Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 14, 1991
Compilation No. 21
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 15 October 2021
About this compilation
This compilation
This is a compilation of the Defence Force (Home Loans Assistance) Act 1990 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Introductory
1 Short title
2 Commencement
3A Operational service member
3B Warlike service member
3C Minister may declare warlike service
4 When do former members stop being eligible members?
5 Ownership of house
6 Family members
7 Breaking continuity of service
8 Multiple surviving spouses or de facto partners
9 Approval of agreement etc.
Part 2--Entitlement certificates, loan increases and sales, purchases and transfers
Division 1--Entitlement certificates
10 Application for certificate
11 Issue of certificate
12 Criteria for issue of certificate
13 Cancellation, variation or revocation of certificate
Division 2--Loan increases
14 Application for approval in relation to loan increase
15 Grant of approval
16 Revocation of approval
Division 3--Sale etc. of houses subject to subsidised loans
17 Application for approval in relation to sale, purchase or transfer
18 Grant of approval
19 Revocation of approval
Part 3--Subsidy
20 When does subsidy become payable?
20A Condition of payment of subsidy--subsidy under one scheme only
21 Maximum amounts on which subsidy is payable
22 Minimum amounts on which subsidy is payable
23 Subsidy period--eligible persons
24 Subsidy period--widows and widowers
25 Calculation of amounts of subsidy
26 Joint loans to entitled persons who are spouses or de facto partners
27 Cancellation of subsidy
28 Request to cancel subsidy
29 When does subsidy stop?
30 What happens on the death of a borrower who is an eligible person?
31 Recovery of certain payments by Commonwealth
32 Waiver etc.
Part 4--Miscellaneous
33 Internal review of reviewable decisions
34 Review of decisions by Administrative Appeals Tribunal
35 Subclause 8.4 of agreement not to be revoked or varied
36 Exchange of information
36A Use and disclosure of personal information
37 Delegation
38 Appropriation
39 Annual report
40 Regulations
Schedule 1--Agreement between the Commonwealth and the Bank
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
14, 1991 | 21 Jan 1991 | s 1-9 and Sch 1: 21 Jan 1991(s 2(1)) |
| |
152, 1991 | 21 Oct 1991 | -- | ||
Veterans' Affairs Legislation Amendment Act 1992 | 70, 1992 | 26 June 1992 | Sch: 26 June 1992 (s 2(1)(f)) | -- |
91, 1992 | 30 June 1992 | s 12 and 15: 30 June 1992 (s 2(1)) | -- | |
95, 1993 | 22 Dec 1993 | -- | ||
61, 1994 | 19 May 1994 | 19 May 1994 (s 2) | -- | |
43, 1995 | 15 June 1995 | Sch 3: 1 Sept 1994 (s 2(4)) | -- | |
56, 1996 | 8 Nov 1996 | Sch 1 (items 5-44): 8 Nov 1996 (s 2(1)) | Sch 1 (item 44) | |
116, 1999 | 22 Sept 1999 | Sch 6 (item 1): 22 Sept 1999 (s 2(1)) | -- | |
Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 | 10, 2001 | 22 Mar 2001 | Sch 2 (items 40-43, 94, 95): 19 Apr 2001 (s 2(1)) | Sch 2 (items 94, 95) |
135, 2003 | 17 Dec 2003 | Sch 2 (items 26, 27): 17 Dec 2003 (s 2(1) item 8) | -- | |
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 | 52, 2004 | 27 Apr 2004 | Sch 3 (items 15-18): 1 July 2004 (s 2(1) item 6) | -- |
121, 2005 | 6 Oct 2005 | Sch 5 (items 16-18): 1 Jan 2005 (s 2(1) item 3) | -- | |
45, 2006 | 22 May 2006 | Sch 2 (item 1): | -- | |
137, 2006 | 30 Nov 2006 | 30 Nov 2006 (s 2) | -- | |
81, 2007 | 21 June 2007 | 21 June 2007 (s 2) | -- | |
Defence Home Ownership Assistance Scheme (Consequential Amendments) Act 2008 | 28, 2008 | 23 June 2008 | Sch 1 (items 1-5): 1 July 2008 (s 2(1)) | -- |
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 | 144, 2008 | 9 Dec 2008 | Sch 4 (items 2-46): 10 Dec 2008 | Sch 4 (items 16, 22, 24, 35) |
5, 2011 | 22 Mar 2011 | Sch 7 (item 48): 19 Apr 2011 (s 2(1) item 19) | -- | |
197, 2012 | 12 Dec 2012 | Sch 5 (item 30) and Sch 6 (items 15-19): 12 Mar 2014 (s 2(1) items 3, 19) | Sch 6 (items 1, 15-19) | |
103, 2013 | 29 June 2013 | Sch 4 (item 4): 29 June 2013 (s 2(1) item 16) | -- | |
Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 | 108, 2017 | 14 Sept 2017 | -- | |
13, 2021 | 1 Mar 2021 | Sch 2 (items 297, 298): 1 Sept 2021 (s 2(1) item 5) | -- |
Provision affected | How affected | |
Part 1 |
| |
s 3..................... | am No 152, 1991; No 70, 1992; No 91, 1992; No 95, 1993; No 56, 1996; No 116, 1999; No 10, 2001; No 135, 2003; No 52, 2004; No 137, 2006; No 81, 2007; No 28, 2008; No 144, 2008; No 5, 2011; No 108, 2017; No 13, 2021 | |
s. 3A.................... | ad. No. 152, 1991 | |
s. 3B.................... | ad. No. 95, 1993 | |
s. 3C.................... | ad. No. 95, 1993 | |
| am. No. 121, 2005 | |
s. 4..................... | am. No. 152, 1991; No. 91, 1992; No. 43, 1995; No. 135, 2003 | |
am. No. 144, 2008 | ||
s. 8..................... | rs. No. 144, 2008 | |
Part 2 |
| |
Division 1 |
| |
s. 10.................... | am. No. 152, 1991; No. 144, 2008 | |
s. 12.................... | am. No. 152, 1991; No. 95, 1993; No. 56, 1996; Nos. 28 and 144, 2008 | |
s. 13.................... | am. No. 91, 1992 | |
Division 2 |
| |
s. 14.................... | am. No. 152, 1991; No. 56, 1996; No. 144, 2008 | |
s. 15.................... | am. No. 144, 2008 | |
Division 3 |
| |
s 17.................... | am No 144, 2008 | |
s 18.................... | am No 144, 2008; No 13, 2021 | |
Part 3 |
| |
s. 20.................... | am. No. 144, 2008 | |
s. 20A................... | ad. No. 28, 2008 | |
am. No. 56, 1996 | ||
s. 23.................... | am. No. 152, 1991; No. 95, 1993; No. 56, 1996 | |
s. 24 ................... | am. No. 152, 1991; No. 95, 1993; No. 56, 1996; No. 52, 2004; No. 144, 2008; No 108, 2017 | |
s. 26.................... | am. No. 56, 1996; No. 144, 2008 | |
s 29.................... | am No 144, 2008; No 13, 2021 | |
s 30.................... | am No 144, 2008 | |
Part 4 |
| |
s. 35.................... | am. No. 61, 1994 | |
s. 36A................... | ad. No. 28, 2008 | |
| am. No. 144, 2008; No 197, 2012 | |
s. 37.................... | am. No. 45, 2006; No. 28, 2008 | |
Schedule 2................ | rep No 103, 2013 | |