Part I
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Act creates a Commonwealth cash grant to help young married people, and widowed or divorced persons with dependent children, buy or build a home. It sets detailed eligibility rules (age, residence/citizenship, three‑year acceptable savings, property‑value caps), prescribes how grants are calculated, paid and repaid, and vests administration and wide discretion in the Secretary and Regional Directors.
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Direct links to the current provisions in Homes Savings Grant Act 1964.
This Act may be cited as the Homes Savings Grant Act 1964.
This Act shall come into operation on the day on which it receives the Royal Assent.
Chapter 2 of the Criminal Code applies to all offences against this Act.
(1) In this Act, unless the contrary intention appears:
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;
(ea) an interest of the kind referred to in subsection (1) of section 4C; or
(f) 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 an 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 the State of New South Wales.
Commonwealth—State Housing Agreement moneys means moneys provided by the Commonwealth in pursuance of an Act relating to the grant of financial assistance to the States for the purpose of housing other than moneys that are required by the Act in pursuance of which they are provided to be used for the provision of finance for persons erecting or purchasing dwelling‑houses for their own use.
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 an 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 an internal Territory relating to such societies or bodies of persons.
dependent child, in relation to a person, means a child who is in the custody, care and control of the person, being a child:
(a) who is under the age of sixteen years; or
(b) who:
(i) has attained the age of sixteen years but is under the age of twenty‑one years;
(ii) is receiving full‑time education at a school, college or university; and
(iii) is wholly or substantially dependent on the person;
but does not include: (c) if the person is a widower or widow—a child who was not born of the person and his or her deceased spouse and whose custody, care and control were assumed by the person after the death of his or her spouse; and (d) if the person is a divorced person—a child who was not born of the person and his or her former spouse unless the child had been in the custody, care and control of those persons before the dissolution of their marriage.
friendly society means a society registered or incorporated under the law in force in a State or an internal Territory relating to friendly societies.
officer means a person exercising powers, or performing duties or functions, under or in relation to this Act.
savings bank means:
(a) a savings bank within the meaning of the Banking Act 1959;
(b) the 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 of the Department.
share, in relation to the capital of a building society, does not include a share in the capital of that society that is quoted for sale or purchase on a Stock Exchange.
State authority means a body corporate (not being a bank or an incorporated company, society or association) incorporated for a public purpose by or under a law of a State.
the prescribed date, in relation to an eligible person, means:
(a) in the case of a person who or whose spouse, or who together with his or her spouse, has entered into a contract for the purchase of a dwelling‑house situated in Australia:
(i) if the contract was in writing—the date of making of the contract; or
(ii) in any other case—such date as the Secretary determines;
(b) in the case of a person who or whose spouse, or who together with his or her spouse, has entered into a contract for the construction by a building‑contractor of a dwelling‑house on land situated in Australia that is, or that the Secretary is satisfied will be, owned by the person or his or her spouse or by both the person and his or her spouse:
(i) if the contract was in writing—the date of making of the contract or the date on which the construction of the dwelling‑house commenced, whichever was the earlier; or
(ii) in any other case—such date as the Secretary determines; or
(c) in the case of a person who or whose spouse, or who together with his or her spouse, has constructed or is constructing, otherwise than through a building‑contractor, a dwelling‑house on land situated in Australia that is, or that the Secretary is satisfied will be, owned by the person or his or her spouse or by both the person and his or her spouse—the date on which the construction of the dwelling‑house commenced.
trading bank means:
(a) a trading bank within the meaning of the Banking Act 1959;
(b) the Rural Bank of New South Wales;
(c) the 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.
(1A) For the purposes of the definition of dependent child in the last preceding subsection, a child shall be deemed to be in the custody, care and control of a person if the Secretary is satisfied that the child will be in the custody, care and control of the person after the completion of the purchase or construction of the dwelling‑house in respect of which the person has applied for a grant under this Act. (1B) A determination by the Secretary, by notice published in the Gazette, that a bank is a savings bank or a trading bank for the purposes of this Act may be expressed to have taken effect from a date before the date on which the determination is made (including a date before the commencement of this subsection) and, where a determination is so expressed to have taken effect from a date before the date on which the determination is made, the bank to which the determination relates shall be deemed for the purposes of this Act to have been a savings bank or a trading bank, as the case may be, on and from the date from which the determination is so expressed to have taken effect. (2) In this Act: (a) a reference, in relation to any time (in this paragraph referred to as the relevant time), to the spouse of an eligible person: (i) is a reference to the person who was the spouse of the eligible person at the prescribed date or became the spouse of the eligible person at a later date, whether or not he or she was the spouse of the eligible person at the relevant time; and (ii) in the case of an eligible person in relation to whom the prescribed date is a date later than 26 October 1969—includes, for the purpose of ascertaining the acceptable savings of the eligible person as at the relevant time, a reference to the person who was the spouse of the eligible person at the relevant time or became the spouse of the eligible person at a later time, notwithstanding that he or she subsequently ceased to be the spouse of the eligible person; and (b) a reference, in relation to any time (in this paragraph referred to as the relevant time), to a deceased spouse of an eligible person shall be read as a reference to any person who, at the time of his or her death, was the spouse of the eligible person, whether or not he or she was the spouse of the eligible person at the relevant time. (2A) For the purposes of this Act: (a) moneys saved at any time by a deceased spouse of a person shall be deemed to have been saved at that time by the person; (b) moneys held (whether in the form of an investment or otherwise), or paid or expended, at any time by a person jointly with a deceased spouse of the person shall be deemed to have been held, or paid or expended, as the case may be, at that time by the person alone; (c) moneys held (whether in the form of an investment or otherwise) at any time by a deceased spouse of a person shall be deemed to have been held at that time by the person; (d) where moneys that were held (whether in the form of an investment or otherwise) by a deceased spouse of a person at the time of his or her death are, by reason of the last preceding paragraph, to be deemed to have been held at that time by the person, the Secretary may treat those moneys as having continued, in whole or in part, to be held by that person for such period after that time as the Secretary thinks reasonable and as having continued to be so held in the same form as the form in which the moneys were held by the deceased spouse of the person at that time; and (e) moneys paid or expended at any time by a deceased spouse of a person shall be deemed to have been paid or expended, as the case may be, at that time by the person. (3) A reference in this Act to moneys saved by a person does not include a reference to moneys borrowed by the person. (4) For the purposes of this Act, a person shall be deemed not to have ceased to reside in Australia during any temporary absence from Australia. (5) For the purposes of this Act: (a) a person who has, whether before or after the commencement of this Act, saved moneys by depositing those moneys, and maintaining them on deposit, with a branch of a savings bank or of a trading bank in an external Territory, shall be deemed to have saved those moneys in Australia; and (b) a reference in this Act to a branch in Australia of a savings bank or of a trading bank shall, in relation to such a person, be read as including a reference to a branch of a savings bank or of a trading bank, as the case may be, in such a Territory. (5A) After the establishment of an independent sovereign state in the territories that constitute the Territory of Papua and the Territory of New Guinea, this Act applies in relation to the territories in which that independent sovereign state was established in like manner as it applied in relation to those territories before the establishment of that independent sovereign state. (6) For the purposes of this Act, a person shall be deemed not to have received a grant under this Act if the person or his or her spouse has paid to the Commonwealth, or the Commonwealth has recovered from the person or his or her spouse, an amount equal to the amount of the grant in pursuance of subsection (2) of section 24 or section 28, or of an order under subsection (2) of section 26. (6A) Where a person has entered into a contract for the purchase of a structure for removal to land situated in Australia, being a structure intended for use as a dwelling‑house on that land, then, for the purposes of this Act: (a) that contract and any other contract relating to the removal of that structure to, or its siting on, that land shall be deemed to be a contract for the construction by a building‑contractor of a dwelling‑house on that land; and (b) construction under that last‑mentioned contract shall be deemed to have commenced on the date on which the contract for the purchase of the structure was entered into. (7) For the purposes of this Act: (a) the construction of a dwelling‑house shall be deemed to have commenced on: (i) the day on which work commenced on the laying of the foundations of the dwelling‑house; or (ii) if the Secretary determines that, having regard to all the circumstances, the construction of the dwelling‑house should be treated as having commenced on a later day—that later day; and (b) the completion of the construction of a partly constructed dwelling‑house shall be deemed to have commenced on such date as the Secretary determines, having regard to all the circumstances, should be treated as the date on which that construction commenced to be completed. (8) Unless the contrary intention appears, a reference in this Act to the construction of a dwelling‑house by a person (whether through a building‑contractor or not) shall, if the construction of the dwelling‑house was commenced by another person (whether through a building‑contractor or not), be read as a reference to the completion of the construction of the dwelling‑house by the first‑mentioned person.
