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Australian Capital Territory
First Home Owner Grant Act 2000
A2000-23
Republication No 35
Effective: 23 June 2021
Republication date: 23 June 2021
Last amendment made by A2021-12
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the First Home Owner Grant Act 2000 (including any amendment made
under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
23 June 2021.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
First Home Owner Grant Act 2000
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
3A Offences against Act—application of Criminal Code etc 3
4 Homes 3
5 Ownership of land and homes 3
6 Partner of applicant 5
Part 2 First home owner grant
Division 2.1
Entitlement to grant
7
Entitlement to grant
6
Division 2.2
Eligibility criteria for applicants
8 Criterion 1—Applicant to be an individual 6
Contents
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8A
9
Criterion 1A—Applicant to be at least 18 years old
Criterion 2—Applicant to be Australian citizen or permanent resident
7
7
10 Criterion 3—Applicant (or applicant’s partner) must not have received
an earlier grant 7
11 Criterion 4—Applicant (or applicant’s partner) must not have had
relevant interest in residential property 8
12 Criterion 5—Residence requirements 9
12A
Criterion 6—Applicant must not have been convicted of offence
against Act
10
Division 2.3
Eligible transactions
12B
13
13A
13B
Meaning of new home—div 2.3
Meaning of eligible transaction etc
First home owner grant cap
Meaning of total value of eligible transaction etc
10
11
14
14
Division 2.4
Application for grant
14 Application for grant 16
15 All interested persons to join in application 17
16 Application on behalf of person under legal disability 17
Division 2.5 Decision on application
17 Commissioner to decide applications 17
18 Amount of grant 18
19 Payment of grant 18
20 Payment in anticipation of compliance with residence requirements or
first home owner grant cap 18
21 Conditions generally 20
22 Death of applicant 20
23 Power to correct decision 21
24 Notification of decision 21
Division 2.6 Objections and appeals
24I Meaning of objector—div 2.6 21
25 Objections 22
26 Grounds for objection 23
27 Time for making objection 23
28 Objections made out of time 23
29 Decision on objection 23
Contents
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30 Reviewable decision notices 24
31 Applications for review 24
32 Giving effect to decision on review 24
Part 3 Administration
Division 3.1 Administration generally
33 Administration 25
34 Authorised officers 25
35 Identity cards 25
36 Administration agreements 26
Division 3.2
Investigations
37
Authorised investigations
26
38
38A
Cross-border investigation
Power to require valuation
27
27
39 Power to require information, records or other documents or
attendance for examination 28
40 Powers of entry and inspection 29
41 Search warrant 30
42 Use and inspection of documents and records produced or seized 31
43 Privileges against self-incrimination and exposure to civil penalty 31
45 Failing to comply with requirement of authorised officer 32
Part 4 Repayment and recovery of grant
46
46A
Definitions—pt 4
Meaning of third-party debtor
33
33
47 Power to require repayment and impose penalty 33
48 Interest in relation to repayments 34
49 Power to recover amount paid in error etc 35
49A Power to recover amounts from third-party debtors 36
49B Payment of recoverable amounts by third-party debtors 36
49C Payment of recoverable amounts by others 37
49D Offence—third-party debtors to comply with notices 38
49E Third-party debtors indemnified 38
Contents
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Part 5 Miscellaneous
50 Secrecy 39
51 Evidence 40
52 Protection of officers etc 41
53 Application of certain provisions of Taxation Administration Act 41
54 Determination of fees 41
56 Regulation-making power 42
Dictionary 43
Endnotes
1 About the endnotes 46
2 Abbreviation key 46
3 Legislation history 47
4 Amendment history 52
5 Earlier republications 60
6 Expired transitional or validating provisions 63
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Australian Capital Territory
First Home Owner Grant Act 2000
An Act to encourage and assist home ownership, and to offset the effect of the
GST on the acquisition of a first home, by establishing a scheme for the payment
of grants to first home owners
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1
Name of Act
This Act is the First Home Owner Grant Act 2000.
2
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words and
expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this Act.
For example, the signpost definition ‘identity card—see the Taxation
Administration Act 1999, dictionary.’ means that the term ‘identity card’
is defined in that dictionary and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
3
Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 3A
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3A Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against
this Act.
Note 1
Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
4 Homes
A home is a building (affixed to land) that—
(a) may lawfully be used as a place of residence; and
(b) is, in the commissioner’s opinion, a suitable building for use as
a place of residence.
5 Ownership of land and homes
(1) A person is an owner of a home or a home owner if the person has a
relevant interest in land on which a home is built.
(2) Each of the following is a relevant interest in land:
(a) a leasehold interest in the land granted by the Commonwealth;
(b) a leasehold interest under a land sublease;
(c) a life estate in the land approved by the commissioner;
(d) a licence or right of occupancy granted by the Commonwealth
that gives, in the commissioner’s opinion, the licensee or the
holder of the right reasonable security of tenure;
Part 1 Preliminary
Section 5
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(e) an interest in a company’s shares if the commissioner is satisfied
that—
(i) the interest entitles the holder of the interest to exclusive
occupation of a particular home owned by the company;
and
(ii) the value of the shares is not less than the value of the
company’s interest in the home.
(3) However—
(a) an interest is not a relevant interest in land at a particular time
unless the holder of the interest has, or will have within
12 months after that time (or a longer time allowed by the
commissioner), a right to immediate occupation of the land; and
(b) an interest is not a relevant interest in land in the hands of a
person who holds it subject to a trust; and
(c) an equitable interest is not a relevant interest in land unless it is
the interest of a person under a legal disability for whom a
guardian holds the interest on trust.
(4) Despite subsections (2) and (3), the regulations may provide for
recognition of an interest (a noncomplying interest) as a relevant
interest in land—
(a) even though the interest may not comply with the subsections;
and
(b) even though the interest may not be recognised at law or in
equity as an interest in land.
(5) If a first home owner grant is to be paid because of the recognition of
a noncomplying interest as a relevant interest in land, the
commissioner may impose appropriate conditions on the payment of
the grant to ensure its recovery if criteria prescribed under the
regulations about future conduct or events are not satisfied.
Preliminary Part 1
Section 6
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(6) In this section:
land sublease—see the Planning and Development Act 2007,
dictionary.
6 Partner of applicant
(1) A person is the partner of the applicant if the person is the applicant’s
domestic partner.
Note For the meaning of domestic partner, see Legislation Act, s 169.
(2) However, if the applicant is married, in a civil union or civil
partnership, the applicant’s spouse, civil union partner or civil partner
is not to be regarded as the applicant’s partner if the commissioner is
satisfied that, at the time of deciding the application for a first home
owner grant, the applicant—
(a) is not living with the person; and
(b) has no intention of resuming living with the person.
Part 2 First home owner grant
Division 2.1 Entitlement to grant
Section 7
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Part 2 First home owner grant
Division 2.1 Entitlement to grant
7 Entitlement to grant
(1) A first home owner grant is payable on an application under this Act
if—
(a) the applicant or, if there are 2 or more of them, each of the
applicants complies with the eligibility criteria; and
(b) the transaction for which the grant is sought—
(i) is an eligible transaction; and
(ii) has been completed; and
(c) if the first home owner grant cap applies to the eligible
transaction for which the grant is sought—the total value of the
transaction is not more than the amount of the first home owner
grant cap.
Note 1
The first home owner grant cap applies to an eligible transaction
with a commencement date on or after 1 January 2011 (see s 13A).
Note 2
See s 13B for how to work out the total value of an eligible
transaction.
(2) Despite subsection (1) (a), an applicant need not comply with the
eligibility criteria to the extent the applicant is exempted from
compliance under this Act.
(3) Only 1 first home owner grant is payable for the same eligible
transaction.
Division 2.2 Eligibility criteria for applicants
8
Criterion 1—Applicant to be an individual
An applicant for a first home owner grant must be an individual.
First home owner grant Part 2
Eligibility criteria for applicants Division 2.2
Section 8A
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8A Criterion 1A—Applicant to be at least 18 years old
(1) An applicant for a first home owner grant must be at least 18 years
old.
(2) However, if the commissioner is satisfied there are good reasons to
do so, the commissioner may exempt the applicant from the
requirement to be at least 18 years old.
9 Criterion 2—Applicant to be Australian citizen or
permanent resident
(1) An applicant for a first home owner grant must be an Australian
citizen or permanent resident.
(2) However, if an application is made by joint applicants and 1 of the
applicants is an Australian citizen or permanent resident, it is not
necessary for the other or others to be Australian citizens or
permanent residents.
10 Criterion 3—Applicant (or applicant’s partner) must not
have received an earlier grant
(1) An applicant is ineligible if—
(a) the applicant or the applicant’s partner has been a party to an
earlier application under this Act or a corresponding law; and
(b) a grant was paid on the application.
(2) However, the applicant is not ineligible if—
(a) for an application that relates to an eligible transaction with a
commencement date before 1 January 2011—the grant was later
paid back under the conditions on which the grant was made; or
(b) for an application that relates to an eligible transaction with a
commencement date on or after 1 January 2011—
(i) the grant was later paid back; and
Part 2 First home owner grant
Division 2.2 Eligibility criteria for applicants
Section 11
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(ii) any amount payable as a penalty or as interest was also paid
in relation to the earlier application.
(3) An applicant is also ineligible if the applicant or the applicant’s
partner—
(a) could have successfully applied for a first home owner grant
under this Act or a corresponding law in relation to an earlier
transaction to which he or she was a party but did not do so; or
(b) could, assuming that he or she had then been an Australian
citizen or permanent resident, have successfully applied for a
first home owner grant under this Act or a corresponding law in
relation to an earlier transaction to which he or she was a party.
