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Defence Service Homes Act 1918
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Administered by
Department of Veterans' Affairs
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C2024C00860 C30
11 December 2024
-
14 February 2025
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Part I—Preliminary
1 Short title
2 Commencement
4 Interpretation
4AAA Regular Serviceman
4AAB National Serviceman
4AA Extension of Act to Norfolk Island
4AB Joint ownership
4A Eligible person and spouse or de facto partner may be treated together as eligible person
4BA Election to surrender eligible status
4BB Revocation of election to surrender eligible status
4B Approval of Bank agreement
4C Compensation for acquisition of property
4D Exclusion of Consumer Credit Codes in relation to subsidised advances
4E Application of the Criminal Code
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Part II—Administration
6 Delegation by Minister
6A Delegation by Secretary
6B Transfer of portfolio assets to the Bank
6C Dealings relating to vested portfolio assets
6D Transfer of certain other assets to Commonwealth
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Part III—Notices of eligibility, certificates of entitlement and certificates of assignment
15 Applications for notices and certificates
16 Notice of eligibility
17 Certificate of entitlement: advances
17A Criteria for issue of certificate of entitlement: joint ownership
18 Criteria for issue of certificate of entitlement: advances other than widow or widower advances, advances for essential repairs and home support advances
19 Criteria for issue of certificate of entitlement: further advance
20 Criteria for issue of certificate of entitlement: widow or widower advances
21 Criteria for issue of certificate of entitlement: advances made for essential repairs
21A Criteria for issue of certificate of entitlement: home support advances
22 Certificate of entitlement: transfer of property subject to specified portfolio asset or advance
23 Certificate of entitlement: instalment relief
23A Certificates of assignment
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Part IIIA—Unjust transactions
23AA Power to reopen unjust transactions
23B Matters to be considered by court
23C Unforeseen circumstances
23D Conduct
23E Orders on reopening of transactions
23F A court may review unconscionable fees and charges
23G Time limit
23H Exceptions
23J Legal and financial assistance
23K Jurisdiction of courts
23L Definition
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Part IV—Subsidy on advances etc.
24 Subsidy payable by Commonwealth
24A Condition of payment of subsidy—subsidy under one scheme only
25 Maximum amounts for which subsidy is payable
26 Cancellation of subsidy
27 Cancellation of subsidy where subclause 11.16 of the Bank agreement applies
27A Cancellation of subsidy if the eligible person dies
28 Deferral of subsidy by Minister
29 Recovery of subsidy
30 Waiver etc.
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Part V—Rates of interest, maximum terms, and conversions
31 Rate of interest on initial advances
32 Rate of interest on widow or widower advances
33 Rate of interest on additional advances
34 Rate of interest on further advances
35 Rate of interest on advances for essential repairs
35AAA Rate of interest on home support advance
35AA Interest rates reduced according to reduced Benchmark rate
35AB Reduction of certain single tiered rates of interest
35AC Replacement of multi tiered rates of interest with single rate
35AD Rates not altered for certain portfolio contracts of sale
35A Modifications of Bank agreement and other instruments
36 Maximum terms of advances
37 Conversion of contract of sale into mortgage
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Part VI—Defence Service Homes Insurance Scheme
38 Defence Service Homes Insurance Scheme
38A Powers of Commonwealth to be exercised by the Secretary
38B Transfer of assets and liabilities
38C Insurance of dwelling houses and rights of residence in retirement villages
38CB Powers of Commonwealth under this Part
38E Termination of insurance
38F Reinsurance
38G Payments for fire brigade services
38GA Payments for State Emergency Services
38H Limitation of liability of Commonwealth
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Part VII—Finance
40 Defence Service Homes Insurance Account
40A Interest on amounts invested
41 Appropriation
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Part VIII—Miscellaneous
43 Internal review of reviewable decisions
44 Review of decisions by Administrative Review Tribunal
45 Certain provisions of Bank agreement not to be revoked or amended
45A Bankruptcy of purchaser or borrower
45B Exchange of information
45C Use and disclosure of personal information
46 Reports from inspectors and valuers
47 Dwelling houses for incapacitated soldiers
50A Improper use of certain words
50B Annual Report
51 Regulations
Schedule 1—Agreement between the Commonwealth of Australia and Westpac Banking Corporation
Schedule 1A—Agreement between the Commonwealth of Australia and Westpac Banking Corporation
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Schedule 2—Provisions of Defence Service Homes Act and regulations applying as terms and conditions of vested portfolio assets
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Miscellaneous
