Commonwealth Numbered Acts

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Home Deposit Assistance Act 1982 No. 40 of 1982 - SECT 14

Trusts, &c.

14. (1) Where-

   (a)  the owner of land or a dwelling holds the land or dwelling in trust
        for another person; or

   (b)  a person has entered into a contract for the purchase of land or a
        dwelling to be held in trust for another person,
and the Secretary is satisfied that the other person will become the owner of
the land or dwelling, the other person shall, for the purposes of this Act,
other than sections 26 and 27, be deemed to be the owner of the land or
dwelling or to have entered into the contract for the purchase of the land or
dwelling, as the case may be.

(2) Where-

   (a)  a person has entered into a contract for the construction by a
        building-contractor of a dwelling, being a dwelling that the Secretary
        is satisfied will be owned by the person as trustee for another
        person; or

   (b)  a person has, at the request of another person, entered into a
        contract, otherwise than as an agent of the other person, for the
        construction by a building-contractor of a dwelling, being a dwelling
        that the Secretary is satisfied will be owned by the other person,
the other person shall, for the purposes of this Act, be deemed to have
entered into the contract.

(3) Section 11 has effect in relation to paragraphs (1) (a) and (b) and (2)
(a) of this section as if there were omitted from sub-sections 11 (1) and (2)
the words '', otherwise than as trustee,'' (wherever occurring).

(4) For the purposes of this Act, where, on a particular date-

   (a)  moneys are held in trust; and

   (b)  a person has, or 2 or more persons jointly have, a beneficial interest
        in respect of an ascertainable amount of those moneys,
an amount equal to that amount shall be deemed to be held by the person or
persons in the same form as that in which those moneys are held by the
trustee, and where an amount of those moneys is paid or expended by the
trustee on account of the interest of the person or persons for a particular
purpose, an amount equal to the amount so paid or expended shall be deemed to
have been paid or expended for that purpose by that person or those persons.

PART III-GRANTS OF ASSISTANCE

Division 1-Application for, and Making of, Grants 


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