11 Criterion 4—Applicant (or applicant’s partner) must not
have had relevant interest in residential property
(1) An applicant is ineligible if the applicant or the applicant’s partner
has, before 1 July 2000, held—
(a) a relevant interest in residential property in the ACT; or
(b) an interest in residential property in a State that is a relevant
interest under the corresponding law of the State.
(2) In working out for section (1) whether an applicant held a relevant
interest (within the meaning of this Act or a corresponding law) in
residential property at a particular time, any deferment of the
applicant’s right of occupation (because the property was subject to a
lease) is to be disregarded.
(3) An applicant is also ineligible if, before the commencement date of
the eligible transaction to which the application relates, the applicant
or the applicant’s partner—
(a) held a relevant interest in residential property in the ACT or an
interest in residential property in a State that is a relevant interest
under the corresponding law of the State; and
First home owner grant Part 2
Eligibility criteria for applicants Division 2.2
Section 12
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(b) occupied the property as a place of residence.
(4) However, for subsection (3), the applicant or the applicant’s partner
is taken not to have used the property as the residence of the applicant
or the applicant’s partner if—
(a) the property was the subject of an earlier application under this
Act by the applicant; and
(b) a first home owner grant was paid under the earlier application;
and
(c) the applicant repaid the grant because of a failure to comply with
section 12 in relation to the earlier application.
(5) In this section:
residential property—land in Australia is residential property at a
particular time if there is, at that time, a building on the land lawfully
occupied as a place of residence or suitable for occupation as a place
of residence.
12 Criterion 5—Residence requirements
(1) An applicant for a first home owner grant must occupy the home to
which the application relates as the applicant’s principal place of
residence for a continuous period of at least 1 year.
(2) However, if the commissioner is satisfied there are good reasons to
do so, the commissioner may—
(a) approve a shorter period; or
(b) exempt the applicant from the requirement to comply with
subsection (1).
(3) The period of occupation required under subsection (1), or the shorter
period approved under subsection (2) (a), must start within 1 year
after completion of the eligible transaction to which the application
relates or a longer period approved by the commissioner.
Part 2 First home owner grant
Division 2.3 Eligible transactions
Section 12A
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(4) The commissioner may give an approval or exemption under this
section within 18 months after completion of the eligible transaction
to which the application relates.
(5) If an application is made by joint applicants and at least 1 (but not all)
of the applicants complies with the residence requirements, the noncomplying applicant or applicants are exempted from compliance
with the residence requirements.
12A
Criterion 6—Applicant must not have been convicted of
offence against Act
An applicant is ineligible if the applicant has been convicted of an
offence against this Act or a corresponding law.
Division 2.3 Eligible transactions
12B Meaning of new home—div 2.3
(1) For this division, a new home is a home that has not been previously
occupied or sold as a place of residence, and includes a substantially
renovated home.
(2) For this section:
occupied, in relation to a home, includes occupation of the home on
a short-term basis, regardless of the length of occupation or the
intended length of occupation.
substantially renovated home means a home that—
(a) has substantial renovations; and
(b) as renovated, has not previously been occupied or sold as a place
of residence.
First home owner grant Part 2
Eligible transactions Division 2.3
Section 13
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substantial renovations, of a home, means renovations in which all,
or a substantial part, of the home is removed or replaced.
Examples—substantial renovations
removal or replacement of foundations, external walls, interior supporting walls,
floors, roof or staircases
Note
An example is part of the Act, is not exhaustive and may extend, but does
not limit, the meaning of the provision in which it appears (see
Legislation Act, s 126 and s 132).
13 Meaning of eligible transaction etc
(1) An eligible transaction is—
(a) a contract for the purchase of a new home in the ACT made on
or after 1 September 2013; or
(b) a comprehensive home building contract made on or after
1 September 2013 by the owner of land in the ACT, or a person
who will on completion of the contract be the owner of land in
the ACT, to have a new home built on the land; or
(c) the building of a new home in the ACT by an owner-builder if
the building work begins on or after 1 September 2013.
(2) However, a contract is not an eligible transaction if the commissioner
is of the opinion that it forms part of a scheme to circumvent
limitations on, or requirements affecting, eligibility or entitlement to
a first home owner grant and the commissioner will, unless satisfied
to the contrary, presume the existence of such a scheme, if—
(a) for a contract to purchase a home—the purchaser had an option
to purchase the home granted before 1 July 2000 or the vendor
had an option to require the purchaser to purchase the home
granted before that date; or
(b) for a comprehensive building contract—either party had a right
or option granted before 1 July 2000 to require the other to enter
into the contract; or
Part 2 First home owner grant
Division 2.3 Eligible transactions
Section 13
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(c) for a contract made on or after 1 September 2013 that—
(i) the contract replaces a contract made before
1 September 2013; and
(ii) the replaced contract was—
(A) a contract for the purchase of the same home; or
(B) a comprehensive home building contract to build the
same or a substantially similar home.
(3) The commencement date of an eligible transaction is—
(a) for a contract—the date when the contract is made; or
(b) for the building of a home by an owner-builder—
(i) the date when laying the foundations for the home begins;
or
(ii) another date the commissioner considers appropriate in the
circumstances of the case.
(4) Subject to any qualifications prescribed under the regulations, an
eligible transaction is completed when—
(a) for a contract for the purchase of a new home—
(i) the purchaser becomes entitled to possession of the home
under the contract; and
(ii) if the purchaser is to obtain a registered title to the land on
which the home is situated—the necessary steps to obtain
registration of the purchaser’s title have been taken; or
(b) for a contract to have a home built—the building is ready for
occupation as a place of residence; or
First home owner grant Part 2
Eligible transactions Division 2.3
Section 13
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(c) for the building of a home by an owner-builder—the building is
ready for occupation as a place of residence.
Note
For when certain transactions related to moveable buildings are
completed, see s (5).
(5) If a person purchases a moveable building and intends to use it as a
place of residence on land in which the person has a relevant interest
but on which it is not situated at the time of purchase—
(a) this Act applies as if the person were an owner-builder building
a home on the land; and
(b) the commencement date of the transaction is taken to be the date
of the contract to purchase the moveable building; and
(c) the transaction is taken to be completed when the moveable
building is ready for occupation as a place of residence on land
in which the purchaser has a relevant interest.
(6) The consideration for an eligible transaction is—
(a) for a contract for the purchase of a new home—the consideration
for the purchase; or
(b) for a comprehensive home building contract—the total
consideration payable for the building work; or
(c) for the building of a home by an owner-builder—the actual costs
to the owner of carrying out the work (excluding any allowance
for the owner-builder’s own labour).
(7) In this section:
comprehensive home building contract means a contract under
which a builder undertakes to build a home on land from the inception
of the building work to the point where the home is ready for
occupation and if, for any reason, the work to be carried out under
such a contract is not completed, includes any further contract under
which the work is to be completed.
Part 2 First home owner grant
Division 2.3 Eligible transactions
Section 13A
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contract for the purchase of a new home means a contract for the
acquisition of a relevant interest in land on which a home is built.
option to purchase includes a right of pre-emption or a right of first
refusal.
owner-builder means an owner of land who builds a home, or has a
home built, on the land without entering into a comprehensive home
building contract.
Note
For when a person is taken to be an owner-builder in relation to a
moveable building, see s (5).
13A First home owner grant cap
(1) The first home owner grant cap applies to an eligible transaction with
a commencement date on or after 1 January 2011.
(2) The amount of the first home owner grant cap is—
(a) $750 000; or
(b) if another amount is prescribed by regulation—the prescribed
amount.
13B Meaning of total value of eligible transaction etc
(1) The total value of an eligible transaction is as follows:
(a) for a contract for the purchase of a home, the greater of the
following:
(i) the consideration for the contract;
(ii) the unencumbered value, at the commencement date, of the
home;
(b) for a comprehensive home building contract, the amount worked
out by adding together—
(i) the consideration for the contract; and
First home owner grant Part 2
Eligible transactions Division 2.3
Section 13B
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(ii) the value, at the commencement date, of the relevant
interest in the land on which the home is to be built;
(c) for the building of a home by an owner builder, the amount
worked out by adding together—
(i) the unencumbered value, at the date the transaction is
completed, of the home; and
(ii) the value, at the date the transaction is completed, of the
relevant interest in the land on which the home is built.
(2) The value of the relevant interest in the land on which a home is, or
is to be, built is the greater of the following:
(a) the consideration paid or payable for the interest;
(b) the unencumbered value of the interest.
(3) The unencumbered value of a home or relevant interest in land is the
value of the home or interest worked out without regard to—
(a) any encumbrance to which the home or interest is subject,
whether contingently or otherwise; or
(b) any arrangement that results in the reduction of the value of the
home or interest, if the parties to the arrangement are not dealing
with each other at arm’s length; or
(c) any scheme or arrangement that, in the commissioner’s opinion,
was entered into, made or carried out by a party to the scheme
or arrangement for the main purpose of reducing the value of the
home or interest; or
(d) if the home or interest is held by a person on trust as guardian
for another person who is under a legal disability—any
liabilities of the trust, including the liability to indemnify the
trustee.
Part 2 First home owner grant
Division 2.4 Application for grant
Section 14
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(4) For the purposes of subsection (3) (c), the commissioner may
consider—
(a) the duration of the scheme or arrangement before the
commencement date of the transaction to which the home or
interest relates; and
(b) whether there is any commercial efficacy to the making of the
scheme or arrangement other than to reduce the value of the
home or interest; and
(c) anything else the commissioner considers relevant.
