Family Benefits (Home Ownership) Act 1964

1: Short Title
This Act may be cited as the Family Benefits (Home Ownership) Act 1964.
2: Interpretation
1: In this Act unless the context otherwise requires,— advance Family Benefits (Home Ownership) Act 1958 applicant beneficiary was payable Social Security Act 1964 was payable capitalised value charge holder section 13 chief executive child was payable parent department Social Security Act 2018 dwelling family benefit Social Security Act 1964 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Act 2019 land Minister pay period the Social Security Act 1964 was payable
2: Where a family benefit is payable in respect of 2 or more children, then, for the purposes of this Act, a separate benefit shall be deemed to be payable in respect of each child. 1958 No 106 s 2 SR 1959/37 r 2 1961 No 25 ss 2(2), 3(a) Section 2(1) beneficiary amended 1 April 1991 Family Benefits (Home Ownership) Amendment Act 1991 Section 2(1) beneficiary amended 1 April 1965 section 135(1) Social Security Act 1964 Section 2(1) chief executive inserted 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 2(1) child amended 1 April 1991 Family Benefits (Home Ownership) Amendment Act 1991 Section 2(1) Commission repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 2(1) department substituted 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 2(1) department amended 26 November 2018 section 459 Social Security Act 2018 Section 2(1) family benefit substituted 1 April 1991 Family Benefits (Home Ownership) Amendment Act 1991 Section 2(1) Kāinga Ora–Homes and Communities inserted 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) Minister inserted 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 2(1) pay period amended 1 April 1991 Family Benefits (Home Ownership) Amendment Act 1991 Section 2(1) pay period amended 1 April 1965 section 135(1) Social Security Act 1964
3: Housing purposes
Subject to the provisions of section 7
a: the acquisition of land and the erection thereon of a new dwelling, to be used by the beneficiary as a home for the beneficiary and for the family of the beneficiary:
b: the acquisition of land with a dwelling thereon that has not previously been occupied, to be used by the beneficiary as a home for the beneficiary and for the family of the beneficiary:
c: the acquisition of land from the Crown with a dwelling thereon, to be used by the beneficiary as a home for the beneficiary and for the family of the beneficiary:
cc: the acquisition of land, otherwise than from the Crown, with a dwelling thereon that has been previously occupied, to be used by the beneficiary as a home for the beneficiary and for the family of the beneficiary:
d: the erection of a new dwelling on land already owned, to be used by the beneficiary as a home for the beneficiary and for the family of the beneficiary:
e: the making of alterations or additions to a dwelling to provide additional accommodation required for the needs of the family of the beneficiary:
f: the repayment or partial repayment of money owing under an obligation incurred on or before 1 January 1959, in—
i: the acquisition of land with a dwelling thereon or the acquisition of land and the erection of a dwelling thereon or the erection of a dwelling on land already owned; or
ii: the making of alterations or additions to a dwelling to provide additional accommodation required for the needs of the family of the beneficiary,— if the dwelling is being used and will continue to be used by the beneficiary as a home for the beneficiary and for the family of the beneficiary:
g: the repayment or partial repayment of money owing under an obligation incurred on or after 1 January 1959, where both the following conditions are satisfied:
i: the obligation was incurred for a housing purpose specified in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d); and
ii: at the time the obligation was incurred the beneficiary or the spouse of the beneficiary was residentially qualified for an advance but was not eligible because the child in respect of whom the benefit is payable was not born or had not attained the age of 1 year at that time:
h: the repayment, in whole or in part, of the unpaid balance of an advance previously made for housing purposes under this Act or under the Family Benefits (Home Ownership) Act 1958 chief executive section 19 1958 No 106 s 2A 1961 No 25 s 2(1) Section 3(cc) inserted 11 September 1969 Family Benefits (Home Ownership) Amendment Act 1969 Section 3(h) substituted 11 September 1969 Family Benefits (Home Ownership) Amendment Act 1969 Section 3(h) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Administration
4: Administration
1: This Act shall be administered in the department chief executive chief executive Minister
2: In the exercise of its powers, functions, and discretions under this Act the chief executive
3: A direction under this section is secondary legislation ( see Part 3 SR 1959/37 r 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 4(2) added 23 December 1977 section 3(2) Social Security Amendment Act (No 2) 1977 Section 4(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 4(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Delegation of powers of
chief executive
1: With the written consent of the Minister chief executive chief executive
2: Subject to the provisions of this section and to any general or special directions given or conditions attached by the chief executive
3: Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
4: Any delegation under this section may be made to a specified officer or to officers of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.
