Commonwealth Consolidated Acts

DEFENCE SERVICE HOMES ACT 1918 - SECT 17A

             (1)  The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant's interest or right is in the form of a joint tenancy, unless the Secretary is satisfied that:

                     (a)  the application was made by a person and his or her spouse or de facto partner who, under subsection 4A(1), are treated together as an eligible person for the purposes of this Act; or

                     (b)  the only other joint tenant is the applicant's spouse or de facto partner, who is also an eligible person.

             (2)  The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant's interest or right is in the form of a tenancy in common, unless the Secretary is satisfied that the interest or right, at the time when the application was lodged, would have had a value, if it were unencumbered, of not less than the sum of:

                     (a)  all advances in relation to the applicant, in respect of which subsidy is payable; and

                     (b)  the advance to which the certificate would relate.

             (3)  In this section:

"interest or right" , in relation to an applicant, means the applicant's interest or proposed interest concerned in respect of a holding, or the applicant's right or proposed right of residence concerned in respect of a retirement village (as the case requires).