Division 2.4 Application for grant
14 Application for grant
(1) An application for a first home owner grant is to be made to the
commissioner.
Note For how documents may be given, see Legislation Act, pt 19.5.
(2) An applicant must provide the commissioner with any information
the commissioner requires to decide the application.
(3) Information provided by an applicant in or in relation to an
application must, if the commissioner so requires, be verified by
statutory declaration or supported by other evidence required by the
commissioner.
Note 1
The Statutory Declarations Act 1959 (Cwlth) applies to the making of
statutory declarations under ACT laws.
Note 2 It is an offence to make a false or misleading statement, give false or
misleading information or produce a false or misleading document (see
Criminal Code, pt 3.4).
(4) An application may only be made within a period (the application
period)—
(a) beginning on the commencement date of the eligible transaction
to which the application relates; and
First home owner grant Part 2
Decision on application Division 2.5
Section 15
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(b) ending 1 year after the completion of the eligible transaction to
which the application relates.
(5) However, the commissioner has a discretion to allow an application
before or after the application period.
(6) An applicant may, with the commissioner’s consent, amend an
application.
15 All interested persons to join in application
(1) All interested persons must be applicants.
(2) An interested person is a person who is, or will be on completion of
the eligible transaction to which the application relates, an owner of
the relevant home except such a person who is excluded from the
application of this section under the regulations.
16 Application on behalf of person under legal disability
(1) An application may be made on behalf of a person under a legal
disability by a guardian.
(2) For the purpose of deciding eligibility, the person under the legal
disability is to be regarded as the applicant.
Division 2.5 Decision on application
17 Commissioner to decide applications
(1) If the commissioner is satisfied that a first home owner grant is
payable on an application, the commissioner must authorise the
payment of the grant.
(2) The commissioner may authorise the payment of a first home owner
grant before completion of the eligible transaction if satisfied that—
(a) there are good reasons for doing so; and
Part 2 First home owner grant
Division 2.5 Decision on application
Section 18
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(b) the interests of the Territory can be adequately protected by
conditions requiring repayment of the grant if the transaction is
not completed within a reasonable time.
18 Amount of grant
(1) The amount of a first home owner grant is the lesser of the following:
(a) the consideration for the eligible transaction;
(b) an amount determined by the Minister.
(2) A determination is a disallowable instrument.
Note
A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
19 Payment of grant
(1) A first home owner grant is to be paid by electronic funds transfer, by
cheque or in any other way the commissioner considers appropriate.
(2) A first home owner grant is to be paid—
(a) to the applicant; or
(b) to someone else to whom the applicant directs in writing that the
grant be paid.
20 Payment in anticipation of compliance with residence
requirements or first home owner grant cap
(1) The commissioner may authorise payment of a first home owner
grant in anticipation of compliance with the residence requirements
if the commissioner is satisfied that each applicant intends to comply
with the residence requirements.
(2) If a first home owner grant is paid in anticipation of compliance with
the residence requirements, the payment is made on condition that, if
the residence requirements are not complied with, the applicant must
within 14 days after the relevant date—
First home owner grant Part 2
Decision on application Division 2.5
Section 20
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(a) give written notice of that fact to the commissioner; and
(b) repay the amount of the grant.
(3) The relevant date is the earlier of the following:
(a) the end of the period allowed for compliance with the residence
requirements;
(b) the date it first becomes apparent that the residence requirements
will not be complied with during the period allowed for
compliance.
(4) The commissioner may authorise payment of a first home owner
grant in anticipation of compliance with the first home owner grant
cap if—
(a) the grant is to be paid in relation to an eligible transaction that
involves the building of a home by an owner builder before the
completion of the eligible transaction; and
(b) the first home owner grant cap applies to the eligible transaction.
(5) If a first home owner grant is paid in anticipation of compliance with
the first home owner grant cap, the payment is made on condition
that, if the applicant becomes aware that the total value of the eligible
transaction is, or will be, more than the first home owner grant cap,
the applicant must, within 14 days after the day the applicant becomes
aware of that fact—
(a) give written notice of that fact to the commissioner; and
(b) repay the amount of the grant.
(6) If a first home owner grant is paid to a person on the condition
mentioned in subsection (2) or (5), the person must comply with the
condition.
Maximum penalty: 50 penalty units.
(7) An offence against this section is a strict liability offence.
Part 2 First home owner grant
Division 2.5 Decision on application
Section 21
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21 Conditions generally
(1) The commissioner may authorise the payment of a first home owner
grant on conditions the commissioner considers appropriate.
(2) A condition imposed by the commissioner (under this section or any
other provision of this Act) may require a person on whose
application the first home owner grant is paid—
(a) to give notice of noncompliance with the condition within a
period stated in the condition; and
(b) to repay the grant or part of the grant within a period stated in
the condition.
(3) For a joint application, each applicant is individually liable to comply
with a requirement under subsection (2) but compliance by any of
them is to be regarded as compliance by all.
(4) If a first home owner grant is paid to a person on a condition imposed
by the commissioner under this section or another provision of this
Act, the person must comply with the condition.
Maximum penalty: 50 penalty units.
(5) An offence against this section is a strict liability offence.
22 Death of applicant
(1) An application for a first home owner grant does not lapse because an
applicant dies before the application is decided.
(2) If an applicant dies before the application is decided, the following
provisions apply:
(a) if the deceased applicant was one of 2 or more applicants and
1 or more applicants survive—the application is to be dealt with
as if the surviving applicants were the sole applicants;
(b) in any other case—a first home owner grant, if payable on the
application, is to be paid to the estate of the deceased applicant.
First home owner grant Part 2
Objections and appeals Division 2.6
Section 23
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(3) A deceased applicant for a first home owner grant is taken to have
complied with section 12 (Criterion 5—Residence requirements) if—
(a) the applicant had not, when the applicant died, complied with
that section; and
(b) the commissioner is satisfied the applicant intended to comply
with that section.
23 Power to correct decision
(1) If the commissioner decides an application, and is later satisfied
(independently of an objection under this Act) that the decision is
incorrect, the commissioner may vary or reverse the decision.
(2) A decision cannot be varied or reversed under this section more than
5 years after it was made.
24 Notification of decision
(1) If the commissioner decides an application (or decides to vary or
reverse an earlier decision on an application), the commissioner must
give the applicant notice of the decision.
(2) If the decision is to authorise the payment of a first home owner grant,
the payment of the grant is sufficient notice of the decision.
(3) If the decision is to refuse an application, or to vary or reverse an
earlier decision on an application, the commissioner must state in the
notice the reasons for the decision.
Division 2.6 Objections and appeals
24I
Meaning of objector—div 2.6
In this division:
objector means a person who gives a written objection to the
commissioner under section 25.
Part 2 First home owner grant
Division 2.6 Objections and appeals
Section 25
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25 Objections
(1) An applicant may give a written objection to the commissioner if the
applicant is dissatisfied with the commissioner’s decision in any way.
Note 1 For how documents may be given, see Legislation Act, pt 19.5.
Note 2
A fee may be determined under s 54 (Determination of fees) for this
section.
(2) A third-party debtor for a grant recipient may give a written objection
to the commissioner if the debtor is dissatisfied with a decision of the
commissioner to require the debtor to pay a recoverable amount
instead of the grant recipient.
(3) The commissioner must refund any fee paid in relation to the
objection if—
(a) the commissioner allows the objection in whole or in part; or
(b) the objector applies to the ACAT for review of the
commissioner’s decision on the objection and—
(i) the ACAT or a court hearing the review or appeal on the
matter upholds the objection in whole or in part; and
(ii) the period when any further appeal can be made has ended;
and
(iii) neither the objector nor the commissioner has appealed
against the decision in relation to a part of the objection
that was upheld.
(4) In this section:
recoverable amount—see section 49 (1).
First home owner grant Part 2
Objections and appeals Division 2.6
Section 26
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26 Grounds for objection
(1) The grounds for the objection must be stated fully and in detail and
must be in writing.
(2) The burden of showing that the objection should be upheld lies with
the objector.
27 Time for making objection
The objection must be given to the commissioner not later than
60 days after notice of the decision objected to is given to the
objector.
28 Objections made out of time
(1) The commissioner may permit the objector to make an objection after
the 60-day period.
(2) If the objector wishes to make the objection after the 60-day period,
the objector must state fully and in detail, in writing, the
circumstances concerning and the reasons for the failure to make the
objection within the period.
(3) The commissioner may give permission unconditionally or subject to
conditions or may refuse permission.
(4) The commissioner must give notice to the objector of the
commissioner’s decision.
(5) If the commissioner does not give permission unconditionally, the
commissioner must include in the notice an explanation for refusing
to give permission or for imposing conditions on the permission.
29 Decision on objection
The commissioner must consider the objection and either allow the
objection in whole or in part or disallow the objection.
Part 2 First home owner grant
Division 2.6 Objections and appeals
Section 30
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30 Reviewable decision notices
The commissioner must give a reviewable decision notice to the
objector of the commissioner’s decision on an objection.
Note 1 The commissioner must also take reasonable steps to give a reviewable
decision notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2
The requirements for reviewable decision notices are prescribed under
the ACT Civil and Administrative Tribunal Act 2008.
31 Applications for review
The following may apply to the ACAT for review of a decision of the
commissioner under section 29:
(a) the objector in relation to the decision;
(b) any other person whose interests are affected by the decision.
Note
If a form is approved under the ACT Civil and Administrative Tribunal
Act 2008 for the application, the form must be used.
