the date on which
the construction commenced, as the case may be;

''prescribed person'', in relation to a dwelling-house, means a person who is
a prescribed person in relation to that dwelling-house by virtue of
sub-section 15 (1);

''Regional Director'' means a Regional Director appointed under section 35;

''relevant savings period'', in relation to a sole applicant or in relation to
joint applicants, means the period that, under sub-section (2), is the
relevant savings period in relation to the applicant or applicants, as the
case may be;

''savings bank'' means-

   (a)  a savings bank within the meaning of the Banking Act 1959;

   (b)  State Savings Bank of Victoria;

   (c)  The Savings Bank of South Australia;

   (d)  The Rural and Industries Bank of Western Australia;

   (e)  The Cairns Co-operative Weekly Penny Savings Bank Limited; and

   (f)  any other bank determined by the Secretary, by notice published in the
        Gazette, to be a savings bank for the purposes of this Act;

''Secretary'' means the Secretary to the Department;

''sole applicant'' means an applicant other than a joint applicant;

''trading bank'' means-

   (a)  a trading bank within the meaning of the Banking Act 1959;

   (b)  Rural Bank of New South Wales;

   (c)  State Bank of South Australia;

   (d)  The Rural and Industries Bank of Western Australia; and

   (e)  any other bank determined by the Secretary, by notice published in the
        Gazette, to be a trading bank for the purposes of this Act.

(2) Where the Secretary is satisfied, in relation to a sole applicant or in
relation to joint applicants, that acceptable savings were held continuously
by the applicant or applicants throughout a period that com- menced on or
after 1 January 1976 and ended immediately before the prescribed date, that
period is, for the purposes of this Act, the relevant savings period in
relation to the sole applicant or in relation to the joint applicants, as the
case may be.

(3) A reference in this Act to moneys borrowed by a person shall be read as
including a reference to moneys borrowed by that person together with another
person.