HOMES SAVINGS GRANT ACT 1964
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 64 #DATE 19:12:1973)
HOMES SAVINGS GRANT ACT 1964-1973 - TABLE OF PROVISIONS
TABLE
HOMES SAVINGS GRANT ACT 1964-1973
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Interpretation
4A. Trusts, &c.
4B. Approved credit unions
5. Object
PART II-ADMINISTRATION
6. Administration
7. Regional Directors
8. Delegation
9. Determination of applicants for grants
10. Review of determinations
11. Appeal to Secretary
12. Powers as to taking of evidence and production of documents
13. Officers to observe secrecy
PART III-GRANTS TO ELIGIBLE PERSONS
14. Eligible married persons
14A. Eligible widowed persons
14B. Modifications of Act in relation to eligible widowed persons
14C. Eligible divorced persons
14D. Modifications of Act in relation to eligible divorced persons
15. Acceptable savings where prescribed date is not later than 31
December 1964
16. Acceptable savings where prescribed date is later than 31
December
1964
16A. Acceptable savings to include moneys deposited with approved
credit
unions
17. Acceptable savings to include certain moneys expended in purchase
of
certain residential land
17A. Acceptable savings to include certain moneys expended in
connexion
with purchase or construction of dwelling-house
17B. Acceptable savings of members of the Defence Force serving
outside
Australia and their spouses and children
17C. Power of Secretary to treat moneys as paid or expended
17D. Power of Secretary to treat person as having continued to hold
acceptable savings in certain circumstances
18. Moneys held or paid jointly by certain eligible persons
19. Purchase or ownership of land or dwelling-houses
20. Grants
20A. Grant to person whose spouse has died after the prescribed date
21. Applications for grants
22. Amount of grant
23. Payment of grants
24. Repayment of grants
PART IV-MISCELLANEOUS
25. Grants payable out of National Welfare Fund
26. Offences
26A. Credit union to notify members and intending members of
withdrawal
of approval
27. Prosecutions for offences
28. Recovery of overpayments
29. Information as to applicants
30. Indemnity to certain persons
31. Evidence
32. Reports
33. Regulations
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 1.
Short title.
SECT
HOMES SAVINGS GRANT ACT 1964-1973
Title amended; No. 50, 1967, s. 3; and No. 14, 1970, s. 3. An Act to assist
Young Married Persons, and Young Widowed and Divorced Persons with Dependent
Children, to purchase or build their own Homes.
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Homes Savings Grant Act 1964-1973.*
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 4.
Interpretation.
SECT
Sub-section (1) amended by No. 6, 1965, s. 3; No. 50, 1967, s. 4; No. 14,
1970, s. 4; and No. 216, 1973, s. 3.
4. (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; 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;
''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;
''the Secretary'' means the Secretary to the Department of Housing;
''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.
Substituted by No. 14, 1970, s. 4.
(1A) For the purposes of the definition of ''dependent child'' in the last
preceding sub-section, 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.
Substituted by No. 50, 1967, s. 4; amended by No. 14, 1970, s. 4.
(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 the twenty-sixth day of October, One
thousand nine hundred and sixty-nine-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.
Inserted by No. 50, 1967, s. 4.
(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.
Amended by No. 6, 1965, s. 3; No. 50, 1967, s. 4; No. 14, 1970, s. 4; and No.
216, 1973, s. 3.
(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.
(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
sub-section (2) of section twenty-four or section twenty-eight, or of an order
under sub-section (2) of section twenty-six, of this Act.
Substituted by No. 6, 1965, s. 3; amended by No. 14, 1970, s. 4.
(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.
Added by No. 6, 1965, s. 3.
(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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 4A.
Trusts, &c.
SECT
Inserted by No. 6, 1965, s. 4.
4A. (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 seventeen, 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 nineteen of this Act has effect in relation to paragraphs (a)
and (b) of sub-section (1) of this section and paragraph (a) of the last
preceding sub-section as if there were omitted from sub-sections (1) and (2)
of section nineteen 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 4B.
Approved credit unions.
SECT
Inserted by No. 14, 1970, s. 5. Sub-section (1) amended by No. 78, 1972, s. 3;
and No. 216, 1973, s. 3.
4B. (1) In this section-
''financial year'', in relation to a credit union, means-
(a) a period of twelve months ending on the thirtieth day of 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 of a State or of a 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 sub-section 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.
Substituted by No. 78, 1972, s. 3.
(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.
Amended by No. 78, 1972, s. 3.
(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 sub-section;
(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 sub-section.
Amended by No. 78, 1972, s. 3.
(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.
(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 the last preceding sub-section 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 sub-section (4), sub-section (6) or sub-section (7) of
this section.
(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 sub-section (6) or
sub-section (7) of this section; or
(c) has failed to comply with a requirement of the Secretary under the last
preceding sub-section,
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 sub-section (3) of this section, to be deemed to
have taken effect or the withdrawal is, by virtue of the last preceding
sub-section, 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 sub-section (3) of this section, to be
deemed to have taken effect or the withdrawal is, by virtue of the last
preceding sub-section, to take effect, as the case may be.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 5.
Object.
SECT
Amended by No. 50, 1967, s. 5; and No. 14, 1970, s. 6.
5. 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 6.
Administration.
SECT
PART II-ADMINISTRATION
6. The Secretary has, subject to any directions of the Minister, the general
administration of this Act.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 7.
Regional Directors.
SECT
Sub-section (1) substituted by No. 6, 1965, s. 5.
7. (1) For the purposes of this Act, the Secretary shall-
(a) in respect of each State-appoint an officer of the Department of
Housing to be the Regional Director for that State; and
(b) in respect of the Australian Capital Territory-appoint an officer of
that Department to be the Regional Director for that Territory.
Inserted by No. 6, 1965, s. 5.
(1A) An appointment under this section may be an appointment of-
(a) a specified officer of the Department of Housing only; or
(b) every officer of the Department of Housing from time to time holding,
or performing the duties of, a specified office in the Department of Housing.
Amended by No. 216, 1973, s. 3.
(2) For the purposes of this section, the Northern Territory shall be deemed
to be part of the State of South Australia.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 8.
Delegation.
SECT
8. (1) The Secretary may, by writing under his hand, delegate to an officer
of the Department of Housing, 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 9.
Determination of applicants for grants.
SECT
9. The Secretary shall, subject to this Act, determine applications for
grants.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 10.
Review of determinations.
SECT
10. 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 11.
Appeal to Secretary.
SECT
11. A person affected by a determination, direction, decision or approval of
an officer under this Act (other than a determination, direction, decision or
approval of the Secretary) may, within such time (if any) as is prescribed,
appeal to the Secretary, and the Secretary may affirm, revoke or vary the
determination, direction, decision or approval.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 12.
Powers as to taking of evidence and production of documents.
SECT
12. (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, without lawful excuse, 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.
Penalty amended by No. 93, 1966, s. 3.
Penalty: Forty dollars.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 13.
Officers to observe secrecy.
SECT
13. (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, except in the exercise of
his powers, or the performance of his duties or functions, under this Act, and
while he is, or after he ceases to be, an officer, 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.
(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 sub-section, 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 sub-sections
(2) and (3) of this section as if he were a person performing duties under
this Act and had acquired the information in the performance of those duties.
Penalty amended by No. 93, 1966, s. 3.
Penalty: Five hundred dollars.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 14.
Eligible married persons.
SECT
PART III-GRANTS TO ELIGIBLE PERSONS
Sub-section (1) amended by No. 6, 1965, s. 6; No. 50, 1967, s. 6; and No. 216,
1973, s. 3.
14. (1) 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 the thirtieth
day of April, One thousand nine hundred and sixty-seven-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 the second day of December, One thousand nine hundred
and sixty-three-
(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.
Added by No. 50, 1967, s. 6.
