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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Defence Home Ownership Assistance
Scheme Amendment Bill 2022
No. , 2022
(Defence)
A Bill for an Act to amend the Defence Home
Ownership Assistance Scheme Act 2008, and for
related purposes
No. , 2022
Defence Home Ownership Assistance Scheme Amendment Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Defence Home Ownership Assistance Scheme Act 2008
3
Part 2--Application and transitional provisions
8
No. , 2022
Defence Home Ownership Assistance Scheme Amendment Bill 2022
1
A Bill for an Act to amend the Defence Home
1
Ownership Assistance Scheme Act 2008, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Defence Home Ownership Assistance Scheme
6
Amendment Act 2022
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Defence Home Ownership Assistance Scheme Amendment Bill 2022
No. , 2022
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 January 2023.
1 January 2023
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Defence Home Ownership Assistance Scheme Amendment Bill 2022
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Defence Home Ownership Assistance Scheme Act 2008
3
1 Paragraph 8(2)(a)
4
Omit "4 years", substitute "2 years".
5
2 Paragraph 8(2)(b)
6
Omit "8 years", substitute "4 years".
7
3 Paragraph 8(2)(c)
8
Omit "4 years", substitute "2 years".
9
4 Paragraph 10(2)(a)
10
Omit "4 years", substitute "2 years".
11
5 Paragraph 10(2)(b)
12
Omit "8 years", substitute "4 years".
13
6 Subsection 17(1)
14
Omit "(1) Subject to this section, the", substitute "The".
15
7 Subsections 17(2) and (3)
16
Repeal the subsections.
17
8 Subsection 18(1)
18
Omit "(1) Subject to this section, the", substitute "The".
19
9 Subsections 18(2) and (3)
20
Repeal the subsections.
21
10 Section 36
22
Before "Subsidy", insert "(1)".
23
Schedule 1
Amendments
Part 1
Amendments
4
Defence Home Ownership Assistance Scheme Amendment Bill 2022
No. , 2022
11 At the end of section 36
1
Add:
2
(2) The Secretary may, by writing,
declare that an event mentioned in
3
item 1 of the table in subsection (1) is taken not to have occurred in
4
relation to a subsidised borrower if the Secretary is satisfied that all
5
outstanding amounts due under the subsidised loan were paid as a
6
result of a genuine error, mistake or accident.
7
(3) A declaration made under subsection (2) is not a legislative
8
instrument.
9
12 Subsection 51(2) (table)
10
Repeal the table, substitute:
11
12
Loan limits
Item
Subsidised
borrower
Effective
service
for less
than 4
years
Effective
service
for 4
years or
more,
and less
than 8
years
Effective
service
for 8
years or
more,
and less
than 12
years
Effective
service
for 12
years or
more,
and less
than 20
years
Effective
service
for 20
years or
more
1
A member of
the Permanent
Forces who is
eligible as a
serving
member (see
section 8) or
rejoining
member (see
section 11)
40% of
the
average
house
price
60% of
the
average
house
price
80% of
the
average
house
price
80% of
the
average
house
price
80% of
the
average
house
price
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Defence Home Ownership Assistance Scheme Amendment Bill 2022
5
Loan limits
Item
Subsidised
borrower
Effective
service
for less
than 4
years
Effective
service
for 4
years or
more,
and less
than 8
years
Effective
service
for 8
years or
more,
and less
than 12
years
Effective
service
for 12
years or
more,
and less
than 20
years
Effective
service
for 20
years or
more
2
A member of
the Reserves
who is eligible
as a serving
member (see
section 8) or
rejoining
member (see
section 11)
Zero
40% of
the
average
house
price
60% of
the
average
house
price
80% of
the
average
house
price
80% of
the
average
house
price
3
A person who
is eligible as an
incapacitated
member (see
section 9), or as
a rejoining
incapacitated
member (see
section 10)
40% of
the
average
house
price
60% of
the
average
house
price
80% of
the
average
house
price
80% of
the
average
house
price
80% of
the
average
house
price
4
A person who
is eligible as a
separated
member (see
section 12)
40% of
the
average
house
price
40% of
the
average
house
price
40% of
the
average
house
price
40% of
the
average
house
price
80% of
the
average
house
price
5
A person who
is eligible as an
old scheme
member
$80,000
$80,000
$80,000
$80,000
$80,000
13 Section 71 (after table item 6)
1
Insert:
2
6A
To refuse to make a declaration that
Subsection 36(2)
Schedule 1
Amendments
Part 1
Amendments
6
Defence Home Ownership Assistance Scheme Amendment Bill 2022
No. , 2022
an event mentioned in item 1 of the
table in subsection 36(1) is taken not
to have occurred
14 After section 84
1
Insert:
2
84A Payments of amounts purportedly by way of subsidy
3
If, apart from this section, the Commonwealth does not have power
4
under this Act to pay an amount (the
relevant amount
) purportedly
5
by way of subsidy, then:
6
(a) the Commonwealth has the power to pay the relevant
7
amount; and
8
(b) the Commonwealth has the power to pay any amount
9
representing taxes that would, if the payment of the relevant
10
amount was a payment of subsidy under this Act, be payable
11
in respect of the relevant amount; and
12
(c) for the purposes of paragraph 84(a), the payment of the
13
relevant amount is taken to be a payment of subsidy under
14
this Act; and
15
(d) for the purposes of paragraph 84(b), any amount paid under
16
paragraph (b) of this section is taken to be a payment of taxes
17
payable in respect of a payment of subsidy under this Act;
18
and
19
(e) if the relevant amount is not an overpaid amount and was
20
paid into an account maintained by a person in the name of
21
another person (an
account holder
):
22
(i) the relevant amount is a debt due to the Commonwealth;
23
and
24
(ii) if there is only one account holder for the account--the
25
account holder is liable for the debt; and
26
(iii) if there is more than one account holder for the
27
account--each account holder is jointly and severally
28
liable for the debt; and
29
(iv) the relevant amount may be recovered by action in a
30
court of competent jurisdiction.
