Part 1
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Commonwealth act
This Act sets up a home‑purchase subsidy for eligible Australian Defence Force members and certain surviving partners. The Commonwealth pays a monthly subsidy (or a lump sum plus monthly payments for first‑time purchases) into the borrower’s loan account through approved loan providers, subject to eligibility, service‑credit and use/occupation conditions. The Secretary (and delegates) authorise, vary or revoke certificates and payments, and the subsidy amount is computed by statutory formulas tied to loan capital, an average house price and a median interest rate.
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Direct links to the current provisions in Defence Home Ownership Assistance Scheme Act 2008.
This Act may be cited as the Defence Home Ownership Assistance Scheme Act 2008.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Provision(s)</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day on which this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>23</span><span> </span><span>June 2008</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 85</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The later of:</span></p><p class="Tablea"><span>(a) the day on which this Act receives the Royal Assent; and</span></p><p class="Tablea"><span>(b) 1</span><span> </span><span>July 2008.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2008</span></p></td></tr></tbody></table>
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
In this Act:
accrued subsidy period has the meaning given by section 47.
agreement includes:
(a) a deed; and
(b) a memorandum of understanding between Commonwealth agencies.
approved form has the meaning given by section 77.
Australia includes the external Territories.
authorisation day has the meaning given by section 57.
authorised Commonwealth contractor has the meaning given by section 81.
average house price has the meaning given by section 52.
average monthly interest has the meaning given by section 50.
building work, in relation to land (or in relation to a loan that relates to an interest in land), has the meaning given by paragraph 30(1)(b).
commencing day means the day on which this section commences.
Commonwealth agency means a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.
compensable condition means a condition, disease, illness or injury suffered by a person in respect of which compensation is, or has been, payable under any of the following:
(a) the Safety, Rehabilitation and Compensation Act 1988;
(aa) the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988;
(b) the Veterans’ Entitlements Act 1986;
(c) the Military Rehabilitation and Compensation Act 2004;
(d) a law of the Commonwealth prescribed by the regulations.
debtor has the meaning given by section 66.
deceased partner has the meaning given by section 4.
Note: Partner is defined in this section. For the definition of surviving partner, see section 4.
declared loan provider has the meaning given by section 78.
due amount has the meaning given by section 67.
effective service, in relation to a person who is, or has been, a member of the Defence Force, means service in the Defence Force by the person that:
(a) if the person has, at any time before, on or after the commencing day, stopped being a member of the Defence Force, and, more than 5 years later, again become a member of the Defence Force—does not include service before the person again became a member of the Defence Force; and
(b) in any case—is recognised as effective service in accordance with the regulations.
eligible has the meaning given by section 7.
entitlement period has the meaning given by section 28.
first authorisation day, for subsidy that is payable during an entitlement period, means the first authorisation day after subsidy becomes payable for the entitlement period.
Note: For the definition of authorisation day, see section 57. The authorisation day is at the end of a monthly authorisation period (as defined in section 57). Subsidy becomes payable from the beginning of the first monthly authorisation period during which section 28 starts to apply.
foreign service member means a member of the Defence Force who, before he or she became a member of the Defence Force, had been a member of the armed forces of a foreign country.
house means a single dwelling, including a unit that is a single dwelling, but does not include:
(a) a dwelling, or unit, that is unfit for anyone to live in or that is the subject of a condemnation order; or
(b) a dwelling, or unit, that is to be compulsorily acquired by:
(i) the Commonwealth, a State or a Territory; or
(ii) an authority (including a local governing body) established for a public purpose by or under a law of the Commonwealth, a State or a Territory; or
(c) a caravan, houseboat or another kind of mobile dwelling; or
(d) a flat that is not a unit.
