Defence Service Homes Act 1918

In this Act, unless the contrary intention appears:

is or was a member of the Naval, Military or Air Forces of Australia enlisted or appointed for or employed on active service outside Australia or on a ship of war; or

is or was a member of any nursing service maintained by the Commonwealth in connexion with the Defence Force of the Commonwealth or any part thereof accepted or appointed for service outside Australia; or

served in the Naval, Military or Air Forces of any part of the Sovereign’s dominions, other than the Commonwealth, and who proves to the satisfaction of the Secretary that he had, before his enlistment or appointment for service, resided in Australia or a Territory; or

was a member of any nursing service maintained by the Government of any part of the Sovereign’s dominions other than the Commonwealth, in connexion with the Naval, Military or Air Forces of that part, and who proves to the satisfaction of the Secretary that she had, before her appointment to that service, resided in Australia or a Territory;

was so enlisted, accepted, appointed or employed before 3rd September, 1945; or

was so enlisted, accepted, appointed or employed on or after that date and before 1 July 1951, and who has been discharged or who has ceased to be engaged on war service as defined in section 4 of the Defence Act 1903‑1945;

a person who, as a member of the Defence Force, rendered continuous full‑time service outside Australia:

as a member of a unit of the Defence Force that was allotted for duty, within the meaning of the Veterans’ Entitlements Act 1986 as provided in subsection 5B(2) of that Act; or

as a person who was allotted for duty, within the meaning of the Veterans’ Entitlements Act 1986 as provided in subsection 5B(2) of that Act;

a person who, as a member of the Defence Force or as a member of a unit of the Defence Force, was allotted for duty within the meaning of subsection 5B(2) of the Veterans’ Entitlements Act 1986 in the operational area described in item 9 of Schedule 2 to that Act during the period specified in that item;

a person who, as a member of the Defence Force or as a member of a unit of the Defence Force, was allotted for duty within the meaning of subsection 5B(2) of the Veterans’ Entitlements Act 1986 in an operational area described in item 10, 11, 12, 13, 14 or 15 of Schedule 2 to that Act during the period specified in that item and whose first service in the Defence Force began on or before 14 May 1985;

a member of the Defence Force who is taken, because of section 6D of the Veterans’ Entitlements Act 1986, to have rendered operational service (within the meaning of that Act);

a member of the Defence Force:

whose first service in the Defence Force began on or before 14 May 1985; and

who is taken, because of section 6DB or 6E of the Veterans’ Entitlements Act 1986, to have rendered operational service (within the meaning of that Act);

a member of the Defence Force:

whose first service in the Defence Force began on or before 14 May 1985; and

who has rendered warlike service;

a national serviceman;

a regular serviceman; and

a person who:

was appointed for service outside Australia as a representative of an approved welfare organization with a body, contingent or detachment of the Defence Force;

as such, served outside Australia on or after the third day of September, 1939, with that body, contingent or detachment; and

would, if during that service he had been a member of the Defence Force allotted for duty with that body, contingent or detachment, be, by reason of that service, an Australian soldier as defined by a provision of this definition other than paragraph (h) or (i) or this paragraph.

of a subsidised advance in respect of which subsidy is payable; or

secured by a specified portfolio asset (other than a contract of sale) which vests in the Bank under section 6B and in respect of which subsidy is payable and includes an assignee in relation to a subsidised advance.

the Bank; or

any other credit provider (within the meaning of the Privacy Act 1988) that is the party to an agreement (within the meaning of this Act).

the person so mentioned:

is dead; and

at the time of death, was not legally married and did not have a de facto partner; and

one of the following subparagraphs applies:

the parent is a widow or widower and was dependent on the person before the person became an eligible person;

the parent’s spouse or de facto partner is so incapacitated as to be unable to contribute materially to that parent’s support.