32 Giving effect to decision on review
(1) Within 60 days after a decision of the ACAT becomes final, the
commissioner must take any action that is necessary to give effect to
the decision.
(2) For this section, a decision of the ACAT becomes final when a period
of 30 days has passed after 1 of the following decisions and no appeal
against the decision is made within the 30-day period:
(a) a decision of the ACAT on application for review;
(b) a decision by a court hearing an appeal from—
(i) the decision of the ACAT; or
(ii) a decision of a lower court in relation to the decision of the
ACAT.
Administration Part 3
Administration generally Division 3.1
Section 33
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Part 3 Administration
Division 3.1 Administration generally
33
Administration
The
commissioner
is
responsible
to
the
Minister
for the
administration of the first home owner grant scheme.
34 Authorised officers
(1) A person is an authorised officer for this Act if the person is an
authorised officer under the Taxation Administration Act 1999,
section 79.
(2) For this Act, a notice may be issued by the commissioner under the
Taxation Administration Act 1999, section 79 (3) to a person who is
engaged in the administration of a corresponding law.
(3) A person to whom the commissioner delegates functions under
division 3.2 is an authorised officer for this Act and the Taxation
Administration Act 1999.
Note The commissioner’s power of delegation is in the Taxation
Administration Act 1999, s 78.
35 Identity cards
(1) An identity card issued to a person under the Taxation Administration
Act 1999, section 80 (1) may state that the person is an authorised
officer for the purposes of this Act.
Note
Section 80 (1) requires an identity card to be issued to each authorised
person.
(2) This section is additional to, and does not limit, the Taxation
Administration Act 1999, section 80.
Part 3 Administration
Division 3.2 Investigations
Section 36
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36 Administration agreements
(1) Without limiting the Taxation Administration Act 1999, section 78,
the commissioner may enter into an agreement (an administration
agreement) with a financial institution or anyone else under which—
(a) the commissioner delegates under that section functions related
to the administration of the first home owner grant scheme; and
(b) the financial institution or other person is required to carry out
the delegated functions in accordance with stated conditions.
Note Under the Taxation Administration Act 1999, s 78 the commissioner may
delegate to any person any function of the commissioner under that or
any other Act.
(2) The conditions of an administration agreement may include
conditions prescribed under the regulations.
(3) If an administration agreement with a financial institution or anyone
else includes a condition prescribed by regulation, the financial
institution or other person must comply with the condition.
Maximum penalty: 50 penalty units.
(4) An offence against this section is a strict liability offence.
(5) The commissioner may, at any time, revoke an administration
agreement, including any delegation included in the agreement.
Division 3.2 Investigations
37
Authorised investigations
An authorised investigation is an investigation to decide—
(a) whether an application under this Act or a corresponding law for
a first home owner grant has been properly made; or
(b) whether an objection to a decision made under this Act or a
corresponding law should be upheld; or
Administration Part 3
Investigations Division 3.2
Section 38
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(c) whether an applicant to whom, or for whose benefit, a first home
owner grant has been paid under this Act or a corresponding law
was eligible for the grant; or
(d) whether a condition on which a first home owner grant has been
paid under this Act or a corresponding law has been complied
with; or
(e) anything else reasonably related to the administration or
enforcement of this Act or a corresponding law.
38 Cross-border investigation
(1) The commissioner may, at the request of an authority responsible for
administering a corresponding law, carry out an authorised
investigation for the corresponding law.
(2) The commissioner may, under the Taxation Administration Act 1999,
section 78, delegate powers of investigation under this division to the
authority responsible for the administration of a corresponding law,
or a person nominated by that authority.
(3) Subsection (2) does not limit the Taxation Administration Act 1999,
section 78.
38A Power to require valuation
(1) For the purposes of deciding the total value of an eligible transaction,
the commissioner may do 1 or more of the following:
(a) require, by written notice, an applicant or former applicant for a
first home owner grant to give the commissioner—
(i) a valuation by a valuer of any property or consideration; or
(ii) other evidence of the value of the property or consideration
the commissioner considers appropriate;
Part 3 Administration
Division 3.2 Investigations
Section 39
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(b) have a valuation made of any property or consideration;
(c) adopt any available valuation of the property or consideration
by a valuer.
(2) In this section:
valuer means—
(a) a certified practising valuer who is a member of the Australian
Property Institute; or
(b) a person the commissioner considers suitably qualified.
39 Power to require information, records or other
documents or attendance for examination
(1) The commissioner may, for an authorised investigation, by written
notice given to a person, require the person—
(a) to provide to the commissioner (either orally or in writing)
information that is described in the notice; or
(b) to attend and give evidence before an authorised officer; or
(c) to produce to the commissioner a record or other document
described in the notice that is in the person’s custody or control.
Note For how documents may be given, see Legislation Act, pt 19.5.
(2) The commissioner—
(a) may state whether information or evidence to be provided or
given under this section must be given orally or in writing; and
(b) may require any information or evidence given in writing to be
in the form of, or verified by, a statutory declaration; and
Note 1
The Statutory Declarations Act 1959 (Cwlth) applies to the making
of statutory declarations under ACT laws.
Note 2
It is an offence to make a false or misleading statement, give false
or misleading information or produce a false or misleading
document (see Criminal Code, pt 3.4).
Administration Part 3
Investigations Division 3.2
Section 40
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(c) may require any information or evidence given orally to be
given on oath or affirmation.
(3) A person commits an offence if the person—
(a) fails to comply with the requirements of a notice under this
section within the period stated in the notice or any further
period allowed by the commissioner; or
(b) fails to comply with any other requirement of the commissioner
about the giving of evidence or how information or evidence is
to be provided or given under this section.
Maximum penalty: 50 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable excuse
for failing to comply with the requirement.
(5) An offence against this section is a strict liability offence.
40 Powers of entry and inspection
(1) An authorised officer may, for an authorised investigation, enter and
inspect any premises at any reasonable time and do any of the
following:
(a) remain on the premises;
(b) examine all documents and seize and remove, or take copies of
or extracts from, any document on behalf of the commissioner;
(c) require anyone on the premises to answer questions or otherwise
provide information;
(d) require anyone on the premises to give access to any document
in the person’s custody or control, and to—
(i) produce or display the document; or
Part 3 Administration
Division 3.2 Investigations
Section 41
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(ii) provide a copy of the document or a version of it in some
form other than that in which it is normally kept;
in any printed, electronic or other form that it is reasonably
practicable to provide;
(e) require the owner or occupier of the premises to provide the
authorised officer with such assistance and facilities as are
reasonably necessary to enable the authorised officer to exercise
powers under this division.
(2) An authorised officer who enters premises under subsection (1) and
is requested by the occupier to identify himself or herself is only
authorised to remain on the premises if the authorised officer
produces his or her identity card to the occupier.
(3) The powers of entry and inspection under this section must not be
exercised in relation to premises, or a part of premises, used for
residential purposes except with the consent of the owner or occupier
of the premises or part.
(4) In this section:
occupier, of premises, includes a person apparently in charge of or
responsible for the premises.
41 Search warrant
(1) If a magistrate is satisfied, on the application of the commissioner
supported by an affidavit or other sworn evidence, that there is a
reasonable ground for suspecting that a document relevant to an
authorised investigation may be found in particular premises, the
magistrate may issue a warrant authorising an authorised officer
together with any assistants named or described in the warrant—
(a) to enter those premises, using such force as is necessary for the
purpose; and
Administration Part 3
Investigations Division 3.2
Section 42
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(b) to search the premises and to break open and search anything in
the premises in which a document may be stored or concealed;
and
(c) to seize or remove, on behalf of the commissioner, any
document that appears to be relevant to the authorised
investigation.
(2) The powers given by this section are additional to, and do not limit,
any other powers given by law.
42 Use and inspection of documents and records produced
or seized
(1) This section applies to a document that has been produced to the
commissioner or seized and removed by an authorised officer.
(2) The document may be kept for as long as is necessary to enable it to
be inspected and copies of or extracts or notes from it to be made.
(3) If the document is required by the commissioner as evidence for a
legal proceeding, it may be kept until the proceedings are finally
decided.
(4) The commissioner must permit a person who would be entitled to
inspect the document if it were not in the commissioner’s possession
to inspect the document at any reasonable time.
(5) This section does not affect any lien a person has on the document.
43 Privileges against self-incrimination and exposure to civil
penalty
(1) This section applies if a person is required to answer a question, give
information or produce a document under section 39.
Part 3 Administration
Division 3.2 Investigations
Section 45
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(2) The person cannot rely on the common law privileges against
self-incrimination and exposure to the imposition of a civil penalty to
refuse to answer the question, give the information or produce the
document.
Note The Legislation Act, s 171 deals with client legal privilege.
(3) However, any information, document or other thing obtained, directly
or indirectly, because of the answering of the question, giving of the
information or producing of the document, is not admissible in
evidence against the person in a criminal proceeding, other than a
proceeding for—
(a) an offence in relation to the failure to answer the question, give
the information or produce the document; or
(b) any offence in relation to the falsity or the misleading nature of
the answer, information or document.
45 Failing to comply with requirement of authorised officer
(1) A person must comply with a requirement made of the person by an
authorised officer under this division.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
(3) A person does not commit an offence against this section arising from
the entry of an authorised officer into premises unless the prosecution
establishes that, at the material time, the authorised officer had—
(a) identified himself or herself as an authorised officer; and
(b) warned the person that a failure to comply with the requirement
was an offence.
Repayment and recovery of grant Part 4
Section 46
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Part 4 Repayment and recovery of grant
46 Definitions—pt 4
In this part:
recoverable amount—see section 49 (1).
recovery notice—see section 49A (2).