(1) Where: (a) the owner of land holds the land in trust for another person; or (b) a person has entered into a contract for the purchase of land or a dwelling‑house to be held in trust for another person; and the Secretary is satisfied that the other person will become the owner of the land or dwelling‑house, the other person shall, for the purposes of this Act other than section 17, be deemed to be the owner of the land or dwelling‑house or to have entered into the contract for the purchase of the land or dwelling‑house, as the case may be. (2) Where: (a) an owner of land who holds the land in trust for another person has entered into a contract for the construction by a building‑contractor of a dwelling‑house on the land; or (b) a person has, at the request of another person, entered into a contract, otherwise than as an agent of the other person, for the construction by a building‑contractor of a dwelling‑house on land owned by the other person; the other person shall, for the purposes of this Act, be deemed to have entered into the contract. (3) Section 19 has effect in relation to paragraphs (a) and (b) of subsection (1) of this section and paragraph (a) of the last preceding subsection as if there were omitted from subsections (1) and (2) of section 19 the words “, otherwise than as a trustee,” (wherever occurring). (4) For the purposes of this Act, where: (a) a person holds any moneys, whether in the form of an investment or otherwise, in trust for another person; and (b) the moneys are not held jointly with other moneys, other than moneys held in trust for the spouse of the other person; the moneys shall be deemed to have been saved by the other person and to be held by the other person in the same form as that in which they are held by the trustee, and any such moneys that have been paid or expended for any purpose by the trustee shall be deemed to have been paid or expended for that purpose by the other person.
(1) In this section:
financial year, in relation to a credit union, means:
(a) a period of twelve months ending on 30 June; or
(b) if the credit union has adopted a period of twelve months ending on any other day as its accounting period—a period of twelve months ending on that other day.
housing loan means a loan made for or in connexion with any one or more of the following purposes:
(a) the purchase of land that could, at the time when the loan was made, lawfully be used for residential purposes;
(b) the purchase of a dwelling‑house;
(c) the construction of a dwelling‑house; and
(d) the payment of expenses incurred, or to be incurred, in connexion with a purpose referred to in a preceding paragraph of this definition.
registered company auditor means a person registered as a company auditor under a law in force in a State or Territory.
(2) The Secretary may, on application by a credit union, by instrument under his hand, approve that credit union for the purposes of this Act. (3) An approval under the last preceding subsection shall be deemed to have taken effect on and from the first day of the last financial year of the credit union that ended before the date of application by the credit union for approval. (3A) The Secretary is not required to approve a credit union for the purposes of this Act where, if the approval were granted, it would, by virtue of subsection (3), be deemed to have taken effect on and from a date later than 31 December 1976. (4) The Secretary shall not approve a credit union unless: (a) he is satisfied that not less than twenty per centum of the total amount that was lent by the credit union to its members during the last financial year of the credit union that ended before the date of the application for approval was lent by way of housing loans; and (b) the credit union has given him an undertaking in writing that not less than twenty per centum of the total amount that will be lent by the credit union to its members during each subsequent financial year will be lent by way of housing loans. (5) An application by a credit union for approval shall: (a) be in writing in accordance with a form made available by the Secretary; (b) contain an undertaking of a kind referred to in paragraph (b) of the last preceding subsection; (c) specify the address of its place of business, or principal place of business, and an address for service of notices; (d) be signed by an officer of the credit union; (e) be lodged with the Secretary; and (f) be accompanied by a statement, together with a certificate by a registered company auditor as to the correctness of the statement, setting out such information as is necessary to enable the Secretary to satisfy himself as to the matter referred to in paragraph (a) of the last preceding subsection. (6) An approved credit union shall, within three months after the expiration of each financial year of the credit union ending on or after the date on which the credit union became an approved credit union, furnish to the Secretary a statement, together with a certificate by a registered company auditor as to the correctness of the statement, setting out: (a) the total amount that was lent by the credit union to its members during that financial year; and (b) the total amount that was lent by the credit union to its members during that financial year by way of housing loans. (6A) Subsection (6) does not require a credit union to furnish to the Secretary a statement in respect of a financial year ending after 31 December 1976. (7) If a financial year of a credit union ends on or after the date on which the credit union applied for approval and before the date on which the credit union became an approved credit union, the credit union shall, within three months after that last‑mentioned date, furnish to the Secretary a statement and certificate in accordance with subsection (6) in relation to that financial year. (8) The Secretary may at any time, by notice under his hand sent by post to the address for service of a credit union that is an approved credit union or has applied for approval, require that credit union to furnish to him, within such time as is specified in the notice, such information as he requires in relation to loans made by the credit union during a financial year referred to in paragraph (a) of subsection (4), subsection (6) or subsection (7). (9) If an approved credit union: (a) has failed to comply with the undertaking given by the credit union in connexion with its application for approval; (b) has failed to comply with the requirements of subsection (6) or subsection (7); or (c) has failed to comply with a requirement of the Secretary under the last preceding subsection; the Secretary may, by instrument under his hand, withdraw the approval given in relation to the credit union, but the withdrawal does not take effect until the expiration of six months after the date of the withdrawal. (10) As soon as practicable after the Secretary grants approval to, or withdraws the approval of, a credit union, he shall: (a) cause to be sent by post to the credit union, at its address for service, a notice of the approval or withdrawal and the date as from which the approval is, by virtue of subsection (3), to be deemed to have taken effect or the withdrawal is, by virtue of the last preceding subsection, to take effect, as the case may be; and (b) cause to be published in the Gazette a notice specifying the name, and the address of the place of business, of the credit union and the date as from which the approval is, by virtue of subsection (3), to be deemed to have taken effect or the withdrawal is, by virtue of the last preceding subsection, to take effect, as the case may be.
(1) Where a person: (a) has, on or after 1 April 1976 and, in the case of a widower or widow or a divorced person, while the person was a widower or widow or a divorced person: (i) entered into a contract for the construction by a building‑contractor, on land situated in Australia, of a dwelling‑house the construction of which commenced on or after that date; or (ii) commenced to construct, otherwise than through a building‑contractor, on land situated in Australia, a dwelling‑house; and (b) satisfies the Secretary that the land forms part of a rural property owned by another person (whether that other person holds the land as a trustee or not) who has given permission to the first‑mentioned person to occupy the dwelling‑house when completed; then, for the purposes of this Act, that permission shall be deemed to create an interest in the land in favour of that first‑mentioned person and that first‑mentioned person shall be deemed to be the owner of that interest. (2) A person shall be deemed to comply with paragraph (a) of subsection (1) if the action required to be taken by that person to comply with that paragraph was taken by: (a) in the case of a person who is married—the spouse of the person or the person and his or her spouse acting jointly; (b) in the case of a person who is a widower or widow—the person and a child or children of the person or of a deceased spouse of the person acting jointly; or (c) in the case of a person who is a divorced person—the person and a child or children of the person or of a former spouse of the person acting jointly. (3) In this section, rural property means: (a) land used wholly or substantially for primary production; or (b) land that the Secretary is satisfied should, having regard to its extent, location, use or zoning, be treated as a rural property for the purposes of this Act.
The object of this Act is to encourage and assist young married persons, and young widowed and divorced persons with dependent children, to purchase or build their own homes and, in the administration of this Act, regard shall be had to that object.
The Secretary has, subject to any directions of the Minister, the general administration of this Act.
(1) For the purposes of this Act, the Secretary shall: (a) in respect of each State—appoint an officer of the Department to be the Regional Director for that State; and (b) in respect of the Australian Capital Territory—appoint an officer of the Department to be the Regional Director for that Territory. (1A) An appointment under this section may be an appointment of: (a) a specified officer of the Department only; or (b) every officer of the Department from time to time holding, or performing the duties of, a specified office in the Department. (2) For the purposes of this section, the Northern Territory shall be deemed to be part of the State of South Australia.
(1) The Secretary may, by writing under his hand, delegate to an officer of the Department, either generally or otherwise as provided in the instrument of delegation, all or any of his powers and functions under this Act, except this power of delegation. (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation. (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Secretary.
(1) The Secretary shall, subject to this Act, determine applications for grants. (2) A determination, direction, decision or approval of an officer (including the Secretary) under this Act must be in writing. (3) Notice of a determination, direction, decision or approval of an officer (including the Secretary) must be served by post on the applicant, or on each of the applicants, as the case may be.
(1) Where it appears to the Secretary that sufficient reason exists for reviewing a determination, direction, decision or approval of an officer under this Act (including a determination, direction, decision or approval of the Secretary), the Secretary may review the determination, direction, decision or approval and may affirm, revoke or vary it. (2) This section ceases to have effect on 31 August 1995.
(1) Subject to subsection (2), a person affected by a determination, direction, decision or approval of an officer under this Act (including a determination, direction, decision or approval of the Secretary) may appeal to the Secretary, and the Secretary may affirm, revoke or vary the determination, direction, decision or approval. (2) An appeal must be in writing and furnished to the Secretary not later than: (a) the end of the period of 28 days after the day on which notice of the decision was served on the appellant; or (b) 31 August 1995; whichever is the later.