a house or building used or to be used by a person, who is included in paragraph (b) or (d) of the definition of Australian Soldier, as a hospital, sanatorium or nursing home; and

the appurtenances, outbuildings, fences, and permanent provision for lighting, water supply, drainage and sewerage provided in connexion with a dwelling‑house;

is an Australian soldier;

is a munition worker;

is a war worker;

is a member of the Young Men’s Christian Association who, during the First World War, was accepted for service with and served abroad with the Naval or Military Forces of Australia as a representative of that Association;

has been awarded, in respect of his employment during the First World War, the Australian Mercantile Marine War Zone Badge, or the British Mercantile Marine Medal; and was during such employment domiciled in Australia or a Territory;

after the commencement of the Second World War, and before the commencement of the War Service Homes Act 1946, was employed under agreement as master, officer or seaman, or under indenture as apprentice, in sea‑going service:

on a ship engaged in trading between a port of a State or Territory and any other port, whether a port of a State or Territory or not; or

on a ship being a troop transport or hospital ship;

not being a person to whom the last preceding paragraph applies, was, after the commencement of the Second World War, and before the commencement of the War Service Homes Act 1946, employed, otherwise than as a member of the Defence Force, in sea‑going service on a ship being a ship of war, troop transport or hospital ship, and was, during that employment, domiciled in Australia or a Territory;

a member of the Defence Force or a former member of the Defence Force; or

a member of a Peacekeeping Force or a former member of a Peacekeeping Force; or

a widow or widower of a person covered by paragraph (a) or (b).

a person covered by paragraph (a) of the definition of veteran in subsection 5C(1) of the Veterans’ Entitlements Act 1986; or

a member of the Forces (within the meaning of subsection 68(1) of that Act); or

a member of a Peacekeeping Force (within the meaning of subsection 68(1) of that Act); or

a widow or widower (within the meaning of subsection 5E(1) of that Act) of a person covered by paragraph (a), (b) or (c) of this definition.

has been a purchaser or borrower as defined in this section (as in force before, on or after the commencing day), otherwise than:

merely because the person is or was the personal representative of a deceased purchaser or borrower as so defined; or

merely because the person is or was a joint purchaser or borrower as so defined with the person’s spouse or de facto partner and became such a purchaser or borrower on the basis that the person’s spouse or de facto partner was an eligible person; and

is not such a purchaser or borrower immediately before the advance is made.

that is the principal home of an eligible person; and

that is not owned, wholly or partly, by the eligible person; and

that is, or is a part of, a private residence; and

in respect of which the eligible person has a right of accommodation for an indefinite period.

land of which he or she is the beneficial owner in fee simple; or

land of which he or she is the lessee under a Crown lease in perpetuity from a State; or

land of which he or she is the lessee under a lease granted for a term of not less than 99 years from a State or from a local governing body; or

land in a Territory of which he or she is the lessee under a lease from Australia or from the Administration of the Territory, being:

a lease in perpetuity;

a lease granted for a term of not less than 99 years; or

in the case of Norfolk Island—a lease granted for a term of not less than 28 years; or

a suburban holding held by him or her under the Crown Lands Consolidation Act, 1913 of New South Wales or under that Act as amended at any time or under an Act enacted in substitution for that Act, being a suburban holding an application for which has been confirmed in accordance with the law of that State; or

a unit defined in a units plan registered in accordance with a law of the Australian Capital Territory relating to unit titles, being a unit of which he or she is the lessee under a lease from Australia; or

land which he or she holds by way of a company title; or

land of which he or she is the lessee under a lease that a credit provider considers is adequate security for a subsidised advance to be made to him or her.