46A Meaning of third-party debtor
A third-party debtor, for a grant recipient, means 1 or more of the
following people:
(a) a person from whom any money is due or accruing, or may
become due, to the grant recipient;
(b) a person who holds, or may subsequently hold, money for or on
account of the grant recipient;
(c) a person who holds, or may subsequently hold, money for or on
account of someone else for payment to the grant recipient;
(d) a person who has authority from someone else to pay money to
the grant recipient.
47 Power to require repayment and impose penalty
(1) The commissioner may, by written notice, require an applicant (or
former applicant) for a first home owner grant to repay an amount
paid on the application if—
(a) the amount was paid in error; or
(b) the commissioner reverses the decision under which the amount
was paid for any other reason.
Part 4 Repayment and recovery of grant
Section 48
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(2) If, because of an applicant’s dishonesty, an amount is paid by way of
a first home owner grant, the commissioner may, by the notice in
which repayment is required or a separate notice, impose a penalty of
not more than the amount the applicant is required to repay.
(3) If an applicant (or former applicant) for a first home owner grant fails
to make a repayment required under this section or the conditions of
the grant, the commissioner may, by written notice, impose a penalty
of not more than the amount the applicant is required to repay.
(4) If an amount is paid in error on an application for a first home owner
grant to a third party, the commissioner may, by written notice,
require the third party to repay the amount to the commissioner.
48 Interest in relation to repayments
(1) A person is liable to pay interest under this section on the amount of
a first home owner grant paid to the person if the amount is repayable
under section 20 (2) (b) or section 21 (2).
(2) A person is liable to pay interest under this section on an amount paid
to the person on an application for a first home owner grant if the
amount is repayable under section 47.
(3) Interest under this section is to be calculated on a daily basis from—
(a) if the amount is repayable under section 20 (2) (b)—the relevant
date as defined in section 20 (3); or
(b) if the amount is repayable under section 21 (2)—the day the
notice mentioned in section 21 (2) (a) is given to the
commissioner; or
(c) if the amount is repayable under section 47 (1)—the date the
amount was paid to the applicant.
(4) For this section, the interest rate is the interest rate mentioned in the
Taxation Administration Act 1999, section 26.
Repayment and recovery of grant Part 4
Section 49
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49 Power to recover amount paid in error etc
(1) This section applies to the following amounts (each of which is a
recoverable amount):
(a) an amount that an applicant (or former applicant) for a first home
owner grant is required to repay under the conditions of the grant
or by requirement of the commissioner under this Act;
(b) the amount of a penalty imposed on an applicant (or former
applicant) for a first home owner grant;
(c) an amount a third party is required to repay by requirement of
the commissioner under this Act;
(d) interest the applicant is required to pay under section 48.
(2) The liability arising from a requirement to pay (or repay) a
recoverable amount is joint and several if the requirement attaches to
2 or more persons.
(3) If an applicant who is liable to pay a recoverable amount has an
interest in the home for which the first home owner grant was sought,
the liability is a first charge on the applicant’s interest in the home.
(4) The commissioner may recover a recoverable amount as a debt to the
Territory.
(5) The commissioner may enter into an arrangement (which may include
provision for the payment of interest) for payment of a liability
outstanding under this section by instalments.
(6) The commissioner may remit or refund all or part of an amount of
interest paid or payable by a person.
(7) The commissioner may write off the whole or part of a liability to pay
a recoverable amount if satisfied that action, or further action, to
recover the amount outstanding is impracticable or unwarranted.
Part 4 Repayment and recovery of grant
Section 49A
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49A Power to recover amounts from third-party debtors
(1) The commissioner may require a third-party debtor for a grant
recipient to pay a recoverable amount instead of the grant recipient.
(2) The requirement must be made by written notice (a recovery notice)
given to the third-party debtor.
Note For how documents may be given, see s 53 (1) (c).
(3) The recovery notice must—
(a) state the date of the notice; and
(b) state the recoverable amount; and
(c) include a statement about the effect of section 49B (1); and
(d) if section 49B (2) applies—include a statement about the effect
of the section, and the amount required to be paid out of each
instalment; and
(e) include a statement about the effect of section 49B (3).
(4) The recovery notice may also state a day by which the amount
required to be paid under the recovery notice is payable.
(5) The commissioner must give a copy of the recovery notice to the grant
recipient.
49B Payment of recoverable amounts by third-party debtors
(1) The amount that a third-party debtor for a grant recipient is required
to pay under a recovery notice is—
(a) if the amount payable by the third-party debtor to the grant
recipient is equal to or less than the recoverable amount—all of
the amount payable; or
(b) if the amount payable by the third-party debtor to the grant
recipient is more than the recoverable amount—the recoverable
amount.
Repayment and recovery of grant Part 4
Section 49C
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(2) If the amount payable by the third-party debtor to the grant recipient
is payable in instalments, the commissioner may require the debtor to
pay the commissioner an amount out of each instalment.
(3) A third-party debtor must pay the commissioner the amount required
to be paid under a recovery notice by the later of the following:
(a) receipt of the recovery notice;
(b) when the amount held by the third-party debtor becomes due to
the grant recipient;
(c) the day (if any) stated by the commissioner in the recovery
notice.
49C Payment of recoverable amounts by others
(1) This section applies if—
(a) the commissioner gives a recovery notice to a third-party debtor
for a grant recipient; and
(b) someone else pays all or part of the recoverable amount to the
commissioner after the notice is given.
(2) If the other person pays all of the recoverable amount, the
commissioner must—
(a) tell the third-party debtor that the debtor is not liable to pay the
recoverable amount; and
(b) if the third-party debtor makes a payment towards the
recoverable amount after the other person pays all of the
amount—repay the third-party debtor the payment.
(3) If the other person pays part of the recoverable amount, the
commissioner must give the third-party debtor another notice
(a revised recovery notice) stating the new amount that the debtor is
required to pay.
Part 4 Repayment and recovery of grant
Section 49D
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49D Offence—third-party debtors to comply with notices
(1) A third-party debtor for a grant recipient must comply with—
(a) a recovery notice; or
(b) if a revised recovery notice is given to the debtor—the revised
recovery notice.
Maximum penalty: 50 penalty units.
(2) If a third-party debtor is convicted of an offence against
subsection (1), the court may, in addition to imposing a penalty on the
debtor, order the debtor to pay the commissioner an amount that is
not more than the recoverable amount under the recovery notice or
revised recovery notice to which the offence relates.
(3) In this section:
revised recovery notice—see section 49C (3).
49E Third-party debtors indemnified
A third-party debtor for a grant recipient who makes a payment under
this part is—
(a) taken to be acting under the authority of the grant recipient and
anyone else concerned; and
(b) indemnified by this section in relation to the payment.
Miscellaneous Part 5
Section 50
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Part 5 Miscellaneous
50 Secrecy
(1) In this section:
person to whom this section applies means a person who—
(c) is, or has been, engaged in work related to the administration of
this Act; or
(d) has obtained access to protected information (directly or
indirectly) from a person who is, or has been, engaged in work
related to the administration of this Act.
protected information means information about the following people
that is disclosed to, or obtained by, a person to whom this section
applies in the course of work related to the administration of this Act:
(a) a grant recipient;
(b) a third-party debtor for a grant recipient.
(2) A person to whom this section applies commits an offence if the
person—
(a) does something that discloses protected information about
someone else; and
(b) is reckless about whether—
(i) the information is protected information about someone
else; and
(ii) doing the thing would result in the information being
disclosed.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Part 5 Miscellaneous
Section 51
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(3) This section does not apply if the information is disclosed—
(a) under this Act or another territory law; or
(b) in relation to the exercise of a function, as a person to whom this
section applies, under this Act or another territory law; or
(c) in relation to the administration or enforcement of—
(i) a corresponding law; or
(ii) a law of the Commonwealth, a State or another Territory
for the assessment or imposition of a tax; or
(d) with the consent of the person to whom the information relates
or a person acting for that person; or
(e) for the purpose of a legal proceeding; or
(f) as authorised by regulation.
51 Evidence
(1) A certificate signed by the commissioner stating that a first home
owner grant was paid to a person named in the certificate on a stated
date is admissible in legal proceedings as evidence of the payment.
(2) A copy of a notice issued by the commissioner imposing a penalty
under this Act is admissible in legal proceedings as evidence of the
imposition of the penalty.
(3) A copy of a notice issued by the commissioner requiring the payment
or repayment of a stated amount is admissible in legal proceedings as
evidence—
(a) that the requirement was made; and
(b) that the amount stated in the notice was outstanding at the date
of the notice.
Miscellaneous Part 5
Section 52
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52 Protection of officers etc
(1) This section applies to—
(a) the commissioner; and
(b) an authorised officer; and
(c) a delegate of the commissioner who is a public servant.
(2) No personal liability attaches to a person to whom this section applies
for an honest act or omission in the exercise, or purported exercise,
of functions under this Act.
(3) A liability that would, apart from subsection (2), lie against a person
to whom this section applies lies against the Territory.
53 Application of certain provisions of Taxation
Administration Act
(1) The following sections of the Taxation Administration Act 1999 apply
to this Act as if it were a tax law within the meaning of that Act:
(a) section 127 (Service of documents on commissioner);
(b) section 128 (Day of service of document or payment of money);
(c) section 129 (Service of documents by commissioner).
(2) This section does not, by implication, limit the application to this Act
of any other provision of the Taxation Administration Act 1999.
54 Determination of fees
(1) The Minister may determine fees for this Act.