(1) The Secretary or a Regional Director may, for the purposes of this Act: (a) summon witnesses; (b) receive evidence on oath or affirmation; and (c) require the production of documents. (2) A person who has been summoned to appear before the Secretary or a Regional Director shall not, after tender of reasonable expenses, fail to appear in obedience to the summons. (3) A person, whether summoned or not, who appears before the Secretary or a Regional Director shall not: (a) refuse to be sworn as a witness or to make an affirmation; (b) fail to answer any question that he is lawfully required to answer; or (c) fail to produce any document that he is lawfully required to produce. (4) Subsections (2) and (3) are offences of strict liability.
Penalty: Forty dollars.
(1) A person shall, if the Minister or the Secretary so directs, before entering upon his duties, or exercising any powers or performing any functions, under this Act, make before a Justice of the Peace or a Commissioner for Declarations a declaration in accordance with the prescribed form. (2) A person shall not, directly or indirectly, make a record of, or divulge or communicate to any person, any information with respect to the affairs of another person acquired by him in the exercise of his powers, or the performance of his duties or functions, under this Act. (2A) Subsection (2) does not apply if the information is recorded, divulged or communicated in the exercise of powers, or the performance of duties or functions, under this Act. (2B) Strict liability applies to the element of an offence against subsection (2) that an acquisition of information is an acquisition in the exercise of powers, or in the performance of duties or functions, under this Act. (3) A person who is, or has been, an officer shall not, except for the purposes of this Act, be required: (a) to produce in court any document that has come into his possession or under his control in the exercise of his powers, or the performance of his duties or functions, under this Act; or (b) divulge or communicate to a court any matter or thing that has come under his notice in the performance of any such duties or functions. (4) Notwithstanding anything contained in the preceding provisions of this section, an officer may: (a) if the Minister or the Secretary certifies that it is necessary in the public interest that any information acquired by the officer in the exercise of his powers, or the performance of his duties or functions, under this Act should be divulged, divulge that information to such person as the Minister or the Secretary directs; (b) divulge any such information to any prescribed authority or person; or (c) divulge any such information to a person who, in the opinion of the Secretary, is expressly or impliedly authorized by the person to whom the information relates to obtain it. (5) An authority or person to whom information is divulged under the last preceding subsection, and any person or employee under the control of that authority or person, is, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsections (2) and (3) as if he were a person performing duties under this Act and had acquired the information in the performance of those duties.
Penalty: Five hundred dollars.
(1) Subject to section 14E, a person is an eligible person for the purposes of this Act if: (a) the person is married; (b) the person had not, before the prescribed date and the date of his or her marriage, attained the age of thirty‑six years; (c) the person: (i) was an Australian citizen throughout the period of three years immediately preceding the prescribed date; or (ii) resided in Australia throughout that period; (d) the Secretary is satisfied that, throughout the period of three years immediately preceding the prescribed date: (i) where the prescribed date is a date not later than 30 April 1967—acceptable savings were held by the person; or (ii) in any other case—acceptable savings were held by the person or his or her spouse, or by the person jointly with his or her spouse; (e) a grant under this Act has not been made to the person, or to the spouse or a former spouse of the person during his or her marriage to the person; (f) the person or his or her spouse has, or the person and his or her spouse have, on or after 2 December 1963: (i) entered into a contract for the purchase of a dwelling‑house situated in Australia, or for the construction by a building‑contractor, on land situated in Australia that is, or that the Secretary is satisfied will be, owned by either or both of those persons, of a dwelling‑house the construction of which commenced on or after that date; or (ii) commenced to construct, otherwise than through a building‑contractor, on land situated in Australia that is, or that the Secretary is satisfied will be, owned by either or both of those persons, a dwelling‑house that has since that date been completed or on which substantial building progress has been made; (g) the person is not an undischarged bankrupt; and (h) the person is not serving a term of imprisonment for an offence against the law of the Commonwealth or of a State or Territory. (2) For the purposes of subparagraph (ii) of paragraph (d) of the last preceding subsection, any savings held by the spouse of a person (other than savings held jointly with the person) shall be disregarded if, apart from that paragraph, the spouse would not himself or herself be an eligible person.
Subject to section 14E, a person is an eligible person for the purposes of this Act if: (a) the person is a widower or widow who has a dependent child or dependent children or had such a child or children at the prescribed date; (b) the person had not, before the prescribed date, attained the age of thirty‑six years; (c) the person: (i) was an Australian citizen throughout the period of three years immediately preceding the prescribed date; or (ii) resided in Australia throughout that period; (d) the Secretary is satisfied that the person held acceptable savings throughout the period of three years immediately preceding the prescribed date; (e) a grant under this Act has not been made to the person, or to a deceased spouse or former spouse of the person during his or her marriage to the person; (f) the person has, or the person and a child or children of the person or of a deceased spouse of the person have, on or after 28 November 1966, and while the person was a widower or widow: (i) entered into a contract for the purchase of a dwelling‑house situated in Australia, or for the construction by a building‑contractor, on land situated in Australia that is, or that the Secretary is satisfied will be, owned by the person or by the person and the child or children, of a dwelling‑house the construction of which commenced on or after that date; or (ii) commenced to construct, otherwise than through a building‑contractor, on land situated in Australia that is, or that the Secretary is satisfied will be, owned by the person or by the person and the child or children, a dwelling‑house that has since that date been completed or on which substantial building progress has been made; (g) the person is not an undischarged bankrupt; and (h) the person is not serving a term of imprisonment for an offence against a law of the Commonwealth or of a State or Territory.
(1) This section applies to a person who is an eligible person by virtue of the last preceding section. (2) The Secretary may treat any land or dwelling‑house that has been purchased, or is owned, by a person to whom this section applies jointly with a child or children of the person or of a deceased spouse of the person as having been purchased, or as being owned, as the case may be, by the person alone. (3) Section 15 applies in relation to a person to whom this section applies as if the reference in that section to the year 1964 were a reference to the year 1967. (4) Subsections (1) and (2) of section 16 apply in relation to a person to whom this section applies as if each reference in those subsections to the year 1964 were a reference to the year 1967. (5) Subsection (3) of section 16 does not apply in relation to a person to whom this section applies but, for the purposes of this Act, the acceptable savings of such a person (being a person in relation to whom the prescribed date is a date later than 31 December 1967) as at a time (in this subsection referred to as the relevant time) after 31 December 1967, are, subject to this Act, the moneys that were saved in Australia before the relevant time by the person and: (a) were maintained at the relevant time by the person on deposit (other than a deposit in an account that may be drawn on by cheque) with a branch in Australia of a savings bank or fixed deposit with a branch in Australia of a trading bank, being a deposit that was described in the books or records of the savings bank or the trading bank, as the case may be, as a Home Savings Account or was described in those books or records in any other way that indicated that the moneys were for use in connexion with the purchase or construction of a dwelling‑house; (b) were maintained at the relevant time by the person on deposit with a building society; or (c) were paid before the relevant time by the person to a building society as subscriptions in respect of shares in the capital of the society and were not repaid before that time. (6) In respect of a person to whom this section applies and in relation to whom the prescribed date is a date later than 26 October 1969, paragraph (a) of the last preceding subsection has effect as if the words “, being a deposit that was described in the books or records of the savings bank or the trading bank, as the case may be, as a Home Savings Account or was described in those books or records in any other way that indicated that the moneys were for use in connexion with the purchase or construction of a dwelling‑house” were omitted. (7) Section 20 has effect in relation to a person to whom this section applies as if paragraph (c) of subsection (2) and subsection (6) were omitted. (8) A grant under this Act shall not be made to a person to whom this section applies in respect of a dwelling‑house if the person or his or her deceased spouse, or the person and his or her deceased spouse, had during their marriage, or the person has since he or she became a widower or widow: (a) owned another dwelling‑house; or (b) been a party or parties to a contract, other than a contract that was discharged (otherwise than by performance of the contract) before the expiration of three months after it was entered into, for the purchase of another dwelling‑house, being a contract that provided for the payment of the purchase price or part of the purchase price by instalments; unless the Secretary is satisfied that it would be unreasonable to regard the other dwelling‑house as, or as suitable for the purpose of constituting, the family home of the person and his or her dependent child or dependent children.
