Commonwealth Numbered Acts

First Home Owners Act 1983 No. 46 of 1983 - SECT 9

9. (1) A reference in this Act to purchase, or to ownership, in relation to
land or an undivided share in land, shall be read as a reference to purchase
or ownership, as the case may be, otherwise than as trustee, of an approved
interest in the land or in the undivided share, as the case may be.

(2) A reference in this Act to purchase, or to ownership, in relation to a
dwelling, shall be read as a reference to purchase or ownership, as the case
may be, otherwise than as trustee, of-

   (a)  whether or not the dwelling is a dwelling of a kind referred to in
        paragraph (b)-the land on which the dwelling is, or is to be, erected;
        or

   (b)  where the dwelling is, or is to be, a part of a building or is, or is
        to be, one of 2 or more buildings erected on a single parcel of land-

        (i)    an approved interest in the dwelling in pursuance of a law of a
               State or internal Territory that enables the holding or
               enjoyment by different persons of proprietary rights in respect
               of different parts of that building or of different buildings
               erected on that parcel of land, as the case may be;

        (ii)   shares in the capital of a body corporate that is the owner of
               the land on which the dwelling is, or is to be, erected, being
               shares that entitle the holder to a right of occupancy (whether
               under a lease or otherwise) in respect of the dwelling; or

        (iii)  an undivided share in the land on which the dwelling is, or is
               to be, erected, where the owner of that share is, or is to be,
               entitled to a right of occupancy in respect of the dwelling.

(3) For the avoidance of doubt it is declared that, for the purposes of this
section-

   (a)  the purchase by a person or persons of an interest in land, in an
        undivided share in land or in a dwelling shall not be taken to be the
        purchase of an approved interest by reason only that the interest so
        purchased, together with an interest or interests already owned by the
        purchaser or any of the purchasers, constitutes an approved interest;
        and

   (b)  the purchase by a person or persons of an interest in shares in the
        capital of a body corporate shall not be taken to be the purchase of
        the shares by reason only that the interest so purchased, together
        with an interest or interests already owned by the purchaser or any of
        the purchasers, constitutes ownership of the whole property in the
        shares.

(4) For the purposes of this section-

   (a)  the purchase or ownership of an approved interest in land or in a
        dwelling by a person or persons (in this sub-section referred to as
        the
''relevant person'' or ''relevant persons'') jointly with another person or
other persons; or

   (b)  the purchase or ownership of an undivided share in an
        approved interest in land or in a dwelling by a person or persons (in
        this sub-section also
referred to as the ''relevant person'' