Defence Service Homes Act 1918

Subsection 4A(2)

(a) Omit “Any such husband and wife”, substitute “A husband and wife who are joint tenants”.

(b) Omit “an eligible person”, substitute “a”.

(c) Omit “this Act”, substitute “the mortgage, contract of sale or other security”.

Subsection 18A(3)

Omit “The cost so allotted”, substitute “The cost allotted to a dwelling‑house by the Corporation under subsection 18A(1) of the Defence Service Homes Act 1918 as in force before the commencement of section 10 of the Defence Service Homes Amendment Act 1988 for the making of roads or other facilities affording access to the dwelling‑house or for connecting sewerage, drainage, water, gas and electric power and lighting systems to the dwelling‑house”.

Subsection 18A(3A)

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Subsection 18A(3B)

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Subsection 18A(4)

(a) After “section 36” insert “as that provision applies as a term or condition of a portfolio asset which vests in the Bank under subsection 6B (9) of the Defence Service Homes Act 1918”.

(b) Omit “or advance under this Act”, substitute “, mortgage or other security”.

Section 19

(a) Omit subsections (1), (1A), (2), (3) and (4).

(b) Omit from subsection (6) “to the Corporation”.

(c) Insert in subsection (6) “as those provisions apply as terms or conditions of a portfolio asset which vests in the Bank under subsection 6B(9) of the Defence Service Homes Act 1918” after “regulations”.

(d) Omit from subsection (6) “prescribed notice”, substitute “notice prescribed in regulation 10 as that provision applies as a term or condition of a portfolio asset which vests in the Bank under subsection 6B(9) of the Defence Service Homes Act 1918”.

(e) Omit from subsection (6) “prescribed form”, substitute “form prescribed in regulation 9 as that provision applies as a term or condition of a portfolio asset which vests in the Bank under subsection 6B(9) of the Defence Service Homes Act 1918”.

(f) Insert in subsection (6) “, together with such other documentation setting out terms of repayment as is required by the Bank,” after “contract of sale” (third occurring).

(g) Omit subsection (7), substitute the following subsection:

“(7) The mortgage and documentation executed by the person under subsection (6) must provide for:

(a) interest to be payable on the amount secured under the mortgage, being the balance of the amount payable under the contract of sale immediately before the date of the mortgage, at the same rate that was payable on that balance;

(b) where different rates of interest were payable on different parts of the balance referred to in paragraph (a), the amount secured by the mortgage is to be taken to be divided into equivalent parts with the rate of interest payable on each of those parts to be the same as that payable on the equivalent part of the balance;

(c) the repayment period for the amount secured by the mortgage to be the period over which the balance referred to in paragraph (a) would have been payable under the contract of sale;

(d) the amount of each monthly instalment required to repay the amount secured by the mortgage to be the same instalment required to repay the balance referred to in paragraph (a) under the contract of sale; and

(e) such other terms and conditions as are applicable to a subsidised advance within the meaning of the Defence Service Homes Act 1918.”.

(h) Omit from subsection (8) “this section”, substitute “subsection 19(6) of the Act as that provision applies as a term or condition of a portfolio asset which vests in the Bank under subsection 6B(9) of the Defence Service Homes Act 1918”.

Subsection 27(1)

Omit “this Act”, substitute “the Defence Service Homes Act 1918 as in force before the commencement of section 10 of the Defence Service Homes Amendment Act 1988”.

Subsection 27(2)

Omit “this Act or the Regulations thereunder”, substitute “the mortgage, contract of sale or other security”.

Subsection 29(1)

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Subsection 29(1A)

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Subsection 29(1C)

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Subsection 29AA(3)

Omit “A reduction under the last preceding subsection in the amount of the instalment”, substitute “A reduction, approved by the Minister under subsection 29AA(2) of the Defence Service Homes Act 1918 as in force before the commencement of section 10 of the Defence Service Homes Amendment Act 1988 in the amount of the instalment required to be paid under the contract of sale, mortgage or other security”.

Subsection 29AA(6)

(a) After “work done” insert “by the Corporation to keep in good order and repair the buildings, fences, fixtures and other improvements on the land”.