Subject to section 14E, a person is an eligible person for the purposes of this Act if: (a) the person is a divorced person who has a dependent child or dependent children or had such a child or children at the prescribed date; (b) the person had not, before the prescribed date, attained the age of thirty‑six years; (c) the person: (i) was an Australian citizen throughout the period of three years immediately preceding the prescribed date; or (ii) resided in Australia throughout that period; (d) the Secretary is satisfied that, throughout the period of three years immediately preceding the prescribed date, acceptable savings were held by the person or by the person jointly with his or her former spouse; (e) a grant under this Act has not been made to the person or to a former spouse of the person during his or her marriage to the person; (f) the person has, or the person and a child or children of the person or of a former spouse of the person have, on or after 27 October 1969, and while the person was a divorced person: (i) entered into a contract for the purchase of a dwelling‑house situated in Australia, or for the construction by a building‑contractor, on land situated in Australia that is, or that the Secretary is satisfied will be, owned by the person or by the person and the child or children, of a dwelling‑house the construction of which commenced on or after that date; or (ii) commenced to construct, otherwise than through a building‑contractor, on land situated in Australia that is, or that the Secretary is satisfied will be, owned by the person or by the person and the child or children, a dwelling‑house that has since that date been completed or on which substantial building progress has been made; (g) the person is not an undischarged bankrupt; and (h) the person is not serving a term of imprisonment for an offence against a law of the Commonwealth or of a State or Territory.
(1) This section applies to a person who is an eligible person by virtue of the last preceding section. (2) The Secretary may treat any land or dwelling‑house that has been purchased, or is owned, by a person to whom this section applies jointly with a child or children of the person or of a former spouse of the person as having been purchased, or as being owned, as the case may be, by the person alone. (3) Section 15 applies in relation to a person to whom this section applies as if the reference in that section to the year 1964 were a reference to the year 1970. (4) Subsections (1) and (2) of section 16 apply in relation to a person to whom this section applies as if each reference in those subsections to the year 1964 were a reference to the year 1970. (5) Subsection (3) of section 16 does not apply in relation to a person to whom this section applies but, for the purposes of this Act, the acceptable savings of such a person (being a person in relation to whom the prescribed date is a date later than 31 December 1970) as at a time (in this subsection referred to as the relevant time) after 31 December 1970, are, subject to this Act, the moneys that were saved in Australia before the relevant time by the person and: (a) were maintained at the relevant time by the person on deposit (other than a deposit in an account that may be drawn on by cheque) with a branch in Australia of a savings bank or on fixed deposit with a branch in Australia of a trading bank; (b) were maintained at the relevant time by the person on deposit with a building society; or (c) were paid before the relevant time by the person to a building society as subscriptions in respect of shares in the capital of the society and were not repaid before that time. (6) Section 20 has effect in relation to a person to whom this section applies as if paragraph (c) of subsection (2) and subsection (6) were omitted. (7) A grant under this Act shall not be made to a person to whom this section applies in respect of a dwelling‑house if the person, or the person and his or her former spouse, had during their marriage, or the person has since the dissolution of his or her marriage: (a) owned another dwelling‑house; or (b) been a party or parties to a contract, other than a contract that was discharged (otherwise than by performance of the contract) before the expiration of three months after it was entered into, for the purchase of another dwelling‑house, being a contract that provided for the payment of the purchase price or part of the purchase price by instalments; unless the Secretary is satisfied that it would be unreasonable to regard the other dwelling‑house as, or as suitable for the purpose of constituting, the family home of the person and his or her dependent child or dependent children.
(1) Notwithstanding sections 14, 14A and 14C: (a) a person is not an eligible person for the purposes of this Act if the date that would be the prescribed date in relation to the person if he were an eligible person is a date later than 31 December 1976; and (b) in the case of a person in relation to whom the prescribed date would be later than 21 August 1976—the person is not an eligible person unless acceptable savings were held by the person or his or her spouse, or by the person jointly with his or her spouse, throughout the period that commenced on 21 August 1973 and ended immediately before the prescribed date. (2) For the purposes of the application of paragraph (1)(b) in determining whether a married person is an eligible person for the purposes of this Act, any savings held by the spouse of the person (other than savings held jointly with the person) shall be disregarded unless the requirements of paragraphs 14(1)(b), (c), (e), (g) and (h) would be satisfied in relation to the spouse if the references in those paragraphs to the person were references to the spouse.
(1) This section applies to an eligible person in relation to whom the prescribed date is a date not later than 31 December 1964. (2) For the purposes of this Act, the acceptable savings of a person to whom this section applies as at a time before the prescribed date are, subject to this Act, the moneys that were saved in Australia before that time by the person and were held at that time in Australia by the person, or by the person jointly with his or her spouse, whether in the form of an investment or otherwise. (3) For the purposes of this Act, the acceptable savings of a person to whom this section applies as at the prescribed date are, subject to this Act, the moneys that were saved in Australia before that date by the person and: (a) were maintained at that date by the person, or by the person jointly with his or her spouse, on deposit with a branch in Australia of a savings bank or of a trading bank; (b) were maintained at that date by the person, or by the person jointly with his or her spouse, on deposit with a building society, friendly society or credit union; or (c) were paid before that date by the person or his or her spouse, or by both of those persons, to a building society as subscriptions in respect of shares in the capital of the society and were not repaid before that date.
(1) This section applies to an eligible person in relation to whom the prescribed date is a date later than 31 December 1964. (2) For the purposes of this Act, the acceptable savings of a person to whom this section applies as at a time on or before 31 December 1964, are, subject to this Act, the moneys that were saved in Australia before that time by the person and were held at that time in Australia by the person, or by the person jointly with his or her spouse, whether in the form of an investment or otherwise. (3) For the purposes of this Act, the acceptable savings of a person to whom this section applies as at a time after 31 December 1964, are, subject to this Act, the moneys that were saved in Australia before that time by the person and: (a) if that time was a time on or before 31 December 1967: (i) were maintained at that time and at 31 December 1964, by the person, or by the person jointly with his or her spouse, on deposit with a branch in Australia of a savings bank or of a trading bank, not being a deposit of a kind to which subparagraph (i) of the next succeeding paragraph applies; or (ii) were maintained at that time and at 31 December 1964, by the person, or by the person jointly with his or her spouse, on deposit with a friendly society or credit union; or (b) if that time was a time on or before, or was a time after, 31 December 1967: (i) were maintained at that time by the person, or by the person jointly with his or her spouse, on deposit (other than a deposit in an account that may be drawn on by cheque) with a branch in Australia of a savings bank or on fixed deposit with a branch in Australia of a trading bank, being a deposit that was described in the books or records of the savings bank or the trading bank, as the case may be, as a Home Savings Account or was described in those books or records in any other way that indicated that the moneys were for use in connexion with the purchase or construction of a dwelling‑house; (ii) were maintained at that time by the person, or by the person jointly with his or her spouse, on deposit with a building society; or (iii) were paid before that time by the person or his or her spouse, or by both of those persons, to a building society as subscriptions in respect of shares in the capital of the society and were not repaid before that time. (4) In respect of a person in relation to whom the prescribed date is a date later than 26 October 1969, subparagraph (i) of paragraph (b) of the last preceding subsection has effect as if the words “, being a deposit that was described in the books or records of the savings bank or the trading bank, as the case may be, as a Home Savings Account or was described in those books or records in any other way that indicated that the moneys were for use in connexion with the purchase or construction of a dwelling‑house” were omitted.
The acceptable savings of a person as at any time include moneys saved in Australia by the person and maintained at that time by the person, or by the person jointly with his or her spouse, on deposit with: (a) in the case of a person in relation to whom the prescribed date is a date earlier than 1 April 1976—a credit union that was an approved credit union for the purposes of this Act at that time or on the date that is the prescribed date in relation to the person; or (b) in any other case—any credit union.
(1) For the purpose of determining the acceptable savings of an eligible person as at any time (in this subsection referred to as the relevant time), where moneys saved in Australia by the eligible person were expended before the relevant time in payment of the whole or a part of the purchase price in respect of the purchase by the eligible person or his or her spouse, or by both of those persons, of land that could, at the time when the moneys were expended, lawfully be used for residential purposes and is not land on which there has been, is being or is to be constructed a dwelling‑house in respect of which an application for a grant under this Act has been made by the eligible person and: (a) the eligible person or his or her spouse has, or both of those persons have, before 1 July 1965, or the expiration of six months after the prescribed date, whichever is the later, become entitled to receive a refund of the whole or a part of the moneys expended but had not, before the relevant time, received the whole of that refund; or (b) the eligible person or his or her spouse has, or both of those persons have, before 1 July 1965, or the expiration of six months after the prescribed date, whichever is the later, entered into a contract for the sale of the land but had not, before the relevant time, received the whole of the moneys that were payable to either or both of them in respect of the sale; the Secretary may, having regard to the area and the number of separate parcels of the land and the amount (if any) received by the eligible person before the relevant time as a refund of the moneys expended or in respect of the sale of the land, treat the acceptable savings of the eligible person as at that time as having included the whole, or such part as the Secretary thinks reasonable, of the moneys expended. (2) A reference in the last preceding subsection to the purchase or sale by a person of land shall be read as a reference to the purchase or sale, as the case may be, of any estate or interest in the land by the person, otherwise than as a trustee, or by another person as trustee for the first‑mentioned person.