Note: Unit is also defined in this section.
internal review decision has the meaning given by section 75.
intestacy law means a law of, or in force in, a State or Territory that provides for the devolution of the estate of a person who dies intestate.
loan capital has the meaning given by section 51.
loan limit has the meaning given by section 51 (monthly subsidy—loan capital), as affected by sections 51A and 51B (liability for subsidised loans shared between partners).
loan provider means a body corporate which makes (or which is to make) loans to persons in relation to which this Act applies (or is to apply).
loan provider agreement, in relation to a loan provider, means the agreement entered into by the Commonwealth with the loan provider (whether before, on or after the commencing day) for the purposes of the payment of subsidy for the benefit of subsidised borrowers, as varied from time to time.
median interest rate has the meaning given by section 53.
monthly authorisation period has the meaning given by section 57.
monthly repayment has the meaning given by section 50.
monthly subsidy has the meaning given by section 49.
overpaid amount has the meaning given by section 66.
partner: a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are different sexes or the same sex) and ordinarily live with each other on a permanent and bona fide domestic basis.
Note: For the definitions of surviving partner and deceased partner, see section 4.
Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.
Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.
reviewable decision has the meaning given by section 71.
Secretary means the Secretary of the Department.
service credit has the meaning given by section 46.
service year means a year prescribed by regulations made for the purposes of the definition of effective service in this section.
subsidised borrower means a person to whom subsidy is (or is to be) payable under Part 4.
subsidised loan means a loan in relation to which subsidy is (or is to be) payable under Part 4.
subsidised loan account, in relation to a subsidised borrower who is a party to a subsidised loan with a loan provider, means the loan account maintained by the loan provider in the name of the borrower (or in the names of the borrower and another person or persons) in connection with the subsidised loan.
subsidy means:
(a) subsidy payable under this Act; or
(b) in paragraph (c) of step 2 of the method statement in subsection 46(1) (working out service credits)—subsidy payable under the Defence Force (Home Loans Assistance) Act 1990 or the Defence Service Homes Act 1918.
subsidy certificate means a certificate given under Part 3.
surviving partner has the meaning given by section 4.
Note: Partner is defined in this section. For the definition of deceased partner, see section 4.
unit means a unit held under a strata title system (or a similar system) established under a law of a State or Territory (however the unit is described for the purpose of that law), together with:
(a) any accompanying common property; and
(b) any permanent improvement (for example, a garage or storeroom) associated with the unit.
Note: A house (as defined in this section) may be a unit.
warlike service means service in the Defence Force of a kind determined as warlike service for the purposes of the Veterans’ Entitlements Act 1986, whether the determination is made, or the service performed, before, on or after the commencing day.
Note: See section 5C of the Veterans’ Entitlements Act 1986.
Scope (1) This section applies if 1 partner in a relationship dies. Definitions (2) In this Act:
deceased partner means the partner who died.
surviving partner means the partner of the deceased partner.
Note: For the definition of partner, see section 3.
Membership of the Reserves (1) For the purposes of this Act, a person who has been engaged (by enlistment, appointment or transfer) as a member of the Reserves at a particular time (the engagement time) is to be treated as a member of the Reserves until: (a) the engagement ends; or (b) during a service year: (i) the engagement does not end; but (ii) the person does not perform effective service as a member of the Reserves. Effect of failure to perform effective service (2) If a person’s membership of the Reserves ends under paragraph (1)(b) in relation to a service year, this Act applies to the person, and is taken to have applied to the person, as if he or she had: (a) in the case of a person who was a member of the Reserves at the end of the previous service year—stopped being a member of the Reserves immediately after the end of the previous service year; or (b) in any other case—not been engaged as a member of the Reserves at the engagement time.
Note: This section may have the following effects:
(a) the time at which a person is taken to stop being a member of the Reserves (or of the Defence Force) may be affected;
(b) there may be a retrospective loss of entitlements in relation to subsidy certificates, the payment of subsidy, service credits and accrued subsidy periods and loan limits;
(c) in particular, an authorisation of the payment of subsidy on the basis of a person’s membership of the Reserves may be revoked retrospectively (see section 44);
(d) if a subsidised borrower who is taken not to have been a member of the Reserves because of the operation of subsection (2) would have been otherwise entitled to subsidy, the authorisation of the payment of subsidy to the person may be varied retrospectively (see section 45).
Note: Example: A person is engaged as a member of the Reserves. The person is given a subsidy certificate under Part 3 on the basis of eligibility as a serving member of the Reserves. The person starts to receive amounts of monthly subsidy accordingly.
Note: However, at the end of the service year, the person has not performed effective service as a member of the Reserves.
Note: Because of subsection (2), this Act applies as if the person was not entitled to be given the subsidy certificate (because he or she was not eligible as a member of the Reserves).
Note: As a result, the original authorisation of the payment of subsidy may be revoked or varied (see sections 44 and 45). Amounts of subsidy to which the person is not entitled (because of the revocation or variation) are recoverable as overpayments under Division 6 of Part 4.
This Act extends to every external Territory.
A person is eligible if the person is eligible as any of the following: (a) a serving member (see section 8); (b) an incapacitated member (see section 9); (c) a rejoining incapacitated member (see section 10); (d) a rejoining member (see section 11); (e) a separated member (see section 12); (f) an old scheme member (see section 13).
(1) A person is eligible as a serving member at a particular time (the eligibility time) if, at that time, the person: (a) is a member of the Defence Force; and (b) has completed (whether before, on or after the commencing day) the relevant qualifying service period under subsection (2). (2) The qualifying service period for a serving member is: (a) if the member is, at the eligibility time, a member of the Permanent Forces—2 years of effective service; and (b) if the member is, at the eligibility time, a member of the Reserves—4 years of effective service; and (c) if the member is, at the eligibility time, a foreign service member—2 years of effective service.
Note: For the definition of effective service, see section 3.
(3) A person is not eligible as a serving member at a particular time if the person is eligible as a rejoining incapacitated member (see section 10) or as a rejoining member (see section 11) at that time.
Note: If a member of the Defence Force has had a break in service of more than 5 years before rejoining the Defence Force, the member’s service before rejoining the Defence Force no longer counts as effective service (see the definition of effective service in section 3).
A person is eligible as an incapacitated member at a particular time if the person: (a) on or after 1 July 2008, stopped being a member of the Defence Force because of a compensable condition; and (b) has not again become a member of the Defence Force.
(1) A person is eligible as a rejoining incapacitated member at a particular time (the eligibility time) if the person: (a) before, on or after the commencing day, stopped being a member of the Defence Force because of a compensable condition; and (b) before, on or after the commencing day, again became a member of the Defence Force within 5 years after he or she stopped being a member; and (c) at the eligibility time: (i) is a member of the Defence Force; and (ii) has completed (whether before, on or after the commencing day) the relevant qualifying service period under subsection (2). (2) The qualifying service period for a rejoining incapacitated member is: (a) if the member is, at the eligibility time, a member of the Permanent Forces—2 years of effective service; and (b) if the member is, at the eligibility time, a member of the Reserves—4 years of effective service.
Note: For the definition of effective service, see section 3.
A person is eligible as a rejoining member at a particular time (the eligibility time) if the person: (a) before, on or after the commencing day, stopped being a member of the Defence Force; and (b) was eligible immediately before he or she stopped being a member; and (c) before, on or after the commencing day, again became a member of the Defence Force within 5 years after the day on which the person stopped being a member; and (d) is a member of the Defence Force at the eligibility time.
A person is eligible as a separated member at a particular time if the person: (a) on or after 1 July 2008, stopped being a member of the Defence Force; and (b) was eligible immediately before he or she stopped being a member; and (c) has not again become a member of the Defence Force.
A person is eligible as an old scheme member if the person meets the requirements prescribed by the regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Defence Home Ownership Assistance Scheme Act 2008.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Provision(s)</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day on which this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>23</span><span> </span><span>June 2008</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 85</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The later of:</span></p><p class="Tablea"><span>(a) the day on which this Act receives the Royal Assent; and</span></p><p class="Tablea"><span>(b) 1</span><span> </span><span>July 2008.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2008</span></p></td></tr></tbody></table>
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
In this Act:
accrued subsidy period has the meaning given by section 47.
agreement includes:
(a) a deed; and
(b) a memorandum of understanding between Commonwealth agencies.
approved form has the meaning given by section 77.
Australia includes the external Territories.
authorisation day has the meaning given by section 57.
authorised Commonwealth contractor has the meaning given by section 81.
average house price has the meaning given by section 52.
average monthly interest has the meaning given by section 50.
building work, in relation to land (or in relation to a loan that relates to an interest in land), has the meaning given by paragraph 30(1)(b).
commencing day means the day on which this section commences.
Commonwealth agency means a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.
compensable condition means a condition, disease, illness or injury suffered by a person in respect of which compensation is, or has been, payable under any of the following:
(a) the Safety, Rehabilitation and Compensation Act 1988;
(aa) the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988;
(b) the Veterans’ Entitlements Act 1986;
(c) the Military Rehabilitation and Compensation Act 2004;
(d) a law of the Commonwealth prescribed by the regulations.
debtor has the meaning given by section 66.
deceased partner has the meaning given by section 4.
Note: Partner is defined in this section. For the definition of surviving partner, see section 4.
declared loan provider has the meaning given by section 78.
due amount has the meaning given by section 67.
effective service, in relation to a person who is, or has been, a member of the Defence Force, means service in the Defence Force by the person that:
(a) if the person has, at any time before, on or after the commencing day, stopped being a member of the Defence Force, and, more than 5 years later, again become a member of the Defence Force—does not include service before the person again became a member of the Defence Force; and
(b) in any case—is recognised as effective service in accordance with the regulations.
eligible has the meaning given by section 7.
entitlement period has the meaning given by section 28.
first authorisation day, for subsidy that is payable during an entitlement period, means the first authorisation day after subsidy becomes payable for the entitlement period.
Note: For the definition of authorisation day, see section 57. The authorisation day is at the end of a monthly authorisation period (as defined in section 57). Subsidy becomes payable from the beginning of the first monthly authorisation period during which section 28 starts to apply.
foreign service member means a member of the Defence Force who, before he or she became a member of the Defence Force, had been a member of the armed forces of a foreign country.
house means a single dwelling, including a unit that is a single dwelling, but does not include:
(a) a dwelling, or unit, that is unfit for anyone to live in or that is the subject of a condemnation order; or
(b) a dwelling, or unit, that is to be compulsorily acquired by:
(i) the Commonwealth, a State or a Territory; or
(ii) an authority (including a local governing body) established for a public purpose by or under a law of the Commonwealth, a State or a Territory; or
(c) a caravan, houseboat or another kind of mobile dwelling; or
(d) a flat that is not a unit.
Note: Unit is also defined in this section.
internal review decision has the meaning given by section 75.
intestacy law means a law of, or in force in, a State or Territory that provides for the devolution of the estate of a person who dies intestate.
loan capital has the meaning given by section 51.
loan limit has the meaning given by section 51 (monthly subsidy—loan capital), as affected by sections 51A and 51B (liability for subsidised loans shared between partners).
loan provider means a body corporate which makes (or which is to make) loans to persons in relation to which this Act applies (or is to apply).
loan provider agreement, in relation to a loan provider, means the agreement entered into by the Commonwealth with the loan provider (whether before, on or after the commencing day) for the purposes of the payment of subsidy for the benefit of subsidised borrowers, as varied from time to time.
median interest rate has the meaning given by section 53.
monthly authorisation period has the meaning given by section 57.
monthly repayment has the meaning given by section 50.
monthly subsidy has the meaning given by section 49.
overpaid amount has the meaning given by section 66.
partner: a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are different sexes or the same sex) and ordinarily live with each other on a permanent and bona fide domestic basis.
Note: For the definitions of surviving partner and deceased partner, see section 4.
Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.
Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.
reviewable decision has the meaning given by section 71.