(b) After “payments made” insert “by the Corporation to pay rates, taxes, charges or other outgoings in relation to the land or land and dwelling‑house”.

(c) Omit “under subsection (4) or subsection (5)”, substitute “by the Minister under subsection 29AA(4) or (5) of the Defence Service Homes Act 1918 as in force before the commencement of section 10 of the Defence Service Homes Amendment Act 1988”.

(d) Omit “, subject to subsection (8),”.

Subsection 29AA(7)

After “section 36” insert “as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918”.

Subsection 29AB(3)

Omit “The reduction under subsection (2) in the amount of the instalment”, substitute “A reduction, approved by the Minister under subsection 29AB(2) of the Defence Service Homes Act 1918 as in force before the commencement of section 10 of the Defence Service Homes Amendment Act 1988, in the amount of the instalment required to be paid under the contract of sale, mortgage or other security”.

Section 30

(a) Omit subsection (3).

(b) Insert in paragraph (4)(b) “of the Defence Service Homes Act 1918 as in force before the commencement of section 10 of the Defence Service Homes Amendment Act 1988” after “20A”.

Subsection 30A(1)

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Subsection 30A(2)

Omit from paragraph (a) “this Act or the regulations, or”.

Subsection 30A(2A)

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Subsection 30A(3)

Omit “this Act”, substitute “the mortgage, contract of sale or other security”.

Subsection 30A(4)

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Subsection 30A(7)

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Section 31

(a) Omit from paragraph (2)(a) “10 per centum per annum”, substitute “the rate determined by the Bank”.

(b) Insert in paragraph (2)(b) “as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918” after “section 36”.

(c) Omit from paragraph (2)(b) “or advance under this Act”, substitute “mortgage or other security”.

Section 32

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Section 32A

Omit from subsection (2) “section 4A”, substitute “section 4A of the Defence Service Homes Act 1918 as in force before the commencement of section 10 of the Defence Service Homes Amendment Act 1988”.

Section 34

Omit “or 33”.

Subsection 35(1)

Omit paragraph (1)(b).

Subsection 35(1A)

Omit “in pursuance of paragraph (b) of the last preceding subsection, to a person who is not an eligible person,”, substitute “without the consent of the Bank”.

Subsection 35(2A)

(a) Omit “Corporation under paragraph (b) of the last preceding subsection in respect of”, substitute “Commonwealth or Corporation in respect of the transfer of”.

(b) Omit “Corporation may”, substitute “Bank may”.

Subsection 35(4)

After “section 36” insert “as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918”.

Subsection 35(5)

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Subsection 35(6)

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Subsection 36(1)

(a) Omit “or advance under this Act”, substitute “mortgage or other security”.

(b) Omit “although no legal demand has been made for payment”.

Subsection 36(1A)

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Subsection 36(1B)

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Subsection 36(1C)

(a) Omit from paragraph (a) “10 per centum per annum”, substitute “the rate determined by the Bank”.

(b) Omit from paragraph (b) “this Part”, substitute “this provision”.

Subsection 36(2)

Omit “to the Commonwealth for payment by the Commonwealth to the persons appearing to the Minister to be entitled to receive it”, substitute “to the person legally entitled to receive it”.

Subsection 36(3)

Omit “or advance under this Act”, substitute “, mortgage or other security”.

Subsection 36(4)

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Subsection 36A(1)

(a) Omit “Corporation” (other than the first two times occurring), substitute “Bank”.

(b) Omit “transfer his interest in the dwelling‑house or”.

(c) Omit “transfer his interest or”.

Subsection 36A(3)

(a) Omit “to transfer his interest to the Corporation or”.

(b) After “section 36” insert “as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918”.

Subsection 38(4D)

(a) Omit “by reason of an advance or sale by the Corporation”.

(b) Omit from paragraph (a) “Corporation”, substitute “Defence Service Homes Insurance Scheme”.

(c) Insert in paragraph (b) “or is approved by the Bank from time to time” after “with the Corporation”.

Subsection 38(4E)

(a) Omit “(4D)”, substitute “38(4D) of the Defence Service Homes Act 1918 (as in force before the commencement of section 10 of the Defence Service Homes Amendment Act 1988) as a term or condition under section 6B of that Act as in force on or after that commencement”.