5: Any delegation under this section may be at any time revoked by the chief executive chief executive
6: Any applicant or beneficiary affected by any decision made by any officer in the exercise of any powers conferred on him by delegation under this section may, within 3 months after the communication of the decision to him, appeal therefrom to the chief executive
7: The chief executive chief executive Section 5 heading amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 5(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 5(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 5(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 5(6) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 5(7) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Advances for housing purposes
6: Advances for housing purposes
Subject to the provisions of this Act, and notwithstanding anything in the Social Security Act 1964 section 10 chief executive provided that—
a: where application is made for an advance against the capitalised value of the family benefits payable in respect of 2 or more children of the beneficiary, the advance together with the amount of the unpaid balance of any other advance under this Act or under the Family Benefits (Home Ownership) Act 1958 previously made to the beneficiary shall not exceed $4,000
b: no such advance shall be made of an amount which, together with the amount of any previous advance or advances under this Act or under the Family Benefits (Home Ownership) Act 1958 1958 No 106 s 3 1961 No 25 s 2(3)﻿(a), (b), (4) Section 6 amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 6 amended 1 April 1965 section 135(1) Social Security Act 1964 Section 6 proviso paragraph (a) amended 16 November 1982 Family Benefits (Home Ownership) Amendment Act 1982
6A: Cessation of advances for housing purposes
1: Notwithstanding anything in section 6 any applicant who has been granted an advance by Housing New Zealand Corporation or Kāinga Ora–Homes and Communities as a Homestart loan and designated as such by the Corporation or Kāinga Ora–Homes and Communities
2: Notwithstanding anything in section 10 chief executive Section 6A inserted 6 August 1986 Family Benefits (Home Ownership) Amendment Act 1986 Section 6A(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 6A(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
7: Land in respect of which advance may be made
1: No advance may be made, unless—
a: the beneficiary is the sole owner of the land in respect of which the advance is made or will be the sole owner of the land when acquired; or
b: the land in respect of which the advance is made is or will be settled on the beneficiary and the spouse of the beneficiary as a joint family home under the Joint Family Homes Act 1964
c: in the case of an advance made in respect of Maori freehold land,—
i: the beneficiary is the sole owner of the land or will be the sole owner of the land when acquired; or
ii: the beneficiary and the spouse of the beneficiary are the owners of the land as joint tenants or will be the owners of the land as joint tenants when acquired.
2: The chief executive 1958 No 106 s 6 Section 7(1)﻿(b) amended 1 April 1965 section 27(1) Joint Family Homes Act 1964 Section 7(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
8: Applications for advance
1: Every application for an advance shall be made by the beneficiary on a form provided for the purpose by the chief executive
2: Every beneficiary applying for an advance shall supply in writing such information in support of his application as the chief executive
3: Where the beneficiary is married, the chief executive
4: It shall be the duty of every person to make true answers to all questions put to him by any member of the Commission or by a Registrar of the department or by any authorised officer or agent of the department or of Kāinga Ora–Homes and Communities Te Puni Kōkiri SR 1958/37 r 4 Section 8(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 8(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 8(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 8(4) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(4) amended 1 January 1992 Ministry of Maori Development Act 1991
9: Declarations
Any declaration required to be made for the purpose of this Act may be made before—
a:
b: any person authorised to take a statutory declaration; or
c: in a case of a declaration by a Maori, any of the aforesaid persons or any officer of the permanent staff of Te Puni Kōkiri SR 1958/37 r 15 Section 9(a) repealed 26 November 2018 section 459 Social Security Act 2018 Section 9(c) amended 1 January 1992 Ministry of Maori Development Act 1991
10: Eligibility of beneficiaries
1: Where the chief executive chief executive chief executive provided that a certificate of eligibility shall not be issued to the applicant, unless—
a: the child in respect of whom the family benefit is payable has attained the age of 1 year; and
b: the chief executive
i: the application of the future payments of family benefit towards the repayment of any advance would not cause hardship to the applicant; and
ii: the applicant or the spouse of the applicant could not reasonably be expected to arrange finance from any other source; and
c: the applicant or the spouse of the applicant has resided in New Zealand for a period or periods aggregating not less than 3 years during the period of 10 years immediately preceding the date of his application for an advance.