(2) For the purposes of sub-paragraph (ii) of paragraph (d) of the last
preceding sub-section, 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 14A.
Eligible widowed persons.
SECT
Inserted by No. 50, 1967, s. 7; amended by No. 216, 1973, s. 3.
14A. 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 the twenty-eighth day of
November, One thousand nine hundred and sixty-six, 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 14B.
Modifications of Act in relation to eligible widowed persons.
SECT
Inserted by No. 50, 1967, s. 7.
14B. (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 fifteen of this Act applies in relation to a person to whom this
section applies as if the reference in that section to the year One thousand
nine hundred and sixty-four were a reference to the year One thousand nine
hundred and sixty-seven.
(4) Sub-sections (1) and (2) of section sixteen of this Act apply in
relation to a person to whom this section applies as if each reference in
those sub-sections to the year One thousand nine hundred and sixty-four were a
reference to the year One thousand nine hundred and sixty-seven.
(5) Sub-section (3) of section sixteen of this Act 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 the thirty-first day of
December, One thousand nine hundred and sixty-seven) as at a time (in this
sub-section referred to as ''the relevant time'') after the thirty-first day
of December, One thousand nine hundred and sixty-seven, 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.
Substituted by No. 14, 1970, s. 7.
(6) In respect of a person to whom this section applies and in relation to
whom the prescribed date is a date later than the twenty-sixth day of October,
One thousand nine hundred and sixty-nine, paragraph (a) of the last preceding
sub-section 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.
Substituted by No. 14, 1970, s. 7.
(7) Section twenty of this Act has effect in relation to a person to whom
this section applies as if paragraph (c) of sub-section (2) and sub-section
(6) were omitted.
Added by No. 14, 1970, s. 7.
(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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 14C.
Eligible divorced persons.
SECT
Inserted by No. 14, 1970, s. 8; amended by No. 216, 1973, s. 3.
14C. 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 the twenty-seventh day of
October, One thousand nine hundred and sixty-nine, 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 14D.
Modifications of Act in relation to eligible divorced persons.
SECT
Inserted by No. 14, 1970, s. 8.
14D. (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 fifteen of this Act applies in relation to a person to whom this
section applies as if the reference in that section to the year One thousand
nine hundred and sixty-four were a reference to the year One thousand nine
hundred and seventy.
(4) Sub-sections (1) and (2) of section sixteen of this Act apply in
relation to a person to whom this section applies as if each reference in
those sub-sections to the year One thousand nine hundred and sixty-four were a
reference to the year One thousand nine hundred and seventy.
(5) Sub-section (3) of section sixteen of this Act 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 the thirty-first day of
December, One thousand nine hundred and seventy) as at a time (in this
sub-section referred to as ''the relevant time'') after the thirty-first day
of December, One thousand nine hundred and seventy, 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 twenty of this Act has effect in relation to a person to whom
this section applies as if paragraph (c) of sub-section (2) and sub-section
(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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 15.
Acceptable savings where prescribed date is not later than 31 December 1964.
SECT
15. (1) This section applies to an eligible person in relation to whom the
prescribed date is a date not later than the thirty-first day of December, One
thousand nine hundred and sixty-four.
(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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 16.
Acceptable savings where prescribed date is later than 31 December 1964.
SECT
16. (1) This section applies to an eligible person in relation to whom the
prescribed date is a date later than the thirty-first day of December, One
thousand nine hundred and sixty-four.
(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 the thirty-first day of
December, One thousand nine hundred and sixty-four, 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.
Substituted by No. 6, 1965, s. 7; amended by No. 50, 1967, s. 8.
(3) For the purposes of this Act, the acceptable savings of a person to whom
this section applies as at a time after the thirty-first day of December, One
thousand nine hundred and sixty-four, 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 the thirty-first day of December,
One thousand nine hundred and sixty-seven-
(i) were maintained at that time and at the thirty-first day of
December, One thousand nine hundred and sixty-four, 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
sub-paragraph (i) of the next succeeding paragraph applies; or
(ii) were maintained at that time and at the thirty-first day of
December, One thousand nine hundred and sixty-four, 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, the
thirty-first day of December, One thousand nine hundred and sixty-seven-
(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.
