Defence Service Homes Act 1918 (Cth)

Defence Service Homes Act 1918

No. 43, 1918

Compilation No. 31

Compilation date: 15 February 2025

Includes amendments: Act No. 10, 2025

About this compilation

This compilation

This is a compilation of the Defence Service Homes Act 1918 that shows the text of the law as amended and in force on 15 February 2025 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 I—Preliminary 1 Short title 2 Commencement 4 Interpretation 4AAA Regular Serviceman 4AAB National Serviceman 4AA Extension of Act to Norfolk Island 4AB Joint ownership 4A Eligible person and spouse or de facto partner may be treated together as eligible person 4BA Election to surrender eligible status 4BB Revocation of election to surrender eligible status 4B Approval of Bank agreement 4C Compensation for acquisition of property 4D Exclusion of Consumer Credit Codes in relation to subsidised advances 4E Application of the Criminal Code Part II—Administration 6 Delegation by Minister 6A Delegation by Secretary 6B Transfer of portfolio assets to the Bank 6C Dealings relating to vested portfolio assets 6D Transfer of certain other assets to Commonwealth Part III—Notices of eligibility, certificates of entitlement and certificates of assignment 15 Applications for notices and certificates 16 Notice of eligibility 17 Certificate of entitlement: advances 17A Criteria for issue of certificate of entitlement: joint ownership 18 Criteria for issue of certificate of entitlement: advances other than widow or widower advances, advances for essential repairs and home support advances 19 Criteria for issue of certificate of entitlement: further advance 20 Criteria for issue of certificate of entitlement: widow or widower advances 21 Criteria for issue of certificate of entitlement: advances made for essential repairs 21A Criteria for issue of certificate of entitlement: home support advances 22 Certificate of entitlement: transfer of property subject to specified portfolio asset or advance 23 Certificate of entitlement: instalment relief 23A Certificates of assignment Part IIIA—Unjust transactions 23AA Power to reopen unjust transactions 23B Matters to be considered by court 23C Unforeseen circumstances 23D Conduct 23E Orders on reopening of transactions 23F A court may review unconscionable fees and charges 23G Time limit 23H Exceptions 23J Legal and financial assistance 23K Jurisdiction of courts 23L Definition Part IV—Subsidy on advances etc. 24 Subsidy payable by Commonwealth 24A Condition of payment of subsidy—subsidy under one scheme only 25 Maximum amounts for which subsidy is payable 26 Cancellation of subsidy 27 Cancellation of subsidy where subclause 11.16 of the Bank agreement applies 27A Cancellation of subsidy if the eligible person dies 28 Deferral of subsidy by Minister 29 Recovery of subsidy 30 Waiver etc. Part V—Rates of interest, maximum terms, and conversions 31 Rate of interest on initial advances 32 Rate of interest on widow or widower advances 33 Rate of interest on additional advances 34 Rate of interest on further advances 35 Rate of interest on advances for essential repairs 35AAA Rate of interest on home support advance 35AA Interest rates reduced according to reduced Benchmark rate 35AB Reduction of certain single‑tiered rates of interest 35AC Replacement of multi‑tiered rates of interest with single rate 35AD Rates not altered for certain portfolio contracts of sale 35A Modifications of Bank agreement and other instruments 36 Maximum terms of advances 37 Conversion of contract of sale into mortgage Part VI—Defence Service Homes Insurance Scheme 38 Defence Service Homes Insurance Scheme 38A Powers of Commonwealth to be exercised by the Secretary 38B Transfer of assets and liabilities 38C Insurance of dwelling‑houses and rights of residence in retirement villages 38CB Powers of Commonwealth under this Part 38E Termination of insurance 38F Reinsurance 38G Payments for fire brigade services 38GA Payments for State Emergency Services 38H Limitation of liability of Commonwealth Part VIA—Other insurance activities 39 Other insurance activities Part VII—Finance 40 Defence Service Homes Insurance Account 40A Interest on amounts invested 41 Appropriation Part VIII—Miscellaneous 43 Internal review of reviewable decisions 44 Review of decisions by Administrative Review Tribunal 45 Certain provisions of Bank agreement not to be revoked or amended 45A Bankruptcy of purchaser or borrower 45B Exchange of information 45C Use and disclosure of personal information 46 Reports from inspectors and valuers 47 Dwelling‑houses for incapacitated soldiers 50A Improper use of certain words 50B Annual Report 51 Regulations Schedule 1—Agreement between the Commonwealth of Australia and Westpac Banking Corporation Schedule 1A—Agreement between the Commonwealth of Australia and Westpac Banking Corporation Schedule 2—Provisions of Defence Service Homes Act and regulations applying as terms and conditions of vested portfolio assets Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Miscellaneous