(b) Omit “with the Corporation”, substitute “under the Defence Service Homes Insurance Scheme”.

(c) Omit “to the Corporation” (second time occurring), substitute “to the Commonwealth”.

(d) Omit “by the Corporation”, substitute “under the Defence Service Homes Insurance Scheme”.

Subsection 43(1)

(a) Omit “by this Act”, substitute “in relation to a contract of sale, mortgage or other security”.

(b) Omit from paragraph (a) “purchased from, or in respect of which an advance has been made by, the Corporation”, substitute “secured by the contract of sale, mortgage or other security”.

(c) Omit from subparagraph (b)(ii) “purchased from, or in respect of which an advance has been made by, the Corporation”, substitute “secured by the contract of sale, mortgage or other security”.

Subsection 43(2)

(a) Omit “this Act or the Regulations”, substitute “a contract of sale, mortgage or other security”.

(b) Omit “by the holder of an office specified by the Corporation by notice published in the Gazette”, substitute “by an officer of the Bank”.

Section 44

Omit “Notwithstanding any other provision of this Act, where”, substitute “Where”.

Section 45

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Section 46

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Section 48AB

(a) Omit from subsection (1) “The Minister may, either generally or with respect to a particular case or a particular class of cases, give directions to the Corporation with respect to the payment by the Corporation of rates,”, substitute “The Bank may pay rates, insurance premiums,”.

(b) Omit from subsection (2) “in accordance with a direction under the last preceding subsection”.

(c) Omit from paragraph (2)(b) “at 10 per centum per annum”, substitute “at such rate as the Bank determines”.

Section 48B

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Section 48C

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Section 49

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Regulation 9

(a) After “of the Act” insert “as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918”.

(b) After “is situated” insert “and which is otherwise in a form acceptable to the Bank”.

Regulation 10

After “of the Act” insert “as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918”.

Regulation 13

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Regulation 14

Omit “Subject to section 17B of the Act, each”, substitute “Each”.

Regulation 15

(a) Omit “by the Corporation”, substitute “by a Manager of the Bank”.

(b) After “Corporation shall” insert “, as between the Bank and the purchaser, borrower, tenant or applicant,”.

Regulation 17

(a) Omit from paragraph (b) “in accordance with an agreement for the erection, completion or enlargement of a dwelling‑house by the Corporation under section 17A of the Act,”.

(b) Omit “the mortgage or by the Act or these Regulations”, substitute “a term or condition of the mortgage”.

Regulation 18

(a) After “of the Act” insert “, as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918,”.

(b) Omit from subregulation (1) “with the Act”, substitute “with that subsection”.

Regulation 20

After “of the Act” insert “, as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918,”.

Regulation 21

(a) Omit “it is proved to the satisfaction of the Corporation that”.

(b) After “of the Act” insert “, as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918,”.

Regulation 24

Omit “for the purposes of section 46 of the Act”.

Subregulation 32(1)

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Regulation 33

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Regulation 35

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Regulation 36

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Regulation 37

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Regulation 38

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Regulation 39

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Regulation 40

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Regulation 42

(a) Omit from paragraph (a) “satisfactory to”, substitute “to the reasonable satisfaction of”.

(b) Omit from paragraph (b) “approved by the Corporation”.

(c) Omit paragraph (c).

Regulation 43

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Regulation 44

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Regulation 74A

After “of the Act” insert “, as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918,”.

Subregulation 74B(1)

After “of the Act” insert “, as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918,”.

Subregulation 74B(2)

After “of the Act” insert “, as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918,”.

Subregulation 74C(1)

(a) After “of the Act” insert “, as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918,”.

(b) Omit “in accordance with Form B”.

Subregulation 74C(2)

After “of the Act” insert “, as that provision applies as a term or condition of a portfolio asset which vests in the Bank under section 6B of the Defence Service Homes Act 1918,”.

Regulation 74E

Omit “under this Part”, substitute “of determination of tenancy”.

Regulation 74F

(a) Omit “under this Part”, substitute “of determination of tenancy”.

(b) Omit “, in accordance with Form CA,”.