Secretary means the Secretary of the Department.
service credit has the meaning given by section 46.
service year means a year prescribed by regulations made for the purposes of the definition of effective service in this section.
subsidised borrower means a person to whom subsidy is (or is to be) payable under Part 4.
subsidised loan means a loan in relation to which subsidy is (or is to be) payable under Part 4.
subsidised loan account, in relation to a subsidised borrower who is a party to a subsidised loan with a loan provider, means the loan account maintained by the loan provider in the name of the borrower (or in the names of the borrower and another person or persons) in connection with the subsidised loan.
subsidy means:
(a) subsidy payable under this Act; or
(b) in paragraph (c) of step 2 of the method statement in subsection 46(1) (working out service credits)—subsidy payable under the Defence Force (Home Loans Assistance) Act 1990 or the Defence Service Homes Act 1918.
subsidy certificate means a certificate given under Part 3.
surviving partner has the meaning given by section 4.
Note: Partner is defined in this section. For the definition of deceased partner, see section 4.
unit means a unit held under a strata title system (or a similar system) established under a law of a State or Territory (however the unit is described for the purpose of that law), together with:
(a) any accompanying common property; and
(b) any permanent improvement (for example, a garage or storeroom) associated with the unit.
Note: A house (as defined in this section) may be a unit.
warlike service means service in the Defence Force of a kind determined as warlike service for the purposes of the Veterans’ Entitlements Act 1986, whether the determination is made, or the service performed, before, on or after the commencing day.
Note: See section 5C of the Veterans’ Entitlements Act 1986.
Scope (1) This section applies if 1 partner in a relationship dies. Definitions (2) In this Act:
deceased partner means the partner who died.
surviving partner means the partner of the deceased partner.
Note: For the definition of partner, see section 3.
Membership of the Reserves (1) For the purposes of this Act, a person who has been engaged (by enlistment, appointment or transfer) as a member of the Reserves at a particular time (the engagement time) is to be treated as a member of the Reserves until: (a) the engagement ends; or (b) during a service year: (i) the engagement does not end; but (ii) the person does not perform effective service as a member of the Reserves. Effect of failure to perform effective service (2) If a person’s membership of the Reserves ends under paragraph (1)(b) in relation to a service year, this Act applies to the person, and is taken to have applied to the person, as if he or she had: (a) in the case of a person who was a member of the Reserves at the end of the previous service year—stopped being a member of the Reserves immediately after the end of the previous service year; or (b) in any other case—not been engaged as a member of the Reserves at the engagement time.
Note: This section may have the following effects:
(a) the time at which a person is taken to stop being a member of the Reserves (or of the Defence Force) may be affected;
(b) there may be a retrospective loss of entitlements in relation to subsidy certificates, the payment of subsidy, service credits and accrued subsidy periods and loan limits;
(c) in particular, an authorisation of the payment of subsidy on the basis of a person’s membership of the Reserves may be revoked retrospectively (see section 44);
(d) if a subsidised borrower who is taken not to have been a member of the Reserves because of the operation of subsection (2) would have been otherwise entitled to subsidy, the authorisation of the payment of subsidy to the person may be varied retrospectively (see section 45).
Note: Example: A person is engaged as a member of the Reserves. The person is given a subsidy certificate under Part 3 on the basis of eligibility as a serving member of the Reserves. The person starts to receive amounts of monthly subsidy accordingly.
Note: However, at the end of the service year, the person has not performed effective service as a member of the Reserves.
Note: Because of subsection (2), this Act applies as if the person was not entitled to be given the subsidy certificate (because he or she was not eligible as a member of the Reserves).
Note: As a result, the original authorisation of the payment of subsidy may be revoked or varied (see sections 44 and 45). Amounts of subsidy to which the person is not entitled (because of the revocation or variation) are recoverable as overpayments under Division 6 of Part 4.
This Act extends to every external Territory.
A person is eligible if the person is eligible as any of the following: (a) a serving member (see section 8); (b) an incapacitated member (see section 9); (c) a rejoining incapacitated member (see section 10); (d) a rejoining member (see section 11); (e) a separated member (see section 12); (f) an old scheme member (see section 13).
(1) A person is eligible as a serving member at a particular time (the eligibility time) if, at that time, the person: (a) is a member of the Defence Force; and (b) has completed (whether before, on or after the co
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