(2) A determination under this section is a disallowable instrument.
Note
A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act 2001.
Part 5 Miscellaneous
Section 56
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56 Regulation-making power
(1) The Executive may make regulations for this Act.
Note
Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act 2001.
(2) A regulation may create offences and fix maximum penalties of not
more than 10 penalty units for the offences.
Dictionary
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Dictionary
(see s 2)
Note 1
The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• administrative unit
• Australian citizen
• civil partner
• civil partnership
• civil union
• civil union partner
• commissioner for revenue
• contravene
• corporation
• exercise
• fail
• function
• penalty unit
• public servant
• reviewable decision notice
• State
• writing.
authorised investigation—see section 37.
authorised officer—see section 34.
building includes part of a building.
commencement date, of an eligible transaction—see section 13 (3)
and (5).
commissioner means the commissioner for revenue.
completed, for an eligible transaction—see section 13 (4).
Dictionary
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consideration, for an eligible transaction—see section 13 (6).
corresponding law means an Act of a State corresponding to this Act.
eligibility criteria means the criteria for deciding whether an
applicant for a first home owner grant is eligible for the grant (see
division 2.2).
eligible transaction—see section 13 (1) and (2).
first home owner grant means a grant authorised under section 17.
first home owner grant cap means the first home owner grant cap
mentioned in section 13A.
first home owner grant scheme means the scheme for payment of
first home owner grants established under this Act.
grant recipient means—
(a) an applicant (or former applicant) for a first home owner grant
to whom an amount is paid under this Act; or
(b) any other person to whom an amount is paid under this Act.
guardian, of a person under a legal disability, includes a trustee who
holds property on trust for the person under an instrument of trust or
by order or direction of a court or tribunal.
home—see section 4.
home owner—see section 5 (1).
identity card—see the Taxation Administration Act 1999, dictionary.
new home, for division 2.3 (Eligible transactions)—
see section 12B (1).
objector, for division 2.6 (Objections and appeals)—see section 24I.
owner means—
(a) of land—a person who has a relevant interest in the land; or
(b) of a home—see section 5 (1).
Dictionary
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partner, of an applicant—see section 6.
permanent resident means—
(a) a person who holds a permanent visa for the Migration Act 1958
(Cwlth), section 30; or
(b) a New Zealand citizen who holds a special category visa under
the Migration Act 1958 (Cwlth), section 32.
recoverable amount, for part 4 (Repayment and recovery of grant)—
see section 49 (1).
recovery notice, for part 4 (Repayment and recovery of grant)—see
section 49A (2).
relevant interest in land—see section 5 (2), (3) and (4).
residence requirements means—
(a) the requirement—
(i) under section 12 (1), that an applicant for a first home
owner grant must occupy the home to which the
application relates as the applicant’s principal place of
residence for a continuous period of at least 1 year; or
(ii) under section 12 (1) and (2) (a), that an applicant for a first
home owner grant must occupy the home to which the
application relates as the applicant’s principal place of
residence for a shorter period approved by the
commissioner; and
(b) the requirement under section 12 (3) that the period of
occupation required under section 12 (1), or section 12 (1) and
(2) (a), must start within 1 year after completion of the eligible
transaction or a longer period approved by the commissioner.
third-party debtor, for a grant recipient—see section 46A.
total value of an eligible transaction—see section 13B (1).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act
NI = Notifiable instrument
AF = Approved form
o = order
am = amended
om = omitted/repealed
amdt = amendment
ord = ordinance
AR = Assembly resolution
orig = original
ch = chapter
par = paragraph/subparagraph
CN = Commencement notice
pres = present
def = definition
prev = previous
DI = Disallowable instrument
(prev…) = previously
dict = dictionary
pt = part
disallowed = disallowed by the Legislative
r = rule/subrule
Assembly
reloc = relocated
div = division
renum = renumbered
exp = expires/expired
R[X] = Republication No
Gaz = gazette
RI = reissue
hdg = heading
s = section/subsection
IA = Interpretation Act 1967
sch = schedule
ins = inserted/added
sdiv = subdivision
LA = Legislation Act 2001
SL = Subordinate law
LR = legislation register
sub = substituted
LRA = Legislation (Republication) Act 1996
underlining = whole or part not commenced
mod = modified/modification
or to be expired
Endnotes
Legislation history 3
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3 Legislation history
First Home Owner Grant Act 2000 A2000-23
notified 15 June 2000 (Gaz 2000 No 24)
s 1, s 2 commenced 15 June 2000 (IA s 10B)
remainder commenced 1 July 2000 (s 2)
as amended by
Treasury and Infrastructure Legislation Amendment Act 2000
A2000-78 s 3
notified 21 December 2000 (Gaz 2000 No S69)
s 1, s 2 commenced 21 December 2000 (IA s 10B)
s 3 commenced 1 July 2000 (s 2 (1))
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 154
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 154 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
First Home Owner Grant Amendment Act 2001 A2001-46
notified 12 July 2001 (Gaz 2001 No 28)
commenced 12 July 2001 (s 2)
Legislation Amendment Act 2002 A2002-11 pt 2.21
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.21 commenced 28 May 2002 (s 2 (1))
First Home Owner Grant Amendment Act 2002 A2002-13
notified LR 23 May 2002
s 1, s 2 commenced 23 May 2002 (LA s 75)
remainder commenced 24 May 2002 (s 2)
Revenue Legislation Amendment Act 2002 (No 2) A2002-48 pt 2
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
pt 2 commenced 21 December 2002 (s 2 (2))
Endnotes
3 Legislation history
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Legislation (Gay, Lesbian and Transgender) Amendment Act 2003
A2003-14 sch 1 pt 1.16
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75)
sch 1 pt 1.16 commenced 28 March 2003 (s 2)
Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.11
notified LR 11 September 2003
s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
sch 3 pt 3.11 commenced 9 October 2003 (s 2 (1))
Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.10
notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.10 commenced 19 December 2003 (s 2)
First Home Owner Grant Amendment Act 2003 A2003-60
notified LR 18 December 2003
s 1, s 2 commenced 18 December 2003 (LA s 75 (1))
s 3, s 4 commenced 19 December 2003 (s 2 (1))
remainder commenced 1 January 2004 (s 2 (2))
Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 2 pt 2.36
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.36 commenced 9 April 2004 (s 2 (1))
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.20
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.20 commenced 24 November 2005 (s 2)
Civil Unions Act 2006 A2006-22 sch 1 pt 1.15
notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.15 never commenced
Note
Act repealed by disallowance 14 June 2006 (see Cwlth Gaz
2006 No S93)
Endnotes
Legislation history 3
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Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.18
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))
sch 3 pt 3.18 commenced 27 December 2007 (s 2)
Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.13
notified LR 15 May 2008
s 1, s 2 commenced 15 May 2008 (LA s 75 (1))
sch 1 pt 1.13 commenced 19 May 2008 (s 2 and CN2008-8)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.42
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.42 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Revenue Legislation Amendment Act 2009 A2009-4 pt 3
notified LR 4 March 2009
s 1, s 2 commenced 4 March 2009 (LA s 75 (1))
pt 3 commenced 5 March 2009 (s 2)
First Home Owner Grant Amendment Act 2009 A2009-10
notified LR 7 April 2009
s 1, s 2 commenced 7 April 2009 (LA s 75 (1))
remainder commenced 8 April 2009 (s 2)
as modified by
First Home Owner Grant Regulation 2008 SL2008-4 (as am by
SL2009-33 s 4)
notified LR 11 March 2008
s 1, s 2 commenced 11 March 2008 (LA s 75 (1))
remainder commenced 12 March 2008 (LA s 73 (3) but see CN2008-2)
First Home Owner Grant Amendment Regulation 2009 (No 2)
SL2009-33 s 4
notified LR 29 June 2009
s 1, s 2 commenced 29 June 2009 (LA s 75 (1))
s 4 commenced 1 July 2009 (s 2)
Note
This regulation only amends the First Home Owner Grant
Regulation 2008 SL2008-4.