For the purpose of determining the acceptable savings of an eligible person as at any time, where any moneys that were saved in Australia by the person were expended before that time in connexion with the purchase or construction of a dwelling‑house in respect of which an application for a grant under this Act has been made by the person, the Secretary: (a) shall treat the acceptable savings of the person as at that time as including so much of those moneys as were expended: (i) in the payment of the whole or a part of the purchase price of the land on which the dwelling‑house has been constructed or commenced to be constructed; (ii) in the payment of a deposit in respect of the purchase or construction of the dwelling‑house; or (iii) in the purchase of materials to be used in the construction of the dwelling‑house; and (b) may treat the acceptable savings of the person as at that time as including the whole or any part of the remainder of those moneys.
For the purposes of this Act, the acceptable savings of a person as at a time when the person was serving outside Australia as a member of the Defence Force or was the spouse or a child under the age of twenty‑one years of a person who was so serving include any moneys that were saved by the person before that time and were held at that time outside Australia by the person, or by the person jointly with his or her spouse, in a form approved by the Secretary.
Where the Secretary is satisfied that: (a) a person has done an act or thing for the purpose of effecting the payment or expenditure of moneys by the person; and (b) after the doing of that act or thing, the moneys have been so paid or expended; the Secretary may, for the purposes of this Act, treat the moneys as having been paid or expended at the time of the doing of that act or thing.
Where, during a period of not more than thirty days, a person ceased to hold acceptable savings, or the acceptable savings of a person were less than they would otherwise have been, by reason of the transfer of all or any of the savings of the person from one place to another place or from one form of savings into another form or for any other reason, the Secretary may, in his discretion, treat the person as having held throughout that period acceptable savings equal to whichever is the lesser of the following amounts, that is to say, the acceptable savings that the person held immediately before the commencement of that period or the acceptable savings that the person held immediately after the expiration of that period.
(1) This section applies to an eligible person who is an eligible person by virtue of section 14 or section 14C. (2) Where moneys were held, maintained on deposit or paid at any time (whether before or after the commencement of the Homes Savings Grant Act 1970) jointly by a person, being a person to whom this section applies, and his or her spouse, then, for the purposes of this Act, one‑half of the moneys shall be deemed to have been held, maintained or paid, as the case may be, at that time by the eligible person and one‑half by his or her spouse.
(1) A reference in this Act other than section 17 to the purchase or ownership by a person of land or of an undivided share in land shall be read as a reference to the purchase or ownership, as the case may be, by the person, otherwise than as a trustee, of an approved interest in the land or in an undivided share in the land. (2) A reference in this Act to the purchase or ownership of a dwelling‑house by a person shall: (a) in the case of a dwelling‑house not being a dwelling‑house of a kind commonly known as a flat or home unit, be read as a reference to the purchase or ownership, as the case may be, by the person, otherwise than as a trustee, of the land on which the dwelling‑house is erected; and (b) in the case of a dwelling‑house being a dwelling‑house of a kind commonly known as a flat or home unit, be read as a reference to the purchase or ownership, as the case may be, by the person, otherwise than as a trustee, of: (i) an approved interest in the flat or home unit in pursuance of a law of a State or internal Territory that enables the holding or enjoyment by different persons of proprietary rights in respect of different flats or home units contained in the one building; (ii) shares in the capital of a company that is the owner of the land on which the building containing the flat or home unit is erected, being shares that entitle the holder to a right of occupancy (whether under a lease or otherwise) in respect of the flat or home unit; or (iii) if the person is the owner of an undivided share in the land on which the building containing the flat or home unit is erected and, by virtue of an agreement between the person and all the other owners of undivided shares in that land, the person is entitled to a right of occupancy in respect of the flat or home unit—the undivided share in that land of the person. (3) For the purposes of this section: (a) the purchase of an interest in land, in an undivided share in land or in a flat or home unit, being an interest that, together with an interest already owned by the purchaser or his or her spouse, or by both of those persons, constitutes an approved interest in the land, in an undivided share in the land or in the flat or home unit, as the case may be, shall be deemed to be the purchase of such an approved interest; and (b) the purchase of an interest in shares in the capital of a company, being shares that entitle the holder to a right of occupancy in respect of a flat or home unit, shall, if all other interests in those shares are already owned by the purchaser or his or her spouse, or by both of those persons, be deemed to be the purchase of those shares. (4) For the purposes of this section: (a) the purchase or ownership of an approved interest in land by a person (in this subsection referred to as the relevant person) jointly with another person; or (b) the purchase or ownership of an undivided share in an approved interest in land by a person (in this subsection also referred to as the relevant person); being land in respect of which the relevant person is entitled to a right of occupancy, shall, if the Secretary in his discretion so determines, be treated as if it were the purchase or ownership, as the case may be, of that approved interest in the land by the relevant person.
(1) Subject to this section, the Secretary may, in his discretion, on behalf of the Commonwealth, make a grant of moneys in accordance with this Act to an eligible person. (1A) A grant under this Act shall not be made to an eligible person unless he became an eligible person before the expiration of twelve months after the prescribed date or before such later time as the Secretary, in special circumstances, allows. (2) A grant under this Act shall not be made to an eligible person in respect of a dwelling‑house: (a) unless the Secretary is satisfied, before the expiration of twelve months after the prescribed date or before such later time as the Secretary, in special circumstances, allows, that the eligible person or his or her spouse has or will have, or both the eligible person and his or her spouse have or will have, as the case may be, adequate financial resources (including resources obtained or to be obtained by borrowing) to perform the contract entered into by either or both of them for the purchase or construction of the dwelling‑house or to complete the construction of the dwelling‑house, as the case may be; (b) unless the amount that the Secretary is satisfied is the value of the dwelling‑house, or will be the value of the dwelling‑house when it is erected, does not exceed: (i) if the prescribed date in relation to the eligible person is a date that is not later than 27 November 1966—Fourteen thousand dollars; (ii) if the prescribed date in relation to the eligible person is a date that is later than 27 November 1966, but is not later than 26 October 1969—Fifteen thousand dollars; (iii) if the prescribed date in relation to the eligible person is a date that is later than 26 October 1969, but is not later than 15 August 1972—Seventeen thousand five hundred dollars; or (iv) in any other case—Twenty‑two thousand five hundred dollars; (c) if the eligible person or his or her spouse has, or the eligible person and his or her spouse have, during their marriage: (i) owned another dwelling‑house; or (ii) been a party or parties to a contract, other than a contract that was discharged (otherwise than by performance of the contract) before the expiration of three months after it was entered into, for the purchase of another dwelling‑house, being a contract that provided for the payment of the purchase price or part of the purchase price by instalments; or (e) in the case of a grant in respect of the purchase of a dwelling‑house, if the Secretary is satisfied that: (i) any moneys will, upon completion of the purchase, be owing by the purchaser to a State or a State authority in respect of a loan in connexion with the purchase made in whole or in part out of Commonwealth‑State Housing Agreement moneys; (iA) a loan has been made to the purchaser by a State or a State authority in connexion with the purchase and the payments in respect of that loan are, by reason of a grant of financial assistance to the State to which subsection (2) of section 8 of the States Grants (Housing) Act 1971 applies, less than they would otherwise have been; (ii) where the dwelling‑house is being purchased from a State or a State authority—the dwelling‑house was constructed by or for the State or the same or another State authority and the cost of construction was paid for in whole or in part out of Commonwealth‑State Housing Agreement moneys; (iiA) the dwelling‑house is being purchased from a State or a State authority under a contract that provides for the payment of the purchase price or part of the purchase price by instalments and the payments under the contract are, by reason of the grant of financial assistance to the State under section 5 of the States Grants (Housing) Act 1971, less than they would otherwise have been; (iii) where the dwelling‑house is situated in the Australian Capital Territory—the dwelling‑house is being purchased from the Commonwealth or any moneys will, upon completion of the purchase, be owing by the purchaser to the Commonwealth in connexion with the purchase; or (iv) where the dwelling‑house is situated in the Northern Territory—the dwelling‑house is being purchased from the Commonwealth or the Housing Commission of that Territory or any moneys will, upon completion of the purchase, be owing by the purchaser to the Commonwealth or that Housing Commission in connexion with the purchase. (3) Paragraph (a) of the last preceding subsection does not apply in relation to an eligible person where the person or his or her spouse, or the person together with his or her spouse, has entered into a contract for the purchase of the dwelling‑house, being a contract that provides for the payment of the purchase price or part of the purchase price by instalments, and the Secretary is satisfied that it would be unreasonable for that paragraph to apply having regard to all the circumstances. (4) For the purposes of paragraph (b) of subsection (2), the value of a dwelling‑house is the value: (a) in the case of a dwelling‑house not being a dwelling‑house of a kind commonly known as a flat or home unit—of the approved interest owned or to be owned by the eligible person or his or her spouse, or by both of those persons, in the land on which the dwelling‑house is, or is being, erected having regard to the dwelling‑house and any other improvements that are, or are being, made to that land; and (b) in the case of a dwelling‑house being a dwelling‑house of a kind commonly known as a flat or home unit: (i) of the approved interest owned or to be owned by the eligible person or his or her spouse, or by both of those persons, in the flat or home unit; (ii) of the shares owned or to be owned by the eligible person and his or her spouse, or by both of those persons, in the capital of a company that is the beneficial owner of an approved interest in the land on which the building containing the flat or home unit is, or is being, erected, being shares that entitle the holder to a right of occupancy (whether under a lease or otherwise) in respect of the flat or home unit; or (iii) of the undivided share owned or to be owned by the eligible person or his or her spouse, or by both of those persons, in an approved interest in the land on which the building containing the flat or home unit is, or is being, erected having regard to the building and any other improvements that are, or are being, made to that land; as the case may be. (4A) In satisfying himself for the purposes of paragraph (b) of subsection (2) as to the value of a dwelling‑house, the Secretary may have regard to such matters as he thinks fit, including: (a) in the case of a dwelling‑house not being a dwelling‑house of a kind commonly known as a flat or home unit—the cost to the eligible person and his or her spouse of: (i) the approved interest in the land on which the dwelling‑house is, or is being, erected; and (ii) the dwelling‑house and other improvements that are, or are being, made to that land; and (b) in the case of a dwelling‑house being a dwelling‑house of a kind commonly known as a flat or home unit—the cost to the eligible person and his or her spouse of: (i) the approved interest in the flat or home unit; (ii) the shares in the capital of a company that entitle the holder to a right of occupancy in respect of the flat or home unit; or (iii) the undivided share in an approved interest in the land on which the building containing the flat or home unit is, or is being, erected; as the case may be. (5) A reference in either of the last two preceding subsections to land on which a dwelling‑house is, or is being, erected includes a reference to the land comprising the curtilage of the dwelling‑house but does not include a reference to any part of the land or dwelling‑house that the Secretary is satisfied is not, or will not be, used by the eligible person and his or her spouse as a dwelling‑house or for purposes connected with the use by those persons of the dwelling‑house as a dwelling‑house. (6) Paragraph (c) of subsection (2) does not apply in relation to a dwelling‑house if the Secretary is satisfied that it would be unreasonable to regard the dwelling‑house as, or as suitable for the purpose of constituting, the matrimonial home of the eligible person and his or her spouse. (7) Paragraph (e) of subsection (2) does not apply in relation to an eligible person in relation to whom the prescribed date is a date not earlier than 1 April 1976.
