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Legislative Assembly for the ACT: 2000 Week 1 Hansard (15 February) . . Page.. 73 ..


(b) if the officer mortgaged the land on which the dwelling-house was erected in conjunction with the purchase of the dwelling-house -

(i) in a case where the officer is required to pay and has paid the amount of the expenses (including valuation fees and stamp duty payable in connection with the mortgage) duly incurred by the mortgagee in respect of the mortgage - an amount not exceeding the amount that was reasonably incurred by the mortgagee (but not a procuration fee) and, in the asse of the stamp duty, is in accordance with the appropriate scale; or

(ii) in a case where the officer engaged a solicitor to act for the officer in connection with the mortgage and the officer duly paid to the solicitor an amount for the professional costs and disbursements (including valuation fees, and stamp duty payable by the officer in connection with the mortgage) incurred in respect of the mortgage - an amount not exceeding the amount of the professional costs and disbursements (including valuation fees and stamp duty but not a procuration fee payable in connection with the mortgage) that were reasonably incurred and would have been payable, if the amount were calculated in accordance with the appropriate scale, in respect of the mortgage;

(c) if the officer did not engage a solicitor to act for the officer in connection with the purchase or such a mortgage and the officer paid expenses incurred by the officer in connection with the purchase or the mortgage, as the case may be - an amount not exceeding the amount of the expenses (including stamp duty but not a procuration fee) reasonably incurred by the officer in connection with the purchase or the mortgage, as the case may be; and

(d) if the officer was required to pay a sum equivalent to the sum of housing loans insurance cover payable under the arrangements administered by the Housing Loans Insurance Corporation, a statutory authority established under the Housing Loans Insurance Act 1965 - the amount duly paid by the officer.

(3) An allowance referred to in subclause (1) is payable to an officer on the purchase by the officer of only one dwelling-house at the locality to which the officer is transferred, and, where, but for this subclause, an allowance would be payable to an officer in respect of the purchase of more than one dwelling-house, an allowance is payable to the officer only on the first purchase by the officer.

(4) For the purposes of this clause the relevant period for purchase in relation to a transfer, subject to subclause (5), is -

(a) in relation to a term transfer - the period commencing on the day on which the officer received notification in writing of term transfer to another locality and ending on the day 4 years after the day on which the officer ceased to be on a term transfer; and

(b) in relation to any other transfer - the period commencing on the day on which the officer received notification in writing of transfer to another locality and ending on the day 4 years after the day on which the officer commenced duty in that locality.


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