Document ID: chunk:federal_register_of_legislation:C2004A03717:body:0:p11
Version: federal_register_of_legislation:C2004A03717
Segment Type: other
Provision Reference: 
Character Range: 25622–28276

the motor vehicle;
     (d) to raise a dwelling-house owned by the person above the level of periodic flooding; or
     (e) to discharge any mortgage, charge or encumbrance already existing on a holding of the person.
"(4) The Secretary shall not issue a certificate of entitlement in relation to subsidy on an initial advance, an additional advance or a further advance

that a person may seek from the Bank for the purposes referred to in paragraph (2) (f) or (3) (e) if the mortgage concerned was raised with the consent of the Corporation under section 32 of this Act, as in force before the commencing day, or, in any other case, unless satisfied that:
     (a) the mortgage, charge or encumbrance concerned was raised by the person with the consent or approval of the Corporation or the Secretary, as the case may be;
     (b) the mortgage, charge or encumbrance is over land and the person intends to use the advance partly to discharge the mortgage, charge or encumbrance and partly to build a dwelling-house on that land;
     (c) the terms of the mortgage, charge or encumbrance are onerous and, having regard to the person's income, compliance with those terms is causing the person serious financial hardship; or
     (d) the person is suffering serious financial hardship for other reasons beyond the control of the person.
"(5) Subsection (4) does not apply where the person concerned is an eligible person who is receiving, or is eligible to receive, a pension under Part II of the Veterans' Entitlements Act 1986 and is a person to whom section 24 of that Act applies.
"(6) In this section:
     'advance' means a subsidised advance other than a widow's advance or an advance for essential repairs.

Certificate of entitlement not to be issued in certain other cases
"19. (1) Except with the approval of the Minister, the Secretary shall not issue a certificate of entitlement in relation to subsidy on a subsidised advance (other than an additional advance, a widow's advance or an advance for essential repairs) that a person may seek from the Bank if the person is, or was at any time, a purchaser or a prescribed borrower or a person to whom an initial advance is taken to have been made under section 37.
"(2) In this section:
     'prescribed borrower' means a borrower other than a borrower in relation to an initial advance or a further advance, or a Corporation advance granted after 9 December 1987 for a term of 25 years or less.

Criteria for issue of certificate of entitlement: widows' advances
"20. (1) The Secretary shall not issue a certificate of entitlement in relation to subsidy on a widow's advance that a person may