8Construction of instruments

8 Construction of instruments

(1)  Where –

(a) a TDA home mortgage is sold under section 6 ; and

(b) in an instrument that was in force immediately before the date on which the sale takes effect there is a reference to the Authority relating to that mortgage –

that instrument has effect on and from that date, except in so far as the context or subject-matter otherwise indicates or requires, as if the reference were, or included as the case may require, a reference to the purchaser.

(2)  [Section 8 Subsection (2) amended by No. 26 of 2022, s. 21, Applied:01 Dec 2022] Where a TDA home mortgage that is sold under section 6 confers any power by reference to a provision of the Homes Tasmania Act 2022 or the former Homes Act 1935, the powers exercisable under that provision are, for the purposes of that mortgage, taken to be conferred on the purchaser.