An interest in a holding may be a joint interest in accordance with section 4AB.

merely because the person is or was the personal representative of a deceased purchaser or borrower as so defined; or

merely because the person is or was a joint purchaser or borrower as so defined with the person’s spouse or de facto partner and became such a purchaser or borrower on the basis that the person’s spouse or de facto partner was an eligible person.

any interest in, or power over, property securing obligations of a borrower or guarantor; and

a credit provider’s title to land or goods that are subject to a sale by instalments.

entered into an agreement with the Commonwealth or the Minister of State for Defence to proceed to Great Britain for the purpose of:

engaging in the work of producing munitions for the Imperial Government or otherwise; or

serving under the Imperial Government in the Ministry of Munitions; and

engaged in the work of producing munitions for the Imperial Government or otherwise or served under the Imperial Government in the Ministry of Munitions, and whose agreement with the Commonwealth or the Minister of State for Defence was not determined by reason of his failure to observe and perform any term or condition contained in the agreement, or by reason of his dismissal from any work in Great Britain during the continuance of the agreement because of any conduct of the worker which, in the opinion of the Minister, was such as to justify the determination of the agreement.

a retirement village registered under an approved law of a State or Territory; or

in the case of a State or Territory that has no approved law—a retirement village within the meaning of the Veterans’ Entitlements Act 1986; or

a granny flat.

under subsection 4BB(2) (revocation of surrender election);

refusing to issue a notice of eligibility, a certificate of entitlement or a certificate of assignment;

determining an amount under section 25;

cancelling subsidy under section 26;

giving the Bank a notice of the intended cancellation of subsidy under section 27;

cancelling a subsidy under section 27A;

requiring a person to pay an amount under section 29;

determining a maximum term under section 36;

refusing to extend the period for making an application for review under section 43; or

giving, or refusing to give, an approval under section 45A.

an advance made by a credit provider in accordance with a certificate of entitlement; or

an initial advance that the Bank is taken to have made under section 37.

an account established by the Bank for the purpose of administering a specified portfolio asset; or

an account established by any credit provider for the purpose of administering a subsidised advance.

amends the Bank agreement; and

is expressed to be a supplementary agreement to the Bank agreement;

the Bank agreement;

an agreement or arrangement in force between the Commonwealth and a credit provider other than the Bank for the provision by the credit provider of subsidised advances or other benefits under this Act.

For the purposes of the definition of Australian Soldier in subsection (1), a person shall not be taken to be an Australian soldier in relation to the warlike operations in or in connection with Korea after 26 June 1950, or the warlike operations in or in connection with Malaya after 28 June 1950, unless:

that person was allotted for duty in an operational area within the meaning of subsection 5B(2) of the Veterans’ Entitlements Act 1986 in connection with those operations before 1 September 1957 and, if he was so allotted while in Australia, or in the part of the Sovereign’s dominions other than the Commonwealth, as the case may be, he left the last port of call in Australia or in that other part of the Sovereign’s dominions before that date for the purpose of serving in connection with those operations; or

that person, not being a person to whom paragraph (a) applies, served, on or after 1 September 1957 and before 28 May 1963, in an area prescribed to be, or to have been, an operational area for the purposes of this paragraph.

Subject to subsection (2AA), for the purposes of paragraph (a) of the definition of Australian Soldier in subsection (1), a person who is or was:

a member of the Citizen Military Forces;

a member of the Women’s Royal Australian Naval Service, the Australian Women’s Army Service or the Women’s Auxiliary Australian Air Force;

a member of the Australian Army Medical Women’s Service but not a member of the Australian Imperial Force; or

a member of the Voluntary Aid Detachment;

Subsection (2A) does not apply in relation to a person who, during the Second World War, was:

a member of the Women’s Royal Australian Naval Service, the Australian Women’s Army Service or the Women’s Auxiliary Australian Air Force; or

a member of the Australian Army Medical Women’s Service, other than a member of the Australian Imperial Force; or

a full‑time paid member of the Voluntary Aid Detachment.

For the purposes of the definitions of further advance and initial advance in subsection 4(1), a person of a kind referred to in subsection (2AA) is not taken to have been a purchaser or borrower, merely because the person previously became a purchaser or borrower on the basis that:

the person’s spouse or de facto partner is or was an eligible person, and as a result they were, under subsection 4A(1), treated together as an eligible person for the purposes of this Act; or

the person’s spouse or de facto partner was an eligible person, and the person became an eligible person because her spouse or de facto partner died; or

the person is an eligible person because she is a dependent parent.