31
Note:
Division 6 of Part 4 provides for the recovery of overpaid amounts.
32
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Defence Home Ownership Assistance Scheme Amendment Bill 2022
7
84B Reports about payments of amounts purportedly by way of
1
subsidy
2
(1) The Secretary must cause a report of the following information to
3
be published, in such manner as the Secretary thinks fit, in relation
4
to each reporting period:
5
(a) the number of payments that the Secretary was aware of that
6
were made under section 84A during the reporting period;
7
(b) the total amount of payments referred to in paragraph (a);
8
(c) the number of payments made under section 84A that the
9
Secretary became aware of during the reporting period that
10
were made during an earlier reporting period;
11
(d) the total amount of payments referred to in paragraph (c);
12
(e) for each payment referred to in paragraph (c)--the reporting
13
period in which the payment was made.
14
(2) A
reporting period
is:
15
(a) a financial year; or
16
(b) if a shorter recurring period is determined under
17
paragraph (5)(a)--that period.
18
(3) However, a report is not required if:
19
(a) the number mentioned in paragraph (1)(a) is zero; and
20
(b) the number mentioned in paragraph (1)(c) is zero.
21
When report must be published
22
(4) The report must be published before the end of the following
23
period:
24
(a) 4 months after the end of the reporting period;
25
(b) if a lesser number of months has been determined for the
26
reporting period under paragraph (5)(b)--that number of
27
months after the end of the reporting period.
28
Determination
29
(5) The Minister may, by legislative instrument, determine:
30
(a) a period for the purposes of paragraph (2)(b); or
31
(b) a number of months for a reporting period for the purposes of
32
paragraph (4)(b).
33
Schedule 1
Amendments
Part 2
Application and transitional provisions
8
Defence Home Ownership Assistance Scheme Amendment Bill 2022
No. , 2022
Part 2--Application and transitional provisions
1
15 Application
--qualifying service periods
2
The amendments of sections 8 and 10 of the
Defence Home Ownership
3
Assistance Scheme Act 2008
made by this Schedule apply for the
4
purposes of determining:
5
(a) whether a person is eligible at a time that is on or after the
6
commencement of this item; and
7
(b) the number of months of effective service the person has
8
completed since becoming eligible, for the purposes of
9
working out the person's accrued subsidy period at a time
10
that is on or after that commencement;
11
whether the person completed the relevant qualifying service period
12
before, on or after that commencement.
13
16 Transitional
--previous applications for subsidy
14
certificates
15
For the purposes of paragraph 17(c) of the
Defence Home Ownership
16
Assistance Scheme Act 2008
(as in force on and after the
17
commencement of this item), disregard a previous application for a
18
subsidy certificate if:
19
(a) the application was made and refused before that
20
commencement; and
21
(b) at the time of the refusal, the applicant was not a member of
22
the Defence Force; and
23
(c) had the amendments of sections 8, 10 and 17 of that Act
24
made by this Schedule been in force at the time of the
25
refusal, the Secretary would have been required to give a
26
subsidy certificate to the applicant.
27
17 Application
--decisions to give subsidy certificates
28
(1)
The repeal of subsections 17(2) and (3) of the
Defence Home
29
Ownership Assistance Scheme Act 2008
by this Schedule applies on and
30
after the commencement of this item in relation to an applicant who is
31
not a member of the Defence Force, whether the applicant stopped
32
being a member of the Defence Force before, on or after that
33
commencement.
34
Amendments
Schedule 1
Application and transitional provisions
Part 2
No. , 2022
Defence Home Ownership Assistance Scheme Amendment Bill 2022
9
(2)
The repeal of subsections 18(2) and (3) of the
Defence Home
1
Ownership Assistance Scheme Act 2008
by this Schedule applies on and
2
after the commencement of this item in relation to an applicant who is
3
the surviving partner of a deceased partner, whether the deceased
4
partner:
5
(a) stopped being a member of the Defence Force; or
6
(b) died;
7
before, on or after that commencement.
8
18 Application
--when subsidy stops being payable
9
Subsection 36(2) of the
Defence Home Ownership Assistance Scheme
10
Act 2008
(as inserted by this Schedule) applies in relation to an event
11
mentioned in item 1 of the table in subsection 36(1) of that Act that
12
occurs on or after the commencement of this item.
13
19 Application
--loan limits
14
Subsection 51(2) of the
Defence Home Ownership Assistance Scheme
15
Act 2008
(as amended by this Schedule) applies for the purposes of
16
determining an amount of monthly subsidy, if the applicable monthly
17
authorisation period for the payment of the amount, for the purposes of
18
subsection 57(2) of that Act, begins on or after the commencement of
19
this item.
20
20 Application
--reports about payments
21
Section 84B of the
Defence Home Ownership Assistance Scheme Act
22
2008
(as inserted by this Schedule) applies in relation to a payment
23
made under section 84A of that Act during a reporting period that ends
24
on or after the commencement of this item, whether the period begins
25
before, on or after that commencement.
26