Commonwealth Numbered Acts

First Home Owners Act 1983 No. 46 of 1983 - SECT 12

12. (1) Where-

   (a)  a person holds an interest in land, or in a dwelling, in trust for any
        other person or persons (in this sub-section referred to as the
''beneficiary'' or ''beneficiaries'', as the case may be); or

   (b)  a person has, alone or together with any other person or persons,
        entered into a contract for the purchase of land or a dwelling, and an
        interest in the land or dwelling is to be held by the first-mentioned
        person in trust for any other person or persons (in this sub-section
        also referred to
as the ''beneficiary'' or the ''beneficiaries'', as the case may be), not
being any of the persons who so entered into the contract, and the Secretary
is satisfied that the beneficiary or beneficiaries will become the owner or
co-owners of the interest referred to in paragraph (a) or (b), as the case may
be, the beneficiary or beneficiaries shall, for the purposes of this Act, be
deemed to be the owner or co-owners of the interest referred to in paragraph
(a) or to have entered into the contract for the purchase of the land or
dwelling, as the case may be.

(2) Where-

   (a)  a person has, alone or together with any other person or persons,
        entered into a contract for the construction by a building-contractor
        of a dwelling, and the Secretary is satisfied that an interest in the
        dwelling will be held by the person as trustee for any other person or
        persons (in this
sub-section referred to as the ''beneficiary'' or the ''beneficiaries'', as
the case may be), not being any of the persons who so entered into the
contract; or

   (b)  a person has, alone or together with any other person or persons, at
        the request of any other person or persons, entered into a contract,
        otherwise than as an agent of the person or persons who made the
        request, for the construction by a building-contractor of a dwelling,
        and the Secretary is satisfied that an interest in the dwelling will
        be owned by the person or persons who made the request, the
        beneficiary or beneficiaries, or the person or persons who made the
        request, as the case may be, shall, for the purposes of this Act, be
        deemed to have entered into the contract.

(3) A person deemed by virtue of this section to have entered into a contract
is not deemed to have done so to the exclusion of any person who actually
entered into the contract.

(4) Section 9 has effect in relation to paragraph (1) (b) of this section as
if there were omitted from sub-section 9 (2) the words '', otherwise than as
trustee,''.