Commonwealth Numbered Acts

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT 89

89. Section 32A of the Principal Act is repealed and the following section is
substituted: Call-up of moneys on discovery of false statement

''32A. (1) Where-

   (a)  a person has, whether before or after the commencement of this
        section-

        (i)    in connection with the sale to him under this Act of a
               dwelling-house (in this sub-section referred to as the
               'relevant dwelling-house') or the making of an advance to him
               under this Act in connection with land and a dwelling-house (in
               this sub-section also referred to as the 'relevant
               dwelling-house') or land and a proposed dwelling-house (in this
               sub-section also referred to as the 'relevant dwelling-house');
               or

        (ii)   in an application for such a sale or the making of such an
               advance,

declared-

        (iii)  that the person was not the owner of any dwelling-house other
               than the relevant dwelling-house;

        (iv)   that the person and the wife or husband of the person were
               permanently separated; or

        (v)    that the wife or husband of the person was not the owner of any
               dwelling-house other than the relevant dwelling-house; and

   (b)  after the commencement of this section it comes to the knowledge of
        the Corporation that the declaration was untrue, the Corporation may,
        unless the estate or interest of the person in the land and the
        relevant dwelling-house has passed to another person otherwise than as
        the personal representative of the first-mentioned person, call up, by
        notice in writing given to the person or to the personal
        representative of the person, the whole of the moneys secured under
        the contract of sale or the mortgage or other security concerned and,
        thereupon, those moneys become due and payable.

''(2) A reference in sub-section (1) to a sale, or the making of an advance,
to a person shall be read as including a reference to a sale, or the making of
an advance, to a person and the wife or husband of the person jointly in
accordance with section 4A.''.