Commonwealth Numbered Acts

First Home Owners Act 1983 No. 46 of 1983 - SECT 35

35. (1) This section applies where assistance has been paid in respect of a
dwelling whose purchase or construction had not been completed on the date on
which the application was made.

(2) Where-

   (a)  in the case of a dwelling the purchase of which had not been completed
        on the date on which the application was made-

        (i)    the purchase of the dwelling is not completed within 3 months
               after the date specified in the application as the date on
               which it was expected that the purchase would be completed or,
               if no date was so specified, within 3 months after the date of
               the first payment of assistance; or

        (ii)   the contract for the purchase of the dwelling is discharged
               otherwise than by performance of the contract; or

   (b)  in the case of a dwelling the construction of which had not been
        completed on the date on which the application was made-

        (i)    the construction of the dwelling is not completed within 6
               months after the date specified in the application as the date
               on which it was expected that the construction would be
               completed or, if no date was so specified, within 6 months
               after the date of the first payment of assistance;

        (ii)   if the dwelling was being, or was to be, constructed by a
               building-contractor-the contract for the construction of the
               dwelling is discharged otherwise than by performance of the
               contract; or

        (iii)  before the expiration of 12 months after the prescribed date,
               the applicant, in the case of a sole applicant, does not become
               the owner, or none of the applicants, in the case of
               joint applicants, becomes the owner, of the dwelling, and the
               Secretary is not forthwith notified in writing of the fact,
               then the sole applicant, or each of the joint applicants, as
               the case may be, is guilty of an offence punishable, upon
               conviction, by a fine not exceeding $1,000 or imprisonment for
               a period not exceeding 6 months, or both.