2: For the purposes of this section a beneficiary shall be deemed to have resided in New Zealand during any period (whether before or after the commencement of this Act) during which, pursuant to section 79 Social Security Act 1964
3: Every certificate of eligibility shall continue in force for a period of 12 months, but may from time to time, on the application of the beneficiary, be renewed for further periods of 12 months: provided that the chief executive chief executive or the beneficiary requests that the certificate of eligibility be cancelled
4: The provisions of subsections (1) to (3) shall apply with respect to every application for the renewal of a certificate of eligibility as if it were an application for such a certificate: provided that the chief executive chief executive
5: The decision of the chief executive
6: Where a certificate of eligibility is issued to a beneficiary, and so long as it continues in force, the family benefit or benefits shall be withheld from the beneficiary on and from the date specified in the certificate as the date as at which the capitalised value of the benefit or benefits has been ascertained. SR 1959/37 r 6 SR 1961/161 r 4 Section 10(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 10(1) proviso paragraph (b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 10(2) amended 1 October 1998 section 57 Social Security Amendment Act 1998 Section 10(2) amended 1 April 1965 section 135(1) Social Security Act 1964 Section 10(3) proviso amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 10(3) amended 6 August 1986 Family Benefits (Home Ownership) Amendment Act 1986 Section 10(4) proviso amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 10(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
11: Advances to beneficiaries
Subject to the limits specified in section 6 chief executive SR 1959/37 r 7 SR 1961/161 r 5 Section 11 amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
12: Amount of advances
1: The capitalised value of a family benefit for the purposes of an advance shall be calculated in accordance with—
a: the table set out in Schedule 3
b: the table set out in Schedule 4 having regard to the number of pay periods that will occur from the date on which the benefit ceases to be payable to the beneficiary by reason of the advance until the end of the period for which the benefit is to be applied in repayment. If for any reason the family benefit is payable at a reduced rate, the capitalised value shall be calculated on the basis of the reduced rate.
2: An advance may be made of the capitalised value of a family benefit payable in respect of any child for a period expiring at the end of the pay period in which the child attains the age of 16 years or for any shorter period. SR 1959/37 r 8 SR 1961/141 r 6 Section 12(1) substituted 16 November 1982 Family Benefits (Home Ownership) Amendment Act 1982
13: Advances to be charged on land
1: The amount of an advance shall be a charge upon the land in respect of which it is made, and the charge may be registered against the land in the manner prescribed by section 14
2: Every charge created under this section shall be taken—
a: in favour of Her Majesty the Queen in any case where a loan on the security of the land has been granted or applied for under the Maori Housing Act 1935 Maori Trustee Act 1953
b: in favour of Kāinga Ora–Homes and Communities chief executive
3: Notwithstanding anything in any other Act, where the amount of any advance is applied in discharging or partially discharging any registered encumbrance existing on the land, the charge created by this section shall, when registered under the Land Transfer Act 1952
4: Where an advance is applied in payment or partial payment of purchase money owing under a registered agreement for sale and purchase of land or under a registered lease or licence under which the beneficiary or the beneficiary and the spouse of the beneficiary are purchasing the fee simple of the land, the charge securing the repayment of the advance shall charge the interest of the beneficiary or, as the case may be, of the beneficiary and the spouse of the beneficiary in the agreement or lease or licence (or the fee simple, if the advance is applied in payment in full of the purchase money), and shall rank immediately before all other encumbrances registered against the agreement or lease or licence or, where the advance is applied in payment in full of the purchase money, immediately before all encumbrances to which the agreement or lease or licence was subject immediately before the acquisition of the fee simple by the beneficiary or by the beneficiary and the spouse of the beneficiary: provided that the charge holder may agree to accept a lower ranking in order of priority.
5: For the purposes of section 461 of the Maori Affairs Act 1953
6:
7: The Property Law Act 2007
a: as if the charge were a mortgage over the land; and
b: as if references to the mortgagor and to the mortgagee were references to the person giving the charge and to the charge holder respectively.
7A: In particular, and without limiting the generality of subsection (7), there is implied in the charge,—
a: on the part of the person giving it, the covenants by the mortgagor specified in Part 1
b: in favour of the charge holder, the powers and conditions specified in that schedule.
