Western Australian Repealed Acts

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This legislation has been repealed.

RURAL HOUSING (ASSISTANCE) ACT 1976 - SECT 15

15 .         Approval of applications

        (1)         The Authority shall consider any application made to it under section 14 and may approve the application on such terms and conditions as it thinks fit or may refuse the application, but in any event, the Authority shall not approve the application unless —

            (a)         where the applicant is a natural person — the Authority is satisfied that the dwelling house in respect of which an advance is required is intended to be used by the applicant as a home for himself and his dependants or as a home for a person whose sole or principal activity is the carrying on of farming operations on behalf of the applicant;

            (b)         where the applicant is a body corporate — the Authority is satisfied that —

                  (i)         the applicant is an exempt proprietary company within the meaning of section 5 of the Companies (Western Australia) Code

                  (ii)         the farming operations carried on by the applicant on the holding concerned are solely or principally performed for or on behalf of the applicant by one or more natural persons holding shares in the share capital of the applicant; and

                  (iii)         the dwelling house in respect of which the advance is required is intended to be used by the person or persons referred to in subparagraph (ii) of this paragraph as a home for him or them and his or their dependants or as a home for a person whose sole or principal activity is the carrying on of farming operations on behalf of the applicant.

        (2)         Where the Authority approves an application made under this section it shall issue a certificate to the effect that the farmer is an approved farmer for the purposes of this Act, and shall include therein any terms and conditions to which that approval is subject.

        [Section 15 amended by No. 38 of 1981 s.2; No. 10 of 1982 s.28.]



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