Document ID: chunk:federal_register_of_legislation:C2004A04978:body:0:p12
Version: federal_register_of_legislation:C2004A04978
Segment Type: other
Provision Reference: 
Character Range: 27248–30152

the time immediately before the person ceased to be such a purchaser or borrower; or

       (ii) in any other case—a term equal to the unexpired part of the last preceding previous advance; and".

55. Subsection 36(4):

   Omit the subsection, substitute:

"(4) In this section:

previous advance, in relation to a further advance in respect of a person, means an advance (whether a Corporation advance, initial advance, additional advance or further advance) in respect of which the person is or was a borrower, or a contract of sale, in respect of which the person is or was a purchaser, preceding the further advance in question.".

56. After paragraph 38C(1)(g):

   Insert:

   " (ga) a dwelling-house wholly or partially owned by an eligible person;

     (gb) a dwelling-house wholly owned by a person and his or her wife or husband who, under subsection 4A(1), are treated together as an eligible person for the purposes of this Act;".

SCHEDULE 1—continued

57. After subparagraph 38C(1)(h)(ii):

Insert:

" ; or (iii) that is referred to in paragraph (ga) or (gb);".

58. Paragraph 38C(l)(j):

Omit "or (g)", substitute ", (g), (ga) or (gb)".

59. Subsection 38C(2):

Omit "or (g)", substitute ", (g), (ga) or (gb)".

60. Subsection 38D(2):

Omit the subsection.

61. Paragraph 38E(l)(a):

Omit the paragraph, substitute:

    "(a) the Commonwealth has undertaken insurance under section 38C in relation to a dwelling-house only because:

(i) the Corporation proposed to make a Corporation advance in respect of a person; or

(ii) a person has applied for a certificate of entitlement in relation to that dwelling-house; or

(iii) a person is an eligible person; and".

62. Paragraph 38E(1)(b):

(a) Omit "the applicant for the advance or certificate", substitute "the person".

(b) Omit "the applicant has disposed", substitute "the person has disposed".

63. Subparagraphs 38E(1)(b)(ii), (iii) and (iv):

Omit "applicant", substitute "person".

64. Paragraph 38E(2)(a):

Omit "applicant", substitute "person".

65. Subsection 38E(4):

Omit the subsection, substitute:

"(4) If subparagraph (1)(a)(iii) applies, and the person who died is survived by a widow or widower, the Secretary must not give a notice under paragraph (2)(b) in relation to the dwelling-house unless the Secretary is satisfied that the widow or widower is not an eligible person.".

SCHEDULE 1—continued

66. Application

Despite the amendments made by this Schedule, section 36 of the Defence Service Homes Act 1918, as in force immediately before the commencement of this item, continues to apply in respect of certificates of entitlement in relation to a further advance that a person may seek from the Bank, if:

    (a) subsidy was not payable on 9 May 1995 in relation to the advance (whether a Corporation advance, initial advance, additional advance or further advance) in respect of which the person is or was