8:
9: Every such charge in favour of Her Majesty the Queen may be enforced, sued upon, varied, or released on behalf of Her Majesty by any person for the time being authorised by the Board of Maori Affairs under section 30 section 10 of the Maori Affairs Act 1953 Maori Housing Act 1935
10: Nothing in section 11 1958 No 106 s 7 SR 1959/37 r 9 1961 No 25 s 2(3)﻿(c), (d) 1961 No 61 s 2 SR 1961/141 r 7 Section 13(2)﻿(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 13(2)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 13(6) repealed 1 April 1978 Public Finance Act 1977 Section 13(7) substituted 1 January 2008 section 364(1) Property Law Act 2007 Section 13(7A) inserted 1 January 2008 section 364(1) Property Law Act 2007 Section 13(8) repealed 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
14: Registration of charges and releases of charges
1: Registration of a charge created by section 13 form 1
2: Subject to the provisions of subsection (3) of section 13
3: Where any advance is repaid or deemed to have been repaid, the charge holder shall execute in form 2
4: Where the advance was made against the capitalised value of the family benefits payable in respect of 2 or more children, a partial release of the charge may be executed and registered when so much of the advance as was made in respect of the benefit payable in respect of any one such child has been repaid or is deemed to have been repaid. SR 1959/37 r 13
15: Repayment of advances
1: Subject to subsection (2) and to sections 18 19
2: Where the child in respect of whom a family benefit is payable dies after the expiration of 1 year from the date of the advance and before attaining the age in respect of which the capitalised value of the benefit was calculated for the purpose of the advance and before any event has occurred by reason of which the unpaid balance of the advance or any part thereof has become repayable, any advance, to the extent that it was made in respect of that benefit, shall be deemed to have been repaid on the death of the child. 1958 No 106 s 5 1961 No 25 s 3(b) Section 15 heading substituted 1 April 1991 Family Benefits (Home Ownership) Amendment Act 1991 Section 15(1) substituted 1 April 1991 Family Benefits (Home Ownership) Amendment Act 1991
16: Death of both parents of child
Where an advance is made in respect of a family benefit, and—
a: the beneficiary and the spouse (if any) of the beneficiary at the date of the advance both die before the child in respect of whom the benefit was payable attains the age in respect of which the capitalised value of the benefit was calculated for the purposes of the advance, and before the occurrence of any event by reason of which the unpaid balance of the advance, or any part thereof, has become repayable; and
b: after the death of the survivor of the beneficiary and the spouse of the beneficiary, or, as the case may be, after the death of the beneficiary, an orphan's benefit or an unsupported child's benefit Social Security Act 2018 the advance, to the extent to which it was made in respect of the family benefit payable in respect of that child, shall, if the chief executive or an unsupported child's benefit Section 16 amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 16 amended 1 April 1991 Family Benefits (Home Ownership) Amendment Act 1991 Section 16(b) amended 26 November 2018 section 459 Social Security Act 2018 Section 16(b) amended 1 April 1991 Family Benefits (Home Ownership) Amendment Act 1991
17: Resumption of payment of benefit
Section 17 repealed 1 April 1991 Family Benefits (Home Ownership) Amendment Act 1991
18: Repayment of advance where death of child caused by parent
1: Notwithstanding anything in section 15 Crimes Act 1961 chief executive District Court Judge
2: On any application under subsection (1), the District Court Judge
a: make an order declaring that the unpaid balance of the advance became repayable on the death of the child; or
b: make such other order as he thinks fit in order to ensure that any parent who was so convicted or whose conduct, in the opinion of the District Court Judge
c: make an order declaring that the unpaid balance of the advance shall be deemed to have been repaid on the death of the child.
3: Where the District Court Judge section 21 1958 No 106 s 5A 1961 No 25 s 4 Section 18(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 18(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 18(2) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 18(2)﻿(b) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 18(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
19: Repayment of advances
1: Subject to the provisions of section 18 section 13
2: Without limiting the circumstances in which such a demand may be made, demand may, if the chief executive
a: on the occurrence of any event (other than the death after the expiration of 1 year from the date of the advance of a child in respect of whom the benefit was payable or the abolition of family benefit
b: on the transfer or lease or other disposition by the beneficiary or by the beneficiary and the spouse of the beneficiary of the land in respect of which the advance was made or the occurrence of any event by which the beneficiary ceases to be the owner or one of the owners of the land; or
c: on the beneficiary, or any child in respect of whom the benefit to which the advance relates was payable, ceasing to occupy as a home the land in respect of which the advance was made; or
d: on the conviction of the beneficiary or the spouse of the beneficiary of any offence against this Act or of any offence against the Social Security Act 1964
3: The fact that any such demand is made by the charge holder or by the person entitled to enforce the charge under section 13
4: Where the child in respect of whom a family benefit was payable dies within 1 year after the date of an advance in respect of that benefit, the unpaid balance of the advance, unless it is sooner repaid by the beneficiary, shall remain charged against the land until the repayment is required by the charge holder.
