Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 27, 2008
Compilation No. 14
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Defence Home Ownership Assistance Scheme Act 2008 that shows the text of the law as amended and in force on 14 October 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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--Preliminary
1 Short title
2 Commencement
4 Meaning of deceased partner and surviving partner
5 When a person is a member of the Reserves
6 External Territories
Part 2--Eligibility
7 Eligibility--who is eligible?
8 Eligibility--serving members
9 Eligibility--incapacitated members
10 Eligibility--rejoining incapacitated members
11 Eligibility--rejoining members
12 Eligibility--separated members
13 Eligibility--old scheme members
Part 3--Subsidy certificates
Division 1--Application for subsidy certificate
14 Application for subsidy certificate
15 Further information about application
Division 2--Decision to give subsidy certificate
16 Decision to give subsidy certificate--general
17 Decision to give subsidy certificate--eligible applicants
18 Decision to give subsidy certificate--surviving partners
19 Decision to give subsidy certificate--loan discharged due to destruction or compulsory sale of house
20 Decision to give subsidy certificate--loan discharged due to compensable condition
21 Form of subsidy certificate
Division 3--Effect of subsidy certificate
22 Period subsidy certificate in force
23 Subsidy certificate not a legislative instrument
Division 4--Variation and cancellation of subsidy certificates
24 Variation of subsidy certificate
25 Cancellation of subsidy certificate
Part 4--Subsidy
Division 1--Entitlement to subsidy
Subdivision A--General
26 Entitlement--form of subsidy
27 Entitlement--authorisation by Secretary
28 Entitlement--criteria
Subdivision B--When subsidy becomes payable
29 When subsidy becomes payable--eligibility and service credits
30 When subsidy becomes payable--use of subsidised loan
31 When subsidy becomes payable--ownership and location of land
32 When subsidy becomes payable--occupation of house as a home (non-building loan)
33 When subsidy becomes payable--use of land
34 When subsidy becomes payable--subsidy lump sum
Subdivision C--When subsidy stops being payable
35 When subsidy stops being payable--scope
36 When subsidy stops being payable--general
37 When subsidy stops being payable--completion of building work
38 When subsidy stops being payable--ownership of land
39 When subsidy stops being payable--occupation of house as a home (non-building loan)
40 When subsidy stops being payable--occupation of house as a home (building loan)
41 When subsidy stops being payable--use of land
42 When subsidy stops being payable--disclosure of changes of circumstances
43 When subsidy stops being payable--on request by the subsidised borrower
Subdivision D--Revocation and variation
44 Revocation of authorisation for the payment of subsidy
45 Variation of authorisation of payment of subsidy--when a person is not a member of the Reserves
Division 2--Service credits
46 Working out service credits
47 Service credits--working out accrued subsidy periods
48 Service credits--additional allowance for warlike service
Division 3--Amount of subsidy
Subdivision A--Monthly subsidy
49 Working out monthly subsidy
50 Monthly subsidy--average monthly interest
51 Monthly subsidy--loan capital
51A Monthly subsidy--shared liability between partners for subsidised loans
51B Monthly subsidy--shared liability between partners for subsidised loans if partner dies etc.
51C Monthly subsidy--joint and several liability for subsidised loans between non-partners
