Document ID: chunk:federal_register_of_legislation:C2004A02639:schedule:12:p19
Version: federal_register_of_legislation:C2004A02639
Segment Type: schedule
Provision Reference: sch 12 (pt 19/42)
Character Range: 49286–52120

provision') of a determination under section 58b of the Defence Act 1903—
          (i) is disallowed, or is deemed to have been disallowed, under section 48 of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903; or
          (ii) becomes void and of no effect by virtue of the operation of sub-section 48 (3) of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903; and
     (b) the disallowed provision was inconsistent with any relevant regulations in force immediately before the date on which the disallowed provision took effect,
the disallowance of the provision or the operation of sub-section 48 (3) of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903, as the case may be, has the effect of reviving those relevant regulations as so in force, from and including the date of the disallowance or the date on which the determination became void and of no effect, as the case may be, as if the disallowed provision had not been made.".

PART XXX—AMENDMENTS OF DEFENCE SERVICE HOMES ACT 1918

Principal Act
84. The Defence Service Homes Act 191829 is in this Part referred to as the Principal Act.

Interpretation
85. Section 4 of the Principal Act is amended by omitting "of Veterans' Affairs" from the definition of "Secretary" in sub-section (1).

Determination of eligibility, &c.
86. Section 4b of the Principal Act is amended—
     (a) by omitting paragraph (1) (b) and substituting the following paragraph:
          "(b) if the provisions of section 19a or 23 are relevant to the application—
              (i) whether the applicant is the owner of a dwelling-house other than that in respect of which the application for assistance has been made;
              (ii) if the applicant has a wife or husband—whether the applicant and the wife or husband of the applicant are permanently separated; and
              (iii) if the applicant has a wife or husband and the Corporation has not determined that the applicant and the wife or husband of the applicant are permanently separated—whether the wife or husband of the applicant is the owner of a dwelling-house other than that in respect of which the application for assistance has been made.";
     (b) by omitting from sub-section (2) "the last preceding sub-section" (first occurring) and substituting "sub-section (1)";
     (c) by omitting from sub-section (2) "paragraph (a) of the last preceding sub-section" and substituting "paragraph (1) (a)"; and
(d) by omitting sub-section (3) and substituting the following sub-section:
     "(3) Where the Corporation has, in pursuance of sub-section (1), determined—
          (a) that an applicant for assistance is not the owner of a dwelling-house other than that in respect of which the application