Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Defence Home Ownership Assistance Scheme Act 2008
In force
Administered by
Department of Defence
Latest version
Order print copy
Save this title to My Account
Set up an alert
C2024C00637 (C14)
14 October 2024
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 Meaning of deceased partner and surviving partner
5 When a person is a member of the Reserves
6 External Territories
Collapse
Part 2—Eligibility
7 Eligibility—who is eligible?
8 Eligibility—serving members
9 Eligibility—incapacitated members
10 Eligibility—rejoining incapacitated members
11 Eligibility—rejoining members
12 Eligibility—separated members
13 Eligibility—old scheme members
Collapse
Part 3—Subsidy certificates
Collapse
Division 1—Application for subsidy certificate
14 Application for subsidy certificate
15 Further information about application
Division 2—Decision to give subsidy certificate
16 Decision to give subsidy certificate—general
17 Decision to give subsidy certificate—eligible applicants
18 Decision to give subsidy certificate—surviving partners
19 Decision to give subsidy certificate—loan discharged due to destruction or compulsory sale of house
20 Decision to give subsidy certificate—loan discharged due to compensable condition
21 Form of subsidy certificate
Division 3—Effect of subsidy certificate
22 Period subsidy certificate in force
23 Subsidy certificate not a legislative instrument
Division 4—Variation and cancellation of subsidy certificates
24 Variation of subsidy certificate
25 Cancellation of subsidy certificate
Collapse
Part 4—Subsidy
Collapse
Division 1—Entitlement to subsidy
Collapse
Subdivision A—General
26 Entitlement—form of subsidy
27 Entitlement—authorisation by Secretary
28 Entitlement—criteria
Subdivision B—When subsidy becomes payable
29 When subsidy becomes payable—eligibility and service credits
30 When subsidy becomes payable—use of subsidised loan
31 When subsidy becomes payable—ownership and location of land
32 When subsidy becomes payable—occupation of house as a home (non building loan)
33 When subsidy becomes payable—use of land
34 When subsidy becomes payable—subsidy lump sum
Subdivision C—When subsidy stops being payable
35 When subsidy stops being payable—scope
36 When subsidy stops being payable—general
37 When subsidy stops being payable—completion of building work
38 When subsidy stops being payable—ownership of land
39 When subsidy stops being payable—occupation of house as a home (non building loan)
40 When subsidy stops being payable—occupation of house as a home (building loan)
41 When subsidy stops being payable—use of land
42 When subsidy stops being payable—disclosure of changes of circumstances
43 When subsidy stops being payable—on request by the subsidised borrower
Subdivision D—Revocation and variation
44 Revocation of authorisation for the payment of subsidy
45 Variation of authorisation of payment of subsidy—when a person is not a member of the Reserves
Division 2—Service credits
46 Working out service credits
47 Service credits—working out accrued subsidy periods
48 Service credits—additional allowance for warlike service
Division 3—Amount of subsidy
Collapse
Subdivision A—Monthly subsidy
49 Working out monthly subsidy
50 Monthly subsidy—average monthly interest
51 Monthly subsidy—loan capital
51A Monthly subsidy—shared liability between partners for subsidised loans
51B Monthly subsidy—shared liability between partners for subsidised loans if partner dies etc.
51C Monthly subsidy—joint and several liability for subsidised loans between non partners
52 Monthly subsidy—average house price
53 Monthly subsidy—median interest rate
Collapse
Subdivision B—Subsidy lump sum
54 Subsidy lump sum payments
Division 4—How subsidy is paid
55 How subsidy is paid—scope
56 How subsidy is paid—to loan provider for the benefit of subsidised borrower
57 How subsidy is paid—monthly subsidy
58 How subsidy is paid—subsidy lump sum
Division 5—Subsidy for surviving partners
Collapse
Subdivision A—Surviving partners of subsidised borrowers
59 Surviving partners of subsidised borrowers—scope
60 Surviving partners of subsidised borrowers—joint interests in land
61 Surviving partners of subsidised borrowers—interest in land inherited by surviving partner etc.
62 Surviving partners of subsidised borrowers—interest in land not inherited by surviving partner etc.
Collapse
Subdivision B—Surviving partners holding subsidy certificates
63 Subsidy for surviving partners—if they hold subsidy certificates
Collapse
Subdivision C—Application of this Part
64 Subsidy for surviving partners—how this Part applies
65 Subsidy for surviving partners—if surviving partner eligible in his or her own right etc.
Division 6—Recovery of overpayments
66 Recovery of overpayments—scope
67 Recovery of overpayments—amount payable
68 Recovery of overpayments—from subsidised loan account
69 Recovery of overpayments—from sale of interest in land
70 Recovery of overpayments—in a court
Collapse
Part 5—Review of decisions
Collapse
Division 1—Internal review
71 Internal review—reviewable decisions
72 Internal review—persons whose interests are affected
73 Internal review—notice of reviewable decision and review rights
74 Internal review—applications for review of reviewable decisions
75 Internal review—review of reviewable decisions
Collapse
Division 2—External review
76 External review—review by Administrative Review Tribunal of internal review decisions
Collapse
Part 6—Administration
77 Approved forms
78 Declared loan providers
79 Use and disclosure of personal information
80 Delegation of Minister’s power to make certain determinations
81 Delegation of Secretary’s powers and functions
82 Alteration of rights
84 Appropriation
84A Payments of amounts purportedly by way of subsidy
84B Reports about payments of amounts purportedly by way of subsidy
85 Regulations
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