52 Monthly subsidy--average house price
53 Monthly subsidy--median interest rate
Subdivision B--Subsidy lump sum
54 Subsidy lump sum payments
Division 4--How subsidy is paid
55 How subsidy is paid--scope
56 How subsidy is paid--to loan provider for the benefit of subsidised borrower
57 How subsidy is paid--monthly subsidy
58 How subsidy is paid--subsidy lump sum
Division 5--Subsidy for surviving partners
Subdivision A--Surviving partners of subsidised borrowers
59 Surviving partners of subsidised borrowers--scope
60 Surviving partners of subsidised borrowers--joint interests in land
61 Surviving partners of subsidised borrowers--interest in land inherited by surviving partner etc.
62 Surviving partners of subsidised borrowers--interest in land not inherited by surviving partner etc.
Subdivision B--Surviving partners holding subsidy certificates
63 Subsidy for surviving partners--if they hold subsidy certificates
Subdivision C--Application of this Part
64 Subsidy for surviving partners--how this Part applies
65 Subsidy for surviving partners--if surviving partner eligible in his or her own right etc.
Division 6--Recovery of overpayments
66 Recovery of overpayments--scope
67 Recovery of overpayments--amount payable
68 Recovery of overpayments--from subsidised loan account
69 Recovery of overpayments--from sale of interest in land
70 Recovery of overpayments--in a court
Part 5--Review of decisions
Division 1--Internal review
71 Internal review--reviewable decisions
72 Internal review--persons whose interests are affected
73 Internal review--notice of reviewable decision and review rights
74 Internal review--applications for review of reviewable decisions
75 Internal review--review of reviewable decisions
Division 2--External review
76 External review--review by Administrative Review Tribunal of internal review decisions
Part 6--Administration
79 Use and disclosure of personal information
80 Delegation of Minister's power to make certain determinations
81 Delegation of Secretary's powers and functions
82 Alteration of rights
84 Appropriation
84A Payments of amounts purportedly by way of subsidy
84B Reports about payments of amounts purportedly by way of subsidy
85 Regulations
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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to 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 |
27, 2008 | 23 June 2008 | s 3-85: 1 July 2008 (s 2(1) item 2) |
| |
90, 2008 | 20 Sept 2008 | Sch 2: 20 Mar 2009 (s 2(1) item 6) | Sch 2 (item 2) | |
46, 2009 | 24 June 2009 | Sch 2: 22 July 2009 (s 2(1) item 3) | Sch 2 (items 4, 7, 11, 21, 23) | |
95, 2010 | 5 July 2010 | Sch 4: 2 Aug 2010 (s 2(1) item 5) | Sch 4 (item 2) | |
46, 2011 | 27 June 2011 | Sch 2 (items 520-522) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) | Sch 3 (items 10, 11) | |
197, 2012 | 12 Dec 2012 | Sch 5 (item 31) and Sch 6 (items 15-19): 12 Mar 2014 (s 2(1) items 3, 19) | Sch 6 (items 1, 15-19) | |
62, 2014 | 30 June 2014 | Sch 8 (items 107, 108) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 | 108, 2017 | 14 Sept 2017 | Sch 3 (item 10): 12 Oct 2017 (s 2(1) item 5) | -- |
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 | 67, 2018 | 29 June 2018 | Sch 2 (item 17): 29 Dec 2018 (s 2(1) item 3) | -- |
Defence Legislation Amendment (Miscellaneous Measures) Act 2020 | 45, 2020 | 25 May 2020 | Sch 1: 22 June 2020 (s 2(1) item 2) | Sch 1 (items 5-8) |
61, 2022 | 29 Nov 2022 | 1 Jan 2023 (s 2(1) item 1) | Sch 1 (items 15-20) | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 8 (item 3): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 46, 2009; No 62, 2014; No 108, 2017 |
s 5..................... | am No 95, 2010 |
Part 2 |
|
s 8..................... | am No 46, 2009; No 61, 2022 |
s 10.................... | am No 46, 2009; No 61, 2022 |
s 11.................... | am No 46, 2009 |
Part 3 |
|
Division 2 |
|
s 16.................... | am No 46, 2009 |
s 17.................... | am No 45, 2020; No 61, 2022 |
s 18.................... | am No 45, 2020; No 61, 2022 |
Division 3 |
|
s 22.................... | am No 46, 2009 |
Part 4 |
|
Division 1 |
|
Subdivision A |
|
s 26.................... | rs No 46, 2009 |
s 28.................... | am No 46, 2009 |
Subdivision B |
|
s 34.................... | am No 46, 2009 |
Subdivision C |
|
s 36.................... | am No 61, 2022 |
Division 2 |
|
s 47.................... | am No 45, 2020 |
Division 3 |
|
Subdivision A |
|
s 51.................... | am No 46, 2009; No 61, 2022 |
s 51A................... | ad No 46, 2009 |
s 51B................... | ad No 46, 2009 |
s 51C................... | ad No 46, 2009 |
Part 5 |
|
Division 1 |
|
s 71.................... | am No 61, 2022 |
s 75.................... | am No 38, 2024 |
Division 2 |
|
s 76.................... | am No 38, 2024 |
Part 6 |
|
s 79.................... | am No 197, 2012 |
s 80.................... | am No 46, 2011 |
s 81.................... | am No 46, 2009; No 46, 2011; No 67, 2018 |
s 83.................... | am No 90, 2008 |
rep No 62, 2014 | |
s 84A................... | ad No 61, 2022 |
s 84B................... | ad No 61, 2022 |