Omitted by No. 6, 1965, s. 7; added by No. 14, 1970, s. 9.
(4) In respect of a person in relation to whom the prescribed date is a date
later than the twenty-sixth day of October, One thousand nine hundred and
sixty-nine, sub-paragraph (i) of paragraph (b) of the last preceding
sub-section 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 16A.
Acceptable savings to include moneys deposited with approved credit unions.
SECT
Inserted by No. 14, 1970, s. 10.
16A. 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 credit union if
the credit union 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 17.
Acceptable savings to include certain moneys expended in purchase of certain
residential land.
SECT
Substituted by No. 6, 1965, s. 8.
17. (1) For the purpose of determining the acceptable savings of an eligible
person as at any time (in this sub-section 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 the first day of July, One thousand nine hundred and sixty-five,
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 the first day of July, One thousand nine hundred and sixty-five,
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 sub-section 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 17A.
Acceptable savings to include certain moneys expended in connexion with
purchase or construction of dwelling-house.
SECT
Inserted by No. 6, 1965, s. 8.
17A. 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 17B.
Acceptable savings of members of the Defence Force serving outside Australia
and their spouses and children.
SECT
Inserted by No. 6, 1965, s. 8.
17B. 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 17C.
Power of Secretary to treat moneys as paid or expended.
SECT
Inserted by No. 6, 1965, s. 8.
17C. 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 17D.
Power of Secretary to treat person as having continued to hold acceptable
savings in certain circumstances.
SECT
Inserted by No. 50, 1967, s. 9.
17D. 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 18.
Moneys held or paid jointly by certain eligible persons.
SECT
Substituted by No. 14, 1970, s. 11.
18. (1) This section applies to an eligible person who is an eligible person
by virtue of section fourteen or section fourteen C of this Act.
(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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 19.
Purchase or ownership of land or dwelling-houses.
SECT
Sub-section (1) amended by No. 6, 1965, s. 9.
19. (1) A reference in this Act other than section seventeen 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.
Amended by No. 216, 1973, s. 3.
(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.
Added by No. 6, 1965, s. 9.
(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.
Added by No. 50, 1967, s. 10.
(4) For the purposes of this section-
(a) the purchase or ownership of an approved interest in land by a person
(in this sub-section 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 sub-section 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 20.
Grants.
SECT
20. (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.
Inserted by No. 6, 1965, s. 10.
(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.
Amended by No. 6, 1965, s. 10; No. 93, 1966, s. 3; No. 50, 1967, s. 11; No.
14, 1970, s. 12; No. 112, 1971, s. 3; No. 78, 1972, s. 4; and No. 216, 1973,
s. 3.
(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 the twenty-seventh day of November, One thousand nine
hundred and sixty-six-Fourteen thousand dollars;
(ii) if the prescribed date in relation to the eligible person is a date
that is later than the twenty-seventh day of November, One thousand nine
hundred and sixty-six, but is not later than the twenty-sixth day of October,
One thousand nine hundred and sixty-nine-Fifteen thousand dollars;
(iii) if the prescribed date in relation to the eligible person is a
date that is later than the twenty-sixth day of October, One thousand nine
hundred and sixty-nine, but is not later than the fifteenth day of August, One
thousand nine hundred and seventy-two-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
sub-section (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.
Substituted by No. 6, 1965, s. 10.
(3) Paragraph (a) of the last preceding sub-section 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.
Substituted by No. 6, 1965, s. 10.
(4) For the purposes of paragraph (b) of sub-section (2) of this section,
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.
Inserted by No. 6, 1965, s. 10.
(4A) In satisfying himself for the purposes of paragraph (b) of sub-section
(2) of this section 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 sub-sections 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.
Added by No. 50, 1967, s. 11.