(1) Subject to the next succeeding subsection, where the spouse of a person has died on or after the prescribed date, the Secretary may make a grant under this Act to the person of an amount not exceeding the total of the amounts of the grants that he could have made to the person and the spouse of the person if the spouse had not died. (2) The last preceding subsection does not apply unless the Secretary is satisfied that the dwelling‑house in respect of which the grant is made is or will be owned by the person to whom the grant is made or by that person jointly with a child or children of the person or of his or her deceased spouse. (3) Where a grant is made in accordance with this section to a person who is not an eligible person, sections 23 and 24 have effect as if the person were an eligible person.
(1) An application for a grant under this Act in respect of a dwelling‑house: (a) shall be in writing in accordance with a form made available by the Secretary; and (b) shall be furnished to the Regional Director for the State or internal Territory in which the dwelling‑house is, or is to be, situated before the expiration of twelve months after the prescribed date or before such later time as the Secretary in special circumstances allows. (1A) Where, in pursuance of subsection (1A) of section 20, the time before which a person is required to become an eligible person (in this subsection referred to as the extended time) is a time later than one year after the prescribed date, an application by that person for a grant under this Act may be furnished to the appropriate Regional Director at any time before the extended time. (1B) An applicant for a grant under this Act shall furnish to the Regional Director to whom the application for the grant is furnished such declarations and other documents as the Secretary requires. (1C) An application for a grant under this Act may be made by a person to whom section 20A applies notwithstanding that the person is not an eligible person. (1D) Notwithstanding the foregoing provisions of this section, a grant shall not be made to a person under this Act if the application for the grant is furnished after the day on which the Home Deposit Assistance Act 1982 receives the Royal Assent. (2) For the purposes of this section: (a) the Northern Territory shall be deemed to be part of the State of South Australia; and (b) the City of Queanbeyan in the State of New South Wales shall be deemed to be part of the Australian Capital Territory.
(1) Subject to subsection (2), the amount of a grant under this Act to an eligible person in relation to whom the prescribed date is a date not later than 31 December 1964, shall not exceed an amount equal to one‑third of the amount remaining after deducting from the total of: (a) any acceptable savings of the person as at a date three years before the prescribed date; and (b) the sum of any increases in acceptable savings of the person in savings years of that person; the sum of any decreases in acceptable savings of the person in those savings years. (1A) Subject to subsection (2), the amount of a grant under this Act to an eligible person in relation to whom the prescribed date is a date later than 31 December 1964, but not later than 30 April 1967, shall not exceed an amount equal to one‑third of the amount remaining after deducting from the total of: (a) any acceptable savings of the person as at a date three years before the prescribed date; and (b) the sum of any adjusted increases in acceptable savings of the person in savings years of that person; the sum of any adjusted decreases in acceptable savings of the person in those savings years. (1B) Subject to the next two succeeding subsections, the amounts of the grants under this Act to an eligible person and his or her spouse, being persons in relation to whom the prescribed date is a date later than 30 April 1967, shall not exceed, in the aggregate, an amount equal to one‑third of the amount remaining after deducting from the total of: (a) any acceptable savings of those persons as at a date three years before the prescribed date; and (b) the sum of any adjusted increases in acceptable savings of those persons in savings years of those persons; the sum of any adjusted decreases in acceptable savings of those persons in those savings years. (2) The amounts of any grants under this Act to an eligible person and his or her spouse shall not exceed, in the aggregate: (a) if the prescribed date in relation to the eligible person is a date that is not later than 15 August 1972—Five hundred dollars; or (b) in any other case—Seven hundred and fifty dollars. (2A) Where, apart from this subsection, the amounts of any grants under this Act to an eligible person and his or her spouse, being persons in relation to whom subsection (1B) applies, would, in the aggregate, be less than Ten dollars, a grant shall not be made under this Act to either of those persons. (3) For the purposes of this section, a savings year, in relation to an eligible person or in relation to an eligible person and his or her spouse, is any of the three years immediately preceding the prescribed date. (4) For the purposes of this section: (a) an increase in acceptable savings of an eligible person occurs in a savings year if the acceptable savings of the person as at the end of that year are greater than the acceptable savings of the person as at the commencement of that year; and (b) the amount of the increase is the amount by which the acceptable savings as at the end of that year are greater than the acceptable savings as at the commencement of that year. (5) For the purposes of this section: (a) a decrease in acceptable savings of an eligible person occurs in a savings year if the acceptable savings of the person as at the end of that year are less than the acceptable savings of the person as at the commencement of that year; and (b) the amount of the decrease is the amount by which the acceptable savings as at the end of that year are less than the acceptable savings as at the commencement of that year. (6) A reference in this section to an adjusted increase in acceptable savings of an eligible person, in relation to a savings year, shall be read as a reference to an increase in acceptable savings of the person in that year reduced, if any excess savings of the person occurred in that year, by the amount of those excess savings. (7) A reference in this section to an adjusted decrease in acceptable savings of an eligible person, in relation to a savings year, shall be read as a reference to a decrease in acceptable savings of the person in that year reduced, if there were any excess savings of the person in preceding savings years that are not required by this subsection to be taken into account in ascertaining adjusted decreases in acceptable savings of the person in relation to any of those preceding savings years, by so much of those excess savings as does not exceed the decrease in acceptable savings of the person in the first‑mentioned savings year. (8) For the purposes of the application of this section in relation to a savings year that commenced or commences on or after 1 May 1966, subsections (4), (5), (6) and (7) have effect as if the references in those subsections to an eligible person were references to the eligible person and his or her spouse. (9) For the purposes of this section: (a) excess savings of an eligible person shall not be taken to have occurred in a savings year that commenced before 1 January 1965; (b) in the case of a savings year that commenced on or after 1 January 1965, but before 1 May 1966—excess savings of an eligible person shall be taken to have occurred in that savings year if there was an increase in acceptable savings of the person in that savings year exceeding Five hundred dollars, and the amount of the excess savings is the amount by which that increase exceeded Five hundred dollars; and (c) in the case of a savings year that commenced or commences on or after 1 May 1966: (i) excess savings of an eligible person (being an eligible person in relation to whom the prescribed date is a date not later than 15 August 1972) and his or her spouse shall be taken to have occurred if there was an increase in acceptable savings of the person and his or her spouse in that savings year exceeding Six hundred dollars, and the amount of the excess savings is the amount by which that increase exceeded Six hundred dollars; and (ii) excess savings of any other eligible person and his or her spouse shall be taken to have occurred if there was an increase in acceptable savings of the person and his or her spouse in that savings year exceeding Nine hundred dollars, and the amount of the excess savings is the amount by which that increase exceeded Nine hundred dollars. (10) A reference in this section to the spouse of an eligible person does not include a reference to a spouse who is not himself or herself an eligible person. (11) Where an application for a grant under this Act has been made, or any documents furnished by an applicant for such a grant have been prepared, on the basis that the prescribed date of an eligible person is a date (in this subsection referred to as the assumed date) that is earlier or later, but not more than fourteen days earlier or later, than the date that is the prescribed date of that person, the Secretary may, in his discretion, direct that this section shall apply in relation to the eligible person as if the references in paragraph (a) of subsection (1), paragraph (a) of subsection (1A), paragraph (a) of subsection (1B) and subsection (3) to the prescribed date were references to the assumed date. (12) Subsection (11) does not apply in relation to an application for a grant under this Act where the date that is the assumed date for the purposes of that subsection is later than 31 December 1976.