Endnotes
3 Legislation history
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as amended by
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.33
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.33 commenced 22 September 2009 (s 2)
First Home Owner Grant Amendment Act 2009 (No 2) A2009-29
notified LR 23 September 2009
s 1, s 2 commenced 23 September 2009 (LA s 75 (1))
remainder commenced 24 September 2009 (s 2)
Revenue Legislation Amendment Act 2010 A2010-1 pt 2
notified LR 16 February 2010
s 1, s 2 commenced 16 February 2010 (LA s 75 (1))
pt 2 commenced 17 February 2010 (s 2)
First Home Owner Grant Amendment Act 2010 A2010-46
notified LR 24 November 2010
s 1, s 2 commenced 24 November 2010 (LA s 75 (1))
remainder commenced 25 November 2010 (s 2)
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.21
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 3 pt 3.21 commenced 5 June 2012 (s 2 (1))
Civil Unions Act 2012 A2012-40 sch 3 pt 3.15
notified LR 4 September 2012
s 1, s 2 commenced 4 September 2012 (LA s 75 (1))
sch 3 pt 3.15 commenced 11 September 2012 (s 2)
First Home Owner Grant Amendment Act 2013 A2013-34
notified LR 26 August 2013
s 1, s 2 commenced 26 August 2013 (LA s 75 (1))
remainder commenced 1 September 2013 (s 2)
Planning and Development (University of Canberra and Other
Leases) Legislation Amendment Act 2015 A2015-19 pt 9
notified LR 11 June 2015
s 1, s 2 commenced 11 June 2015 (LA s 75 (1))
pt 9 commenced 1 July 2015 (s 2 and CN2015-9)
Endnotes
Legislation history 3
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First Home Owner Grant Amendment Act 2015 A2015-27
notified LR 20 August 2015
s 1, s 2 commenced 20 August 2015 (LA s 75 (1))
remainder commenced 1 January 2016 (s 2)
Revenue Legislation Amendment Act 2015 A2015-49 pt 3
notified LR 24 November 2015
s 1, s 2 commenced 24 November 2015 (LA s 75 (1))
pt 3 commenced 25 November 2015 (s 2)
Public Sector Management Amendment Act 2016 A2016-52 sch 1
pt 1.27
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.27 commenced 1 September 2016 (s 2)
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.17
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.17 commenced 23 June 2021 (s 2 (1))
Endnotes
4 Amendment history
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4 Amendment history
Dictionary
s 2 orig s 2 om R1 LRA
ins A2003-41 amdt 3.218
am A2003-56 amdt 3.140
Notes
s 3
sub A2003-41 amdt 3.218
Offences against Act—application of Criminal Code etc
s 3A
ins A2005-54 amdt 1.133
Ownership of land and homes
s 5
am A2003-41 amdts 3.219–3.221; A2015-19 s 50, s 51; pars
renum R30 LA
Partner of applicant
s 6
am A2003-14 amdt 1.58, amdt 1.59; A2006-22 amdt 1.65
(A2006-22 rep before commenced by disallowance (see
Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.36; A2012-40
amdt 3.55
Entitlement to grant
s 7
am A2010-46 s 4
Eligibility criteria for applicants
div 2.2 hdg
sub A2003-41 amdt 3.222
Criterion 3—Applicant (or applicant’s partner) must not have received an
earlier grant
s 10
am A2010-46 s 5
Criterion 1A—Applicant to be at least 18 years old
s 8A
ins A2003-60 s 4
(3)-(5) exp 19 December 2004 (s 8A (5))
Criterion 4—Applicant (or applicant’s partner) must not have had relevant
interest in residential property
s 11
am A2002-48 s 4; A2003-41 amdt 2.223; A2003-60 ss 5-7
Criterion 5—Residence requirements
s 12
sub A2003-60 s 8
am A2010-1 s 4; A2013-34 s 4
Criterion 6—Applicant must not have been convicted of offence against Act
s 12A
ins A2010-46 s 6
Meaning of new home—div 2.3
s 12B
ins A2013-34 s 5
am A2015-49 s 15
Endnotes
Amendment history 4
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Meaning of eligible transaction etc
s 13 hdg
s 13
sub A2003-41 amdt 2.224
am A2003-41 amdts 2.225–2.229; A2013-34 s 6, s 7;
A2015-49 ss 16-18
First home owner grant cap
s 13A
ins A2001-46 s 4
sub A2002-13 s 4
am A2003-41 amdt 2.230, amdt 2.231
exp 1 July 2004 (s 13A (12))
ins A2010-46 s 7
Meaning of total value of eligible transaction etc
s 13B
ins A2010-46 s 7
Application for grant
s 14
am A2001-44 amdts 1.1727-1.1729
renum R2 LA (see A2001-44 amdt 1.1730)
am A2003-41 amdt 3.232; A2012-21 amdt 3.80;
A2021-12 amdt 3.37
Amount of grant
s 18 am A2001-46 s 5, s 6; A2002-13 s 5, s 6; A2009-10 s 4
(2)-(4) exp 1 July 2013 (s 18 (4) (LA s 88 declaration applies))
am A2013-34 s 8; A2015-27 s 4, s 5
Amount of grant for special eligible transactions
s 18A ins A2002-13 s 7
exp 1 July 2004 (s 18A (6))
Payment in anticipation of compliance with residence requirements or first
home owner grant cap
s 20 hdg
s 20
sub A2003-60 s 9; A2010-46 s 8
am A2003-60 s 10; A2005-54 amdt 1.134; A2010-46 s 9, s 10;
ss renum R25 LA
Conditions generally
s 21
Death of applicant
s 22
am A2005-54 amdt 1.135; A2009-10 s 5
am A2003-60 s 11
Notification of decision
s 24
am A2015-49 s 19
Amount of grant—certain eligible transactions
div 2.5A hdg
ins A2009-10 s 6
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
Endnotes
4 Amendment history
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Definitions—div 2.5A
s 24A orig s 24A
ins A2009-4 s 6
renum as s24I
pres s 24A
ins A2009-10 s 6
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
def comprehensive home building contract ins A2009-10
s 6
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
def contract for an ‘off-the-plan’ purchase ins A2009-10 s 6
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
def contract for the purchase of a home ins A2009-10 s 6
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
def GST Act ins A2009-10 s 6
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
def new home ins A2009-10 s 6
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
def owner-builder ins A2009-10 s 6
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
Amount of grant—certain eligible transactions
s 24B ins A2009-10 s 6
am A2009-29 s 4
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
First home owner boost for new homes
s 24C ins A2009-10 s 6
mod SL2008-4 s 3B (as am by SL2009-33 s 4)
mod lapsed 24 September 2009 when s 3B SL2009-29 om by
A2009-29 s 9
am A2009-29 ss 5-7
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
First home owner boost for established homes
s 24D ins A2009-10 s 6
am A2009-29 s 8
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
Validating payment of grants for certain eligible transactions
s 24E
ins A2009-10 s 6
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
Transitional regulations
s 24F
ins A2009-10 s 6
exp 1 July 2013 (s 24H)
Transitional effect—Legislation Act, s 88
s 24G ins A2009-10 s 6
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
Endnotes
Amendment history 4
R35
23/06/21
First Home Owner Grant Act 2000
Effective: 23/06/21
page 55
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Expiry—div 2.5A etc
s 24H
ins A2009-10 s 6
exp 1 July 2013 (s 24H (LA s 88 declaration applies))
Meaning of objector—div 2.6
s 24I
(prev s 24A) ins A2009-4 s 6
renum as s 24I R20 LA
Objections
s 25
am A2001-44 amdts 1.1731-1.1734; A2003-41 amdt 3.233;
A2008-37 amdt 1.177; A2009-4 ss 7-9; ss renum R19 LA
Grounds for objection
s 26
am A2009-4 s 10
Time for making objection
s 27
am A2009-4 s 10
Objections made out of time
s 28
am A2001-44 amdt 1.1735, amdt 1.1736; A2009-4 s 10;
A2021-12 amdt 3.37
Reviewable decision notices
s 30
am A2001-44 amdt 1.1737, amdt 1.1738
sub A2008-37 amdt 1.178
Applications for review
s 31
sub A2008-37 amdt 1.178
am A2009-4 s 10; A2010-1 s 5
Giving effect to decision on review
s 32
sub A2008-37 amdt 1.178
Administration agreements
s 36
am A2003-41 amdt 3.234; A2005-54 amdt 1.136, amdt 1.137
Power to require valuation
s 38A
ins A2010-46 s 11
Power to require information, records or other documents or attendance for
examination
s 39
am A2003-41 amdt 3.235; A2005-54 amdt 1.138; A2012-21
amdt 3.81
Search warrant
s 41
am A2003-41 amdt 3.236
Privileges against self-incrimination and exposure to civil penalty
s 43
am A2002-11 amdt 2.42
sub A2005-54 amdt 1.139
Legal professional privilege
s 44
om A2002-11 amdt 2.43
Endnotes
4 Amendment history
page 56 First Home Owner Grant Act 2000
Effective: 23/06/21
R35
23/06/21
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Failing to comply with requirement of authorised officer
s 45 hdg
s 45
sub A2004-15 amdt 2.81
am A2004-15 amdt 2.82; ss renum A2004-15 amdt 2.83;
A2005-54 amdt 1.140, amdt 1.141
Repayment and recovery of grant
pt 4 hdg
Definitions—pt 4
s 46
sub A2009-4 s 11
om A2004-15 amdt 2.84
ins A2009-4 s 11
def recoverable amount ins A2009-4 s 11
def recovery notice ins A2009-4 s 11
Meaning of third-party debtor
s 46A
ins A2009-4 s 11
Interest in relation to repayments
s 48
am A2009-4 s 12, s 13; pars renum R19 LA
