Document ID: chunk:federal_register_of_legislation:C2004A01717:body:0:p1
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DEFENCE SERVICE HOMES AMENDMENT ACT 1977

No. 79 of 1977

An Act to amend the Defence Service Homes Act 1918, and for related purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title &c.
1. (1) This Act may be cited as the Defence Service Homes Amendment Act 1977.
(2) The Defence Service Homes Act 1918 is in this Act referred to as the Principal Act.

Commencement.
2. This Act shall come into operation on 1 July 1977.

Repeal.
3. (1) The following Acts are repealed:—
         Australian Housing Corporation Act 1975;
         Defence Service Homes Amendment Act 1976.
(2) The repeal of an Act by sub-section (1) does not affect the operation of any amendment of the Principal Act made by the repealed Act.
4. Section 4aa of the Principal Act is repealed and the following section substituted:—

Extension of Act to Norfolk Island.
"4aa. This Act extends to Norfolk Island.".

Interpretation.
5. Section 4 of the Principal Act is amended by inserting in sub-section (1), after the definition of "Regular serviceman", the following definition:—
     " 'Secretary' means the Secretary to the Department of Veterans' Affairs;".
6. Before section 5 of the Principal Act the following sections are inserted in Part II:—

Defence Service Homes Corporation.
"5a. (1) For the purposes of this Act, there shall be a body corporate under the name 'Defence Service Homes Corporation'.
"(2) The body corporate that existed by virtue of the Acts repealed by section 3 of the Defence Service Homes Amendment Act 1977 under the name 'Defence Service Homes Corporation'—
     (a) continues in existence by force of this section as the body corporate referred to in sub-section (1) of this section, under that name;
     (b) shall have a seal;
     (c) may acquire, hold and dispose of real and personal property; and
     (d) may sue and be sued in its corporate name.

Secretary to conduct affairs of Corporation.
"5b. (1) The affairs of the Corporation shall be conducted and controlled by the Secretary.
"(2) All acts and things done in the name of, or on behalf of, the Corporation by the Secretary, or under the authority of the Secretary, shall be deemed to have been done by the Corporation.

Seal.
"5c. (1) The seal of the Corporation shall be kept in the custody of the Secretary and shall not be used except as authorized by the Secretary.
"(2) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Corporation affixed to a document on or after 13 December 1976 and shall presume that it was duly affixed.".
7. After section 6 of the Principal Act the