(1) A grant under this Act to an eligible person shall be paid at such time as the Secretary determines. (2) A grant to an eligible person shall be paid to the eligible person or, if the eligible person so requests in writing and the Secretary approves, to another person nominated by the eligible person. (3) A grant paid in accordance with a request under the last preceding subsection to a person other than the eligible person shall, for the purposes of this Act, be deemed to have been paid to the eligible person.
(1) This section applies where a grant under this Act has been paid to an eligible person in respect of a dwelling‑house the purchase of which had not been completed, or the construction of which had not been completed, at the time when the application for the grant was made. (1A) Where: (a) in the case of a dwelling‑house the purchase of which had not been completed at the time when the application for the grant was made: (i) the purchase of the dwelling‑house is not completed within three months after the date specified in the application for the grant as the date on which it was expected that the purchase would be completed or, if no date was so specified, within three months after the date of payment of the grant; or (ii) the contract for the purchase of the dwelling‑house is discharged otherwise than by performance of the contract; or (b) in the case of a dwelling‑house the construction of which had not been completed at the time when the application for the grant was made: (i) the construction of the dwelling‑house is not completed within six months after the date specified in the application for the grant as the date on which it was expected that the construction would be completed or, if no date was so specified, within six months after the date of payment of the grant; (ii) if the dwelling‑house was being, or was to be, constructed by a building‑contractor—the contract for the construction of the dwelling‑house is discharged otherwise than by performance of the contract; or (iii) the eligible person or his or her spouse does not become the owner, or the eligible person and his or her spouse do not become the owners, of the land on which the dwelling‑house was being, or was to be, constructed before the expiration of twelve months after the prescribed date; the eligible person and his or her spouse shall forthwith notify the Secretary in writing of that fact.
Penalty: One hundred dollars.
(1B) Subsection (1A) is an offence of strict liability. (2) Upon the occurrence of any of the circumstances referred to in paragraph (a) or (b) of the last preceding subsection, the Secretary may require the eligible person or his or her spouse or both of those persons, by notice in writing served by post on the person or persons at the last known address or addresses of the person or persons, to pay to the Commonwealth an amount equal to the amount of the grant and, in that case, the amount so payable is recoverable by the Commonwealth in a court of competent jurisdiction from the person, or jointly or severally from the persons, as a debt due to the Commonwealth.
Grants under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
(1) A person shall not: (a) make, whether orally or in writing, a false or misleading statement: (i) in connexion with, or in support of, an application for a grant under this Act; or (ii) with intent to deceive an officer exercising powers or performing duties or functions, in relation to this Act; (b) obtain payment of a grant under this Act that is not payable; (c) obtain payment of a grant under this Act by means of a false or misleading statement or by means of impersonation or a fraudulent device; or (d) make or present to an officer a statement or document that is false or misleading in a material particular.
Penalty: One hundred dollars or imprisonment for six months.
(2) Where a person is convicted of an offence against the last preceding subsection, the court may, in addition to imposing a penalty in respect of the offence, order him to pay to the Commonwealth an amount equal to the amount of any grant under this Act paid in consequence of the act, failure or omission in respect of which he was convicted. (3) Where a court has made an order under the last preceding subsection, a certificate under the hand of the appropriate officer of the court specifying the amount ordered to be paid and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgment of that court.
(1) Where a notice of the withdrawal of the approval of a credit union for the purposes of this Act has been served on the credit union, the credit union shall: (a) within fourteen days after the date of service of the notice of withdrawal, give a prescribed notice to every person who was a member of the credit union at that date or, not being a member, had applied for membership on or before that date; and (b) give a prescribed notice to every person who applies for membership after that date and before the withdrawal takes effect. (2) A credit union that is not an approved credit union for the purposes of this Act, or an officer or member of such a credit union, shall not directly or indirectly represent or advertise that the credit union is an approved credit union for those purposes. (3) If the approval of a credit union for the purposes of this Act is withdrawn, the credit union, or an officer or member of the credit union, shall not, during the period of six months after the date of the withdrawal, directly or indirectly represent or advertise that the credit union is an approved credit union for the purposes of this Act. (3A) Subsections (1), (2) and (3) are offences of strict liability. (4) For the purposes of this section, a prescribed notice is a notice stating that the approval of the credit union for the purposes of this Act has been withdrawn and specifying the date on which the withdrawal is to take effect.
Penalty: Five hundred dollars.
(1) Proceedings for an offence against this Act or the regulations may be commenced at any time within three years after the commission of the offence. (2) Offences against this Act or the regulations shall not be prosecuted without the written consent of the Minister, the Secretary or a person authorized in writing by the Secretary to consent to prosecutions for such offences.
Where an amount of a grant under this Act has been paid to a person in consequence of a false or misleading statement or representation made by the person or his or her spouse or a failure or omission by either or both of those persons to comply with a provision of this Act, an amount equal to the amount so paid is recoverable by the Commonwealth in a court of competent jurisdiction from those persons jointly or severally as a debt due to the Commonwealth.
(1) Where the Secretary or a Regional Director has reason to believe that a person is in possession of any information in relation to any matter that might affect the payment of a grant under this Act to any other person, he may, by notice in writing served by post on the person at the last known address of the person, require the person to furnish to him a confidential report relating to that matter. (2) A person on whom a notice is so served shall furnish a report in accordance with the notice within fourteen days after the notice is served and shall not furnish a report that is false or misleading in a material particular.
Penalty: Forty dollars.
Nothing contained in any law of a State or internal Territory operates so as to prevent a person from furnishing any information, or making any books, documents or papers available, to the Secretary or to an officer for the purposes of this Act.
(1) The Secretary may by instrument in writing: (a) create offices for the purposes of this section; and (b) appoint persons to those offices. (2) All courts shall take judicial notice of the signature of any person: (a) who holds or has held the office of Secretary; or (b) who holds or has held an office under subsection (1); and of the fact that that person holds or has held that office, if the signature purports to be attached or appended to an official document, and any such document purporting to be so signed is prima facie evidence in all courts of the facts and statements contained in the document. (3) A certificate in writing signed by a person who holds or has held an office referred to in subsection (2) certifying: (a) that assistance of a specified amount was paid to a specified person or to specified persons on a specified date; or (b) that a specified amount is the amount of assistance paid to a specified person or to specified persons in consequence of a specified act, failure or omission; is prima facie evidence in all courts of the matters certified.
A reference in this Act to the Secretary shall, in relation to the doing of any act or thing under this Act: (a) during the period commencing on 7 May 1982 and ending on 30 June 1982—be read as a reference to the Director‑General of Social Services or to a delegate of the Director‑General of Social Services; and (b) during the period commencing on 1 July 1982 and ending on 10 March 1983 —be read as a reference to the Director‑General of Social Security or to a delegate of the Director‑General of Social Security.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, prescribing penalties not exceeding a fine of One hundred dollars for offences against the regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Homes Savings Grant Act 1964.
This Act shall come into operation on the day on which it receives the Royal Assent.
Chapter 2 of the Criminal Code applies to all offences against this Act.
(1) In this Act, unless the contrary intention appears:
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;
(ea) an interest of the kind referred to in subsection (1) of section 4C; or
(f) 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 an 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 the State of New South Wales.
Commonwealth—State Housing Agreement moneys means moneys provided by the Commonwealth in pursuance of an Act relating to the grant of financial assistance to the States for the purpose of housing other than moneys that are required by the Act in pursuance of which they are provided to be used for the provision of finance for persons erecting or purchasing dwelling‑houses for their own use.