For the purposes of the definitions of further advance and initial advance in subsection 4(1), a man who:

was an eligible person in his own right; and

is the widower of a person of a kind referred to in subsection (2AA);

he was an eligible person in his own right; or

his spouse or de facto partner was an eligible person and they were, under subsection 4A(1), together treated as an eligible person for the purposes of this Act; or

his spouse or de facto partner was an eligible person and he became an eligible person because his spouse or de facto partner died; or

he was an eligible person because he was a dependent parent.

For the purposes of paragraph (c) of the definition of Australian Soldier in subsection (1), a person shall not be taken to have served in the Naval, Military or Air Forces of any part of the Sovereign’s dominions, other than the Commonwealth, unless he served in such Forces:

in an operational area outside the country or place of his enlistment or appointment for service; or

as a combatant in an active combat unit.

Subject to subsection (2D), an Australian soldier who, by reason of his misconduct or misbehaviour:

was discharged from, or otherwise ceased to be a member of, the Naval, Military or Air Forces of Australia; and

is included in a class of members specified in the Schedule to the War Gratuity Act 1945;

Where the relevant misconduct or misbehaviour of an Australian soldier referred to in subsection (2C) consisted only of his absence without leave, the Secretary may treat him as an eligible person for the purposes of this Act if the Secretary, having regard to the quality of his service outside Australia, considers it appropriate to do so.

Where, in the case of a person, being a female, who is:

a person described in paragraph (g) of the definition of Australian soldier in subsection 4(1); or

a regular serviceman;

Where:

an applicant is the lessee of land under a lease for a term of years from the Commonwealth, the Administration of a Territory or a State, being a lease under which he is entitled, on the fulfilment of the terms, conditions and covenants of the lease, to a grant in fee simple of the land; and

the applicant satisfies the Secretary that the applicant has a reasonable prospect of carrying out the terms, conditions and covenants of the lease;

Where:

an applicant is purchasing land from a State on terms that entitle him, on compliance with specified conditions, to a grant in fee simple of the land; and

the applicant satisfies the Secretary that the applicant has a reasonable prospect of complying with those conditions;

For the purposes of this Act a person is taken, subject to subsection (7), to have a right of residence in a retirement village if the person has a right of permanent residence in the retirement village, subject to any contractual conditions governing the person’s residence.

For the purposes of this Act a person is not taken to have a right of residence in a retirement village if the person’s right of residence is derived from the person’s interest in a holding of the person.

In this Act, a reference to a person’s retirement village accommodation means that part of a retirement village in which the person has, or the person and the person’s spouse or de facto partner have, obtained a right of residence.

A reference in this Act to an advance that a person may seek from a credit provider, includes a reference to such an advance that a person may seek from a credit provider on behalf of an assignee, or a proposed assignee, of the person.

A reference in this Act to an assignee of a person is a reference to another person in relation to whom the first‑mentioned person is an assignor.

For the purposes of the definitions of further advance and initial advance in subsection 4(1), if the subsidised advance in question is an assigned advance in respect of an assignor:

a reference in those definitions to the person to whom the advance in question is made is a reference to the assignee; and

the assignee is not taken to have previously been a purchaser or borrower merely because the assignee previously became a purchaser or borrower, either as an eligible person in his or her own right or as an assignee in relation to another assignor.

For the purposes of paragraph (b) of the definition of further advance in subsection 4(1), a person is not taken to have been a purchaser or borrower immediately before an assigned advance is made, merely because the person is a purchaser or borrower, as an assignee, in relation to an assignor other than the one in question.

For the purposes of the definitions of further advance and initial advance in subsection 4(1), a person who has been an assignor is taken to have been a borrower unless the person:

was an assignor merely because the person is or was the personal representative of a deceased assignor; or

was an assignor merely because the person is or was an assignor together with the person’s spouse or de facto partner, and became such an assignor on the basis that the person’s spouse or de facto partner was an eligible person.