Document ID: chunk:federal_register_of_legislation:C2004A03717:body:0:p10
Version: federal_register_of_legislation:C2004A03717
Segment Type: other
Provision Reference: 
Character Range: 23297–25868

of a cash grant instead of an advance under this Act as in force on or before that day; or
          (ii) a payment instead of such a cash grant;
     (e) if the person has a husband or wife (other than a husband or wife from whom he or she is permanently separated)—the husband or wife is not the owner of any dwelling-house other than that in respect of which the advance is payable;
     (f) except in the case of an advance to a person included in paragraph (b) or (d) of the definition of 'Australian Soldier' in section 4 in relation to a house or building used or to be used as a hospital, sanatorium or nursing-home—the dwelling-house in respect of which the advance is payable is intended to be used by the person as a home for the person and any dependants of the person; and
     (g) except as provided by the agreement, such advance will be secured by a first mortgage over the relevant holding of the person.
"(2) The Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance, other than an additional advance, that a person may seek from the Bank unless satisfied that the advance is for the purpose of enabling the person:
     (a) to build a dwelling-house on a holding of the person;
     (b) to purchase land and build a dwelling-house on the land;
     (c) to purchase a dwelling-house together with the land on which it is built;
     (d) to complete a partially built dwelling-house owned by the person;
     (e) to enlarge a dwelling-house owned by the person; or
     (f) to discharge any mortgage, charge or encumbrance already existing on a holding of the person.
"(3) The Secretary shall not issue a certificate of entitlement in relation to subsidy on an additional advance that a person may seek from the Bank unless satisfied that the advance is for the purpose of enabling the person:
     (a) to enlarge a dwelling-house owned by the person to the extent necessary to provide essential extra sleeping accommodation or to instal essential utility services;
     (b) to meet the cost of roadmaking if the person is liable to meet that cost but is otherwise unable to do so;
     (c) if the person is a widow or widower who is the registered owner of a motor vehicle and is unable to meet the cost of building a garage for the motor vehicle—to build a garage for 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