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 an 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 an internal Territory relating to such societies or bodies of persons.
dependent child, in relation to a person, means a child who is in the custody, care and control of the person, being a child:
(a) who is under the age of sixteen years; or
(b) who:
(i) has attained the age of sixteen years but is under the age of twenty‑one years;
(ii) is receiving full‑time education at a school, college or university; and
(iii) is wholly or substantially dependent on the person;
but does not include: (c) if the person is a widower or widow—a child who was not born of the person and his or her deceased spouse and whose custody, care and control were assumed by the person after the death of his or her spouse; and (d) if the person is a divorced person—a child who was not born of the person and his or her former spouse unless the child had been in the custody, care and control of those persons before the dissolution of their marriage.
friendly society means a society registered or incorporated under the law in force in a State or an internal Territory relating to friendly societies.
officer means a person exercising powers, or performing duties or functions, under or in relation to this Act.
savings bank means:
(a) a savings bank within the meaning of the Banking Act 1959;
(b) the 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 of the Department.
share, in relation to the capital of a building society, does not include a share in the capital of that society that is quoted for sale or purchase on a Stock Exchange.
State authority means a body corporate (not being a bank or an incorporated company, society or association) incorporated for a public purpose by or under a law of a State.
the prescribed date, in relation to an eligible person, means:
(a) in the case of a person who or whose spouse, or who together with his or her spouse, has entered into a contract for the purchase of a dwelling‑house situated in Australia:
(i) if the contract was in writing—the date of making of the contract; or
(ii) in any other case—such date as the Secretary determines;
(b) in the case of a person who or whose spouse, or who together with his or her spouse, has entered into a contract for the construction by a building‑contractor of a dwelling‑house on land situated in Australia that is, or that the Secretary is satisfied will be, owned by the person or his or her spouse or by both the person and his or her spouse:
(i) if the contract was in writing—the date of making of the contract or the date on which the construction of the dwelling‑house commenced, whichever was the earlier; or
(ii) in any other case—such date as the Secretary determines; or
(c) in the case of a person who or whose spouse, or who together with his or her spouse, has constructed or is constructing, otherwise than through a building‑contractor, a dwelling‑house on land situated in Australia that is, or that the Secretary is satisfied will be, owned by the person or his or her spouse or by both the person and his or her spouse—the date on which the construction of the dwelling‑house commenced.
trading bank means:
(a) a trading bank within the meaning of the Banking Act 1959;
(b) the Rural Bank of New South Wales;
(c) the 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.
(1A) For the purposes of the definition of dependent child in the last preceding subsection, a child shall be deemed to be in the custody, care and control of a person if the Secretary is satisfied that the child will be in the custody, care and control of the person after the completion of the purchase or construction of the dwelling‑house in respect of which the person has applied for a grant under this Act. (1B) A determination by the Secretary, by notice published in the Gazette, that a bank is a savings bank or a trading bank for the purposes of this Act may be expressed to have taken effect from a date before the date on which the determination is made (including a date before the commencement of this subsection) and, where a determination is so expressed to have taken effect from a date before the date on which the determination is made, the bank to which the determination relates shall be deemed for the purposes of this Act to have been a savings bank or a trading bank, as the case may be, on and from the date from which the determination is so expressed to have taken effect. (2) In this Act: (a) a reference, in relation to any time (in this paragraph referred to as the relevant time), to the spouse of an eligible person: (i) is a reference to the person who was the spouse of the eligible person at the prescribed date or became the spouse of the eligible person at a later date, whether or not he or she was the spouse of the eligible person at the relevant time; and (ii) in the case of an eligible person in relation to whom the prescribed date is a date later than 26 October 1969—includes, for the purpose of ascertaining the acceptable savings of the eligible person as at the relevant time, a reference to the person who was the spouse of the eligible person at the relevant time or became the spouse of the eligible person at a later time, notwithstanding that he or she subsequently ceased to be the spouse of the eligible person; and (b) a reference, in relation to any time (in this paragraph referred to as the relevant time), to a deceased spouse of an eligible person shall be read as a reference to any person who, at the time of his or her death, was the spouse of the eligible person, whether or not he or she was the spouse of the eligible person at the relevant time. (2A) For the purposes of this Act: (a) moneys saved at any time by a deceased spouse of a person shall be deemed to have been saved at that time by the person; (b) moneys held (whether in the form of an investment or otherwise), or paid or expended, at any time by a person jointly with a deceased spouse of the person shall be deemed to have been held, or paid or expended, as the case may be, at that time by the person alone; (c) moneys held (whether in the form of an investment or otherwise) at any time by a deceased spouse of a person shall be deemed to have been held at that time by the person; (d) where moneys that were held (whether in the form of an investment or otherwise) by a deceased spouse of a person at the time of his or her death are, by reason of the last preceding paragraph, to be deemed to have been held at that time by the person, the Secretary may treat those moneys as having continued, in whole or in part, to be held by that person for such period after that time as the Secretary thinks reasonable and as having continued to be so held in the same form as the form in which the moneys were held by the deceased spouse of the person at that time; and (e) moneys paid or expended at any time by a deceased spouse of a person shall be deemed to have been paid or expended, as the case may be, at that time by the person. (3) A reference in this Act to moneys saved by a person does not include a reference to moneys borrowed by the person. (4) For the purposes of this Act, a person shall be deemed not to have ceased to reside in Australia during any temporary absence from Australia. (5) For the purposes of this Act: (a) a person who has, whether before or after the commencement of this Act, saved moneys by depositing those moneys, and maintaining them on deposit, with a branch of a savings bank or of a trading bank in an external Territory, shall be deemed to have saved those moneys in Australia; and (b) a reference in this Act to a branch in Australia of a savings bank or of a trading bank shall, in relation to such a person, be read as including a reference to a branch of a savings bank or of a trading bank, as the case may be, in such a Territory. (5A) After the establishment of an independent sovereign state in the territories that constitute the Territory of Papua and the Territory of New Guinea, this Act applies in relation to the territories in which that independent sovereign state was established in like manner as it applied in relation to those territories before the establishment of that independent sovereign state. (6) For the purposes of this Act, a person shall be deemed not to have received a grant under this Act if the person or his or her spouse has paid to the Commonwealth, or the Commonwealth has recovered from the person or his or her spouse, an amount equal to the amount of the grant in pursuance of subsection (2) of section 24 or section 28, or of an order under subsection (2) of section 26. (6A) Where a person has entered into a contract for the purchase of a structure for removal to land situated in Australia, being a structure intended for use as a dwelling‑house on that land, then, for the purposes of this Act: (a) that contract and any other contract relating to the removal of that structure to, or its siting on, that land shall be deemed to be a contract for the construction by a building‑contractor of a dwelling‑house on that land; and (b) construction under that last‑mentioned contract shall be deemed to have commenced on the date on which the contract for the purchase of the structure was entered into. (7) For the purposes of this Act: (a) the construction of a dwelling‑house shall be deemed to have commenced on: (i) the day on which work commenced on the laying of the foundations of the dwelling‑house; or (ii) if the Secretary determines that, having regard to all the circumstances, the construction of the dwelling‑house should be treated as having commenced on a later day—that later day; and (b) the completion of the construction of a partly constructed dwelling‑house shall be deemed to have commenced on such date as the Secretary determines, having regard to all the circumstances, should be treated as the date on which that construction commenced to be completed. (8) Unless the contrary intention appears, a reference in this Act to the construction of a dwelling‑house by a person (whether through a building‑contractor or not) shall, if the construction of the dwelling‑house was commenced by another person (whether through a building‑contractor or not), be read as a reference to the completion of the construction of the dwelling‑house by the first‑mentioned person.
(1) Where: (a) the owner of land holds the land in trust for another person; or (b) a person has entered into a contract for the purchase of land or a dwelling‑house to be held in trust for another person; and the Secretary is satisfied that the other person will become the owner of the land or dwelling‑house, the other person shall, for the purposes of this Act other than section 17, be deemed to be the owner of the land or dwelling‑house or to have entered into the contract for the purchase of the land or dwelling‑house, as the case may be. (2) Where: (a) an owner of land who holds the land in trust for another person has entered into a contract for the construction by a building‑contractor of a dwelling‑house on the land; or (b) a person has, at the request of another person, entered into a contract, otherwise than as an agent of the other person, for the construction by a building‑contractor of a dwelling‑house on land owned by the other person; the other person shall, for the purposes of this Act, be deemed to have entered into the contract. (3) Section 19 has effect in relation to paragraphs (a) and (b) of subsection (1) of this section and paragraph (a) of the last preceding subsection as if there were omitted from subsections (1) and (2) of section 19 the words “, otherwise than as a trustee,” (wherever occurring). (4) For the purposes of this Act, where: (a) a person holds any moneys, whether in the form of an investment or otherwise, in trust for another person; and (b) the moneys are not held jointly with other moneys, other than moneys held in trust for the spouse of the other person; the moneys shall be deemed to have been saved by the other person and to be held by the other person in the same form as that in which they are held by the trustee, and any such moneys that have been paid or expended for any purpose by the trustee shall be deemed to have been paid or expended for that purpose by the other person.
(1
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