3Definitions

#### 3 Definitions 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.