Australian Capital Territory Numbered Acts

FIRST HOME OWNER GRANT AMENDMENT ACT 2003 (NO. 60 OF 2003) - SECT 8

substitute

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 6 months.

    (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.

    (4)     The commissioner may exempt the applicant (the noncomplying applicant ) from the requirement to comply with subsection (3) if—

        (a)     the applicant is 1 of 2 or more joint applicants for a first home owner grant; and

        (b)     at least 1 of the applicants complies with the requirement; and

        (c)     there are, in the commissioner's opinion, good reasons to exempt the noncomplying applicant from the requirement.