Power to recover amount paid in error etc
s 49
am A2009-4 s 14, s 15
Power to recover amounts from third-party debtors
s 49A
ins A2009-4 s 16
Payment of recoverable amounts by third-party debtors
s 49B
ins A2009-4 s 16
Payment of recoverable amounts by others
s 49C
ins A2009-4 s 16
Offence—third-party debtors to comply with notices
s 49D
ins A2009-4 s 16
Third-party debtors indemnified
s 49E
Miscellaneous
pt 5 hdg
ins A2009-4 s 16
ins A2003-60 s 12
exp 1 January 2005 (s 57 (3))
ins A2009-4 s 16
Secrecy
s 50 am A2003-41 amdt 3.237
sub A2005-54 amdt 1.142
am A2007-39 amdt 3.71; A2009-4 s 17
Protection of officers etc
s 52
am A2003-41 amdt 3.238; A2016-52 amdt 1.85
Determination of fees
s 54
am A2001-44 amdt 1.1739, amdt 1.1740; A2007-39 amdt 3.72
Endnotes
Amendment history 4
R35
23/06/21
First Home Owner Grant Act 2000
Effective: 23/06/21
page 57
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Approved forms
s 55 prev s 55 renum as s 56
ins A2001-44 amdt 1.1744
am A2003-41 amdt 3.239; A2007-39 amdt 3.72
om A2021-12 amdt 3.38
Regulation-making power
s 56 orig s 56 ins A2001-46 s 7
exp 1 August 2000 (s 56 (2))
(prev s 55) am A2001-44 amdt 1.1741, amdt 1.1742
renum A2001-44 amdt 1.1743
am A2007-39 amdt 3.73
Amendments by First Home Owner Grant Amendment Act 2003—continuing
operation of Act for certain eligible transactions
s 57 ins A2002-13 s 8
exp 24 June 2002 (s 57 (2))
ins A2003-60 s 12
exp 1 January 2005 (s 57 (3))
Transitional—First Home Owner Grant Amendment Act 2013
pt 10 hdg
ins A2013-34 s 10
exp 1 September 2015 (s 104)
Definitions—pt 10
s 100
ins A2013-34 s 10
exp 1 September 2015 (s 104)
def commencement day ins A2013-34 s 10
exp 1 September 2015 (s 104)
def comprehensive home building contract ins A2013-34
s 10
exp 1 September 2015 (s 104)
def contract for the purchase of a home ins A2013-34 s 10
exp 1 September 2015 (s 104)
def owner-builder ins A2013-34 s 10
exp 1 September 2015 (s 104)
Pre-1 September 2013 transactions
s 101 ins A2013-34 s 10
exp 1 September 2015 (s 104)
Replacement of pre-1 September 2013 contracts
s 102
ins A2013-34 s 10
exp 1 September 2015 (s 104)
Transitional regulations
s 103
ins A2013-34 s 10
exp 1 September 2015 (s 104)
Endnotes
4 Amendment history
page 58 First Home Owner Grant Act 2000
Effective: 23/06/21
R35
23/06/21
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Expiry—pt 10
s 104 ins A2013-34 s 10
exp 1 September 2015 (s 104)
Dictionary
dict am A2003-41 amdt 3.240, amdt 3.241; A2006-22 amdt 1.66
(A2006-22 rep before commenced by disallowance (see
Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.37; A2008-37
amdt 1.179; A2012-21 amdt 3.82; A2012-40 amdt 3.56;
A2016-52 amdt 1.86
def Australian citizen sub A2003-41 amdt 3.242; A2009-20
amdt 3.80
om A2012-21 amdt 3.83
def commencement date am A2003-41 amdt 3.243
def commissioner am A2003-41 amdt 3.244
def completed am A2003-41 amdt 3.245
def comprehensive home building contract om A2003-41
amdt 3.246
ins A2009-10 s 7
exp 1 July 2013 (s 24H)
def consideration am A2003-41 amdt 3.247
def contract for an ‘off-the-plan’ purchase ins A2009-10 s 7
exp 1 July 2013 (s 24H)
def contract for the purchase of a home om A2003-41
amdt 3.248
ins A2009-10 s 7
exp 1 July 2013 (s 24H)
def corresponding law am A2003-41 amdt 3.249
def determined fee om A2001-44 amdt 1.1745
def first home owner grant cap ins A2010-46 s 12
def function om A2003-41 amdt 3.250
def grant recipient ins A2009-4 s 18
def GST Act ins A2009-10 s 7
exp 1 July 2013 (s 24H)
def home built to replace demolished premises ins
A2009-10 s 7
exp 1 July 2013 (s 24H)
def home owner sub A2003-41 amdt 3.251
def identity card am A2003-41 amdt 3.252
sub A2003-56 amdt 3.141
def new home ins A2009-10 s 7
exp 1 July 2013 (s 24H)
ins A2013-34 s 11
def objector ins A2009-4 s 18
def option om A2003-41 amdt 3.253
def owner am A2003-41 amdt 3.254
Endnotes
Amendment history 4
R35
23/06/21
First Home Owner Grant Act 2000
Effective: 23/06/21
page 59
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
def owner-builder om A2003-41 amdt 3.255
ins A2009-10 s 7
exp 1 July 2013 (s 24H)
def partner sub A2003-41 amdt 3.256
def permanent resident sub A2000-78 s 3
def recoverable amount ins A2009-4 s 18
def recovery notice ins A2009-4 s 18
def residence requirement om A2003-60 s 13
def residence requirements ins A2003-60 s 13
am A2013-34 s 12
def residential property om A2003-41 amdt 3.257
def substantially renovated home ins A2009-10 s 7
exp 1 July 2013 (s 24H)
def taxation law om A2003-41 amdt 3.258
def third-party debtor ins A2009-4 s 18
def total value ins A2010-46 s 12
def tribunal om A2003-41 amdt 3.259
Endnotes
5 Earlier republications
page 60 First Home Owner Grant Act 2000
Effective: 23/06/21
R35
23/06/21
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective
Last
amendment
made by
Republication
for
R1
1 Aug 2000
1 July 2000–
20 Dec 2000
not amended
new Act
R1 (RI)
18 July 2007
1 July 2000–
20 Dec 2000
A2000-78
reissue of printed
version and
includes
retrospective
amendments by
A2000-78
R1A
18 July 2007
21 Dec 2000–
11 July 2001
A2000-78
amendments by
A2000-78
R2
12 Sept 2001
12 Sept 2001–
23 May 2002
A2001-46
amendments by
A2001-44 and
A2001-46
R3
24 May 2002
24 May 2002–
27 May 2002
A2002-13
amendments by
A2002-13
R4
28 May 2002
28 May 2002–
24 June 2002
A2002-13
amendments by
A2002-11
R5
25 June 2002
25 June 2002–
20 Dec 2002
A2002-13
commenced expiry
R6
21 Dec 2002
21 Dec 2002–
27 Mar 2003
A2002-48
amendments by
A2002-48
R7
28 Mar 2003
28 Mar 2003–
8 Oct 2003
A2003-14
amendments by
A2003-14
R8*
9 Oct 2003
9 Oct 2003–
18 Dec 2003
A2003-41
amendments by
A2003-41
Endnotes
Earlier republications 5
R35
23/06/21
First Home Owner Grant Act 2000
Effective: 23/06/21
page 61
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Republication
No and date
Effective
Last
amendment
made by
Republication
for
R9
19 Dec 2003
19 Dec 2003–
31 Dec 2003
A2003-60
amendments by
A2003-56 and
A2003-60
R10
24 Dec 2003
1 Jan 2004–
8 Apr 2004
A2003-60
amendments by
A2003-60
R11
9 Apr 2004
9 Apr 2004–
1 July 2004
A2004-15
amendments by
A2004-15
R12
2 July 2004
2 July 2004–
19 Dec 2004
A2004-15
commenced expiry
R13
20 Dec 2004
20 Dec 2004–
1 Jan 2005
A2004-15
commenced expiry
R14
2 Jan 2005
2 Jan 2005–
23 Nov 2005
A2004-15
commenced expiry
R15
24 Nov 2005
24 Nov 2005–
26 Dec 2007
A2005-54
amendments by
A2005-54
R16
27 Dec 2007
27 Dec 2007–
18 May 2008
A2007-39
amendments by
A2007-39
R17
19 May 2008
19 May 2008–
1 Feb 2009
A2008-14
amendments by
A2008-14
R18
2 Feb 2009
2 Feb 2009–
4 Mar 2009
A2008-37
amendments by
A2008-37
R19
5 Mar 2009
5 Mar 2009–
7 Apr 2009
A2009-4
amendments by
A2009-4
R20
8 Apr 2009
8 Apr 2009–
30 June 2009
A2009-10
amendments by
A2009-10
R21
1 July 2009
1 July 2009–
21 Sept 2009
SL2009-33
modifications by
SL2008-4 as
amended by
SL2009-33
R22
22 Sept 2009
22 Sept 2009–
23 Sept 2009
A2009-20
amendments by
A2009-20
R23*
24 Sept 2009
24 Sept 2009–
16 Feb 2010
A2009-29
amendments by
A2009-29
Endnotes
5 Earlier republications
page 62 First Home Owner Grant Act 2000
Effective: 23/06/21
R35
23/06/21
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Republication
No and date
Effective
Last
amendment
made by
Republication
for
R24
17 Feb 2010
17 Feb 2010–
24 Nov 2010
A2010-1
amendments by
A2010-1
R25
25 Nov 2010
25 Nov 2010–
4 June 2012
A2010-46
amendments by
A2010-46
R26
5 June 2012
5 June 2012–
10 Sept 2012
A2012-21
amendments by
A2012-21
R27
11 Sept 2012
11 Sept 2012–
1 July 2013
A2012-40
amendments by
A2012-40
R28
2 July 2013
2 July 2013–
31 Aug 2013
A2012-40
expiry of provisions
(s 18 (2)-(4), div
2.5A and certain
definitions in dict)
R29
1 Sept 2013
1 Sept 2013–
30 June 2015
A2013-34
amendments by
A2013-34
R30
1 July 2015
1 July 2015–
1 Sept 2015
A2015-19
amendments by
A2015-19
R31
2 Sept 2015
2 Sept 2015–
24 Nov 2015
A2015-19
expiry of
transitional
provisions (pt 10)
R32
25 Nov 2015
25 Nov 2015–
31 Dec 2015
A2015-49
amendments by
A2015-49
R33
1 Jan 2016
1 Jan 2016–
31 Aug 2016
A2015-49
amendments by
A2015-27
R34
1 Sept 2016
1 Sept 2016–
22 June 2021
A2016-52
amendments by
A2016-52
Endnotes
Expired transitional or validating provisions 6
R35
23/06/21
First Home Owner Grant Act 2000
Effective: 23/06/21
page 63
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
6 Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired.
The expiry does not affect any continuing operation of the provisions (see
Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes
effect and are listed in the amendment history using the abbreviation ‘exp’ followed
by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took
effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2021

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