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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
First Home Owner Grant Amendment Bill 2013
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the First Home Owner Grant Amendment Act 2013.
This Act commences on 1 September 2013.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
4 Criterion 5—Residence
requirements
Section 12 (1)
omit
6 months
substitute
1 year
in division 2.3, insert
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:
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.
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).
6 Meaning of eligible transaction
etc
Section 13 (1)
substitute
(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.
insert
(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.
8 Amount of grant
Section 18
(b)
substitute
(b) $12 500.
9 Expiry—div 2.5A
etc
Section 24H
after
This division
insert
, section 13A (1), note
insert
Part 10 Transitional—First Home Owner Grant Amendment Act 2013
100 Definitions—pt 10
In this part:
commencement day means the day the First Home Owner Grant Amendment Act 2013, section 3 commences.
comprehensive home building contract—see section 13 (7).
contract for the purchase of a home—see section 13 (7).
owner-builder—see section 13 (7).
101 Pre-1 September 2013 transactions
Part 2 (First home owner grant), as in force immediately before the commencement day, continues to apply in relation to the following transactions:
(a) a contract for the purchase of a home in the ACT made before the commencement day;
(b) a comprehensive home building contract made before the commencement day 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 home built on the land;
(c) the building of a home in the ACT by an owner-builder if the building work began before the commencement day.
102 Replacement of pre-1 September 2013 contracts
(1) This section applies to a contract made on or after 1 September 2013 if the commissioner is satisfied that—
(a) the contract replaces a contract made before 1 September 2013 (the replaced contract); and
(b) the replaced contract was—
(i) a contract for the purchase of the same home; or
(ii) a comprehensive home building contract to build the same or a substantially similar home.
(2) The contract is taken—
(a) to have been made on the date the replaced contract was made; and
(b) to have a commencement date that is the date the replaced contract was made.
(3) Part 2 (First home owner grant), as in force immediately before the commencement day, is taken to apply to the contract.
Note Under s 13 (2) (c), a contract that replaces a contract made before 1 September 2013 is not an eligible transaction. However, as a result of this transitional provision the contract may still be eligible for the first home owner grant amount that was payable before 1 September 2013.
103 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the First Home Owner Grant Amendment Act 2013.
(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
104 Expiry—pt 10
This part expires 2 years after the day it commences.
Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
11 Dictionary, new definition of new home
insert
new home, for division 2.3 (Eligible transactions)—see section 12B (1).
12 Dictionary, definition of residence requirements, paragraph (a) (i)
omit
6 months
substitute
1 year
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 6 June 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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