5: For the purposes of this Act, the date of an advance shall be deemed to be the date on which the family benefit in respect of which the advance was made ceases to be payable to the beneficiary by reason of the advance. SR 1959/37 r 10 Section 19(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 19(2)﻿(a) amended 1 April 1991 Family Benefits (Home Ownership) Amendment Act 1991 Section 19(2)﻿(d) amended 1 April 1965 section 135(1) Social Security Act 1964
20: Calculation of unpaid balance of advance
For the purposes of this Act, the amount of the unpaid balance of an advance shall be calculated in accordance with—
a: the table set out in Schedule 1
b: the table set out in Schedule 3
c: the table set out in Schedule 4 and shall be an amount equal to the capitalised value of the benefit in respect of which it was made for the number of pay periods of the advance less the number of pay periods that have elapsed since the date of the advance, calculated, as if for an advance in the first instance, from the end of the pay period during which the event occurred which results in the advance becoming repayable. Section 20 substituted 16 November 1982 Family Benefits (Home Ownership) Amendment Act 1982
21: Interest on unpaid balance of advance
1: Where an order is made under paragraph (a) of subsection (2) of section 18
2: In all other cases the chief executive SR 1959/37 r 12 SR 1961/141 r 8 Section 21(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
22: Recovery of unpaid balance
The unpaid balance of an advance that has become repayable pursuant to this Act and any interest thereon may be recovered as a debt due to the Crown at the suit of the chief executive, or the chief executive Social Security Act 2018 Section 22 amended 26 November 2018 section 459 Social Security Act 2018 Section 22 amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 22 amended 1 October 1998 section 57 Social Security Amendment Act 1998 Miscellaneous provisions
23: Financial provisions
1: Every advance shall be made, out of a Crown Bank Account
2:
3:
4:
5: 1958 No 106 s 4 1963 No 46 s 17 Section 23(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 23(2) repealed 1 April 1978 Public Finance Act 1977 Section 23(3) repealed 1 April 1978 Public Finance Act 1977 Section 23(4) repealed 1 April 1978 Public Finance Act 1977 Section 23(5) repealed 1 April 1978 Public Finance Act 1977
24: Exemption from stamp duty
Section 24 repealed 1 January 1972 section 101(1) Stamp and Cheque Duties Act 1971
25: Exemption from fees
No fee shall be payable under any Act in respect of registration of any document required for the purpose of registering or releasing (whether wholly or in part) any charge created under section 13 SR 1959/37 r 14
26: Offences and penalties
1: Every person commits an offence against this Act who—
a: in relation to any application for an advance, whether to himself or to any other person, makes any statement knowing it to be false in any material particular or otherwise wilfully attempts to mislead any officer concerned in the administration of this Act or any other person whomsoever; or
b: being a beneficiary or the spouse of a beneficiary to whom an advance has been made,—
i: fails, within a reasonable time after being required so to do, to supply in writing to the chief executive chief executive
ii: supplies any such information knowing it to be false or misleading in any material particular; or
c: except in a case to which paragraph (a) or paragraph (b) applies, wilfully fails to comply with any of the requirements of subsection (4) of section 8
2: Any person who commits an offence against paragraph (a) or paragraph (b) of subsection (1) is liable on
3: Every person who commits an offence against paragraph (c) of subsection (1) is liable on SR 1959/37 r 16 Section 26(1)﻿(b)﻿(i) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 26(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 26(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
27: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are necessary for giving full effect to the provisions of this Act and for the due administration thereof.
2: Regulations under this section are secondary legislation ( see Part 3 1958 No 106 s 9 1961 No 25 ss 2(3)﻿(e), 3(c), (d) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
28: Repeals and revocations
1: The following enactments are hereby repealed:
a: the Family Benefits (Home Ownership) Act 1958
b: the Family Benefits (Home Ownership) Amendment Act 1960
c: the Family Benefits (Home Ownership) Amendment Act 1961
d: Amendment(s) incorporated in the Act(s)
2: The following regulations are hereby revoked:
a: the Family Benefits (Home Ownership) Regulations 1959
b: the Family Benefits (Home Ownership) Regulations 1959, Amendment No 2