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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Defence Service Homes Amendment Bill
2019
No. , 2019
(Veterans' Affairs)
A Bill for an Act to amend the Defence Service
Homes Act 1918, and for related purposes
No. , 2019
Defence Service Homes Amendment Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Defence Service Homes Act 1918
3
No. , 2019
Defence Service Homes Amendment Bill 2019
1
A Bill for an Act to amend the Defence Service
1
Homes Act 1918, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Defence Service Homes Amendment Act 2019.
5
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Defence Service Homes Amendment Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The later of:
(a) 1 January 2020; and
(b) the day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2019
Defence Service Homes Amendment Bill 2019
3
Schedule 1--Amendments
1
2
Defence Service Homes Act 1918
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1 Subsection 4(1)
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Insert:
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eligible recipient means a person who is:
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(a) a member of the Defence Force or a former member of the
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Defence Force; or
8
(b) a member of a Peacekeeping Force or a former member of a
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Peacekeeping Force; or
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(c) a widow or widower of a person covered by paragraph (a) or
11
(b).
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member of a Peacekeeping Force has the same meaning as in
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Part IV of the Veterans' Entitlements Act 1986.
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2 Section 38
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Omit "and of houses, land, building materials and improvements of the
16
kind mentioned in section 38CA".
17
3 Section 38C
18
Repeal the section, substitute:
19
38C Insurance of dwelling-houses and rights of residence in
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retirement villages
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Dwelling-houses
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(1) The Commonwealth may undertake insurance of, or in relation to:
23
(a) a dwelling-house that is wholly or partially owned by an
24
eligible recipient; or
25
(b) building materials on a site where there is, or is to be, a
26
dwelling-house referred to in paragraph (a), being materials
27
that are for use in the building of, or use otherwise in relation
28
to, the dwelling-house; or
29
(c) any permanent domestic improvement of a structural kind
30
that has been made:
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Schedule 1 Amendments
4
Defence Service Homes Amendment Bill 2019
No. , 2019
(i) to a dwelling-house referred to in paragraph (a); or
1
(ii) on the land on which such a dwelling-house is built, is
2
being built or is to be built; or
3
(d) building materials on a site where there is, or is to be, an
4
improvement referred to in paragraph (c), being materials
5
that are for use in the building of, or use otherwise in relation
6
to, the improvement.
7
Note:
For eligible recipient, see subsection 4(1).
8
(2) The Commonwealth may undertake insurance against risks related
9
to the land on which a dwelling-house referred to in
10
paragraph (1)(a) is built, is being built or is to be built.
11
Rights of residence in retirement villages
12
(3) The Commonwealth may undertake insurance of, or in relation to:
13
(a) a right of residence in a retirement village that is a right held
14
by an eligible recipient; or
15
(b) building materials on a site where there is, or is to be, a
16
retirement village covered by paragraph (a), being materials
17
that are for use in the building of, or use otherwise in relation
18
to, the retirement village; or
19
(c) any permanent domestic improvement of a structural kind
20
that has been made to a retirement village covered by
21
paragraph (a); or
22
(d) building materials on a site where there is, or is to be, an
23
improvement referred to in paragraph (c), being materials
24
that are for use in the building of, or use otherwise in relation
25
to, the improvement.
26
Note:
For eligible recipient, see subsection 4(1).
27
(4) The Commonwealth may undertake insurance against risks related
28
to the land on which a retirement village covered by
29
paragraph (3)(a) is built, is being built or is to be built.
30
4 Sections 38CA, 38CAA and 38D
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Repeal the sections.
32
5 Section 38E
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Repeal the section, substitute:
34
Amendments Schedule 1
No. , 2019
Defence Service Homes Amendment Bill 2019
5
38E Termination of insurance
1
(1) This section applies if:
2
(a) the Commonwealth has undertaken insurance under
3
section 38C in relation to a dwelling-house that is wholly or
4
partially owned by, or a right of residence in a retirement
5
village that is a right held by, a person who is:
6
(i) a member of the Defence Force or a former member of
7
the Defence Force; or
8
(ii) a member of a Peacekeeping Force or a former member
9
of a Peacekeeping Force; and
10
(b) the person dies.
11
Notice that insurance will cease to have effect
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(2) If this section applies:
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(a) the insurance undertaken in relation to the dwelling-house, or
14
the right of residence in the retirement village, does not cease
15
to have effect because of the death of the person; and
16
(b) unless the insurance has already ceased to have effect for
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some other reason, the Secretary must give reasonable notice
18
in writing to each person having an interest in the
19
dwelling-house, or the right of residence in the retirement
20
village, that the insurance will cease to have effect on a day
21
specified in the notice.
22
Day insurance ceases to have effect
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(3) If the Secretary gives a notice under paragraph (2)(b), the
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insurance ceases to have effect on the day specified in the notice,
25
unless it has already ceased to have effect.
26
Exception
27
(4) If this section applies and the person referred to in paragraph (1)(a)
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is survived by a widow or widower, the Secretary must not give a
29
notice under paragraph (2)(b) in relation to the dwelling-house or
30
the right of residence in the retirement village.
31
(5) Subsection (4) does not prevent the insurance ceasing to have
32
effect for a reason other than the giving of a notice under
33
paragraph (2)(b).
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Schedule 1 Amendments
6
Defence Service Homes Amendment Bill 2019
No. , 2019
Notice not a legislative instrument
1
(6) A notice under paragraph (2)(b) is not a legislative instrument.
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6 Sections 38EA, 38EAA and 38FA
3
Repeal the sections.
4
7 Application provision
5
The amendments made by this Schedule apply in relation to insurance
6
undertaken by the Commonwealth on or after the commencement of
7
this Schedule.
8