Document ID: chunk:federal_register_of_legislation:C2004A04077:section:1918:p8
Version: federal_register_of_legislation:C2004A04077
Segment Type: section
Provision Reference: s 1918 (pt 8/11)
Character Range: 18691–21470

relation to subsidy on a further advance to a person unless the person is or was a purchaser or borrower in relation to a Corporation advance, a subsidised advance or a contract of sale on or after 9 December 1987.".

  (2) Where:

     (a) a person is a prescribed person within the meaning of subsection 19 (2) of the Principal Act as in force immediately before the commencement of this subsection; and

     (b) the person had, before the commencement of subsection (1), applied for a certificate of entitlement in relation to a subsidy on a subsidised advance; and

     (c) the application has not been finally determined at the commencement of this subsection;

the Secretary is to determine the person's application as if section 19 of the Principal Act as in force immediately before the commencement of this section had not been repealed.

  (3) If:

     (a) the Minister has, before the commencement of this section, approved the issue to a person of a certificate of entitlement under section 19 of the Principal Act as in force immediately before the commencement of this section; and

     (b) the person applies for the certificate of entitlement before the end of 12 months after the commencement of this section;

the Secretary may issue the certificate of entitlement to the person but must not do so otherwise.

(4) A certificate of entitlement issued by the Secretary under subsection (3) is taken to have been issued under section 19 of the

Principal Act as in force immediately before the commencement of this section.

  Commencement: Day of Royal Assent

Criteria for issue of certificate of entitlement: widows' advances

11. Section 20 of the Principal Act is amended by adding at the end the following subsections:

"(3) In deciding whether a person is suffering financial hardship for the purposes of paragraph (2) (a) or (b), the Secretary is to have regard to any guidelines approved by the Minister under subsection (4).

"(4) The Minister may approve guidelines setting out matters to be taken into account in deciding whether a person is suffering financial hardship for the purposes of this Act.

"(5) Guidelines approved by the Minister in accordance with this section are disallowable instruments for the purposes of section 46a of the Acts Interpretation Act 1901.".

  Commencement: Day of Royal Assent

Criteria for issue of certificate of entitlement: advances made for essential repairs

12. Section 21 of the Principal Act is amended by adding at the end the following subsections:

"(2) In deciding whether a person is suffering serious financial hardship for the purposes of paragraph (1) (d), the Secretary is to have regard to any guidelines approved by the Minister under subsection (3).

"(3) The Minister may approve guidelines