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First Home Owners Act 1983 No. 46 of 1983 - SECT 42

Regulations

42. (1) The Governor-General may make regulations, not inconsistent with this
Act, prescribing matters-

   (a)  required or permitted by this Act to be prescribed; or

   (b)  necessary or convenient to be prescribed for carrying out or giving
        effect to this Act.

(2) Without limiting the generality of the power to make regulations conferred
by sub-section (1), the regulations may make provision for and in relation to-

   (a)  the amounts in which payments of assistance are to be made;

   (b)  the manner in which assistance is to be paid;

   (c)  where assistance is payable by way of periodical payments, the period
        within which those payments are to be made;

   (d)  the consequences of the death of applicants entitled to assistance;

   (e)  the circumstances, and the manner, in which amounts of assistance paid
        to applicants who have died may be recovered;

   (f)  the circumstances in which applicants entitled to assistance may cease
        to be so entitled;

   (g)  the circumstances in which applicants who have ceased to be entitled
        to assistance may resume their entitlement;

   (h)  the circumstances in which amounts of assistance are payable to
        applicants in consequence of their resumption of entitlement to
        assistance, and the circumstances, and the manner, in which amounts so
        paid are recoverable;

   (j)  the manner in which, and the conditions subject to which, applicants
        who have resumed their entitlement to assistance may request the
        payment of that assistance; and

   (k)  prescribing penalties not exceeding $1,000 for offences against the
        regulations.

(3) Without limiting the generality of sub-section (2), the regulations may
provide for-

   (a)  greater amounts of assistance to be payable to applicants who have
        dependent children;

   (b)  different scales of the amounts of assistance depending upon the
        option of applicants; and

   (c)  the manner in which such options are to be exercised.

(4) The power to make regulations conferred by this Act shall not be taken, by
implication, to exclude the power to make provision for or in relation to a
matter by reason only of the fact that-

   (a)  provision is made by this Act in relation to that matter or another
        matter; or

   (b)  power is expressly conferred by this Act to make provision by
        regulation for or in relation to another matter.

(5) The power to make regulations conferred by this Act may be exercised-

   (a)  in relation to all cases to which the power extends, or in relation to
        all those cases subject to specified exceptions, or in relation to any
        specified cases or classes of case; and

   (b)  so as to make, as respects the cases in relation to which it is
        exercised, the same provision for all those cases or different
        provision for different cases or classes of case. 


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