(6) Paragraph (c) of sub-section (2) of this section 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 20A.
Grant to person whose spouse has died after the prescribed date.
SECT
Inserted by No. 50, 1967, s. 12.
20A. (1) Subject to the next succeeding sub-section, 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 sub-section 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 twenty-three and twenty-four of this Act have
effect as if the person were an eligible person.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 21.
Applications for grants.
SECT
Sub-section (1) amended by No. 6, 1965, s. 11; No. 50, 1967, s. 13; and No.
216, 1973, s. 3.
21. (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.
Inserted by No. 50, 1967, s. 13.
(1A) Where, in pursuance of sub-section (1A) of section twenty of this Act,
the time before which a person is required to become an eligible person (in
this sub-section 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.
Inserted by No. 50, 1967, s. 13.
(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.
Inserted by No. 50, 1967, s. 13.
(1C) An application for a grant under this Act may be made by a person to
whom section twenty A of this Act applies notwithstanding that the person is
not an eligible person.
Amended by No. 216, 1973, s. 3.
(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 Municipality of Queanbeyan in the State of New South Wales shall be
deemed to be part of the Australian Capital Territory.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 22.
Amount of grant.
SECT
Sub-section (1) substituted by No. 50, 1967, s. 14.
22. (1) Subject to sub-section (2) of this section, 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 the thirty-first day of December, One thousand nine
hundred and sixty-four, 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.
Inserted by No. 50, 1967, s. 14.
(1A) Subject to sub-section (2) of this section, the amount of a grant under
this Act to an eligible person in relation to whom the prescribed date is a
date later than the thirty-first day of December, One thousand nine hundred
and sixty-four, but not later than the thirtieth day of April, One thousand
nine hundred and sixty-seven, 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.
Inserted by No. 50, 1967, s. 14.
(1B) Subject to the next two succeeding sub-sections, 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 the
thirtieth day of April, One thousand nine hundred and sixty-seven, 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.
Substituted by No. 78, 1972, s. 5.
(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 the fifteenth day of August, One thousand nine hundred
and seventy-two-Five hundred dollars; or
(b) in any other case-Seven hundred and fifty dollars.
Inserted by No. 50, 1967, s. 14.
(2A) Where, apart from this sub-section, the amounts of any grants under
this Act to an eligible person and his or her spouse, being persons in
relation to whom sub-section (1B) of this section applies, would, in the
aggregate, be less than Ten dollars, a grant shall not be made under this Act
to either of those persons.
Substituted by No. 50, 1967, s. 14.
(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 sub-section 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.
Substituted by No. 50, 1967, s. 14.
(8) For the purposes of the application of this section in relation to a
savings year that commenced or commences on or after the first day of May, One
thousand nine hundred and sixty-six, sub-sections (4), (5), (6) and (7) of
this section have effect as if the references in those sub- sections to an
eligible person were references to the eligible person and his or her spouse.
Substituted by No. 50, 1967, s. 14; amended by No. 78, 1972, s. 5.
(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 the first day of January, One
thousand nine hundred and sixty-five;
(b) in the case of a savings year that commenced on or after the first day
of January, One thousand nine hundred and sixty-five, but before the first day
of May, One thousand nine hundred and sixty-six-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
the first day of May, One thousand nine hundred and sixty-six-
(i) excess savings of an eligible person (being an eligible person in
relation to whom the prescribed date is a date not later than the fifteenth
day of August, One thousand nine hundred and seventy-two) 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.
Added by No. 50, 1967, s. 14.
(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
sub-section 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 sub-section (1), paragraph (a) of sub-section
(1A), paragraph (a) of sub-section (1B) and sub-section (3) of this section to
the prescribed date were references to the assumed date.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 23.
Payment of grants.
SECT
23. (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
sub-section 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 24.
Repayment of grants.
SECT
Sub-section (1) substituted by No. 6, 1965, s. 12.
24. (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.
Inserted by No. 6, 1965, s. 12; amended by No. 93, 1966, s. 3.
(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.
Amended by No. 6, 1965, s. 12.
(2) Upon the occurrence of any of the circumstances referred to in paragraph
(a) or (b) of the last preceding sub-section, 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 25.
Grants payable out of National Welfare Fund.
SECT
PART IV-MISCELLANEOUS
25. Grants under this Act are payable out of the Trust Account established
under the National Welfare Fund Act 1943-1952 and known as the National
Welfare Fund.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 26.
Offences.
SECT
Sub-section (1) amended by No. 93, 1966, s. 3.
26. (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
sub-section, 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.
Added by No. 14, 1970, s. 13.
(3) Where a court has made an order under the last preceding sub-section, 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 26A.
Credit union to notify members and intending members of withdrawal of
approval.
SECT
Inserted by No. 14, 1970, s. 14.
26A. (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.
(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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 27.
Prosecutions for offences.
SECT
27. (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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 28.
Recovery of overpayments.
SECT
Amended by No. 50, 1967, s. 15.
28. 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 29.
Information as to applicants.
SECT
29. (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.
Amended by No. 93, 1966, s. 3.
(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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 30.
Indemnity to certain persons.
SECT
Amended by No. 216, 1973, s. 3.
30. 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.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 31.
Evidence.
SECT
31. (1) All courts shall take judicial notice of the signature of any person
who holds or has held the office of Secretary to the Department of Housing or
Regional Director, and of the fact that that person holds or has held that
office, if the signature purports to be attached or appended to any official
document, and any such document purporting to be so signed is evidence in all
courts of the facts and statements contained in the document.
(2) A certificate in writing signed by a person who holds or has held an
office specified in the last preceding sub-section certifying-
(a) that a grant under this Act of a specified amount was paid to a
specified person on a specified date; or
(b) that a specified amount is the amount of a grant under this Act paid to
a specified person in consequence of a specified act, failure or omission,
is evidence in all courts of the matters certified.
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 32.
Reports.
SECT
32. (1) The Secretary shall, as soon as practicable after each thirtieth day
of June, furnish to the Minister, for presentation to each House of the
Parliament, a report as to the administration and operation of this Act during
the year that ended on that date.
(2) The Minister shall cause a copy of each report of the Secretary to be
laid before each House of the Parliament within fifteen sitting days of that
House after the receipt of the report by the Minister.
Sub-section (3) omitted by No. 216, 1973, s. 3.
* * * * * * * *
HOMES SAVINGS GRANT ACT 1964-1973 - SECT. 33.
Regulations.
SECT
Amended by No. 93, 1966, s. 3.
33. 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.
------------------------------------------------------------------------------
--
HOMES SAVINGS GRANT ACT 1964-1973 - NOTE
NOTE
1. The Homes Savings Grant Act 1964-1973 comprises the Homes Savings Grant
Act 1964 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------
Homes Savings Grant Act
1964 No. 51, 1964 28 May 1964 28 May 1964
Homes Savings Grant Act
1965 No. 6, 1965 21 April 1965 28 May 1964
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Homes Savings Grant Act
1967 No. 50, 1967 26 May 1967 26 May 1967 (a)
Homes Savings Grant Act
1970 No. 14, 1970 2 June 1970 2 June 1970
Homes Savings Grant Act
1971 No. 112, 1971 6 Dec 1971 6 Dec 1971
Homes Savings Grant Act
1972 No. 78, 1972 27 Sept 1972 27 Sept 1972
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------
(a) Section 2 of the Homes Savings Grant Act 1967 provides as follows:
''2. (1) Subject to the next succeeding sub-section, this Act shall come
into operation on the day on which it receives the Royal Assent.
''(2) The amendments made by paragraph (b), (c), (e), (g) and (h) of
section 4, sections 8, 9 and 10, paragraph (c) of section 11, sections 12 and
13, paragraph (d) of section 14 and section 15 of this Act shall be deemed to
have taken effect on the twenty-eighth day of May, One thousand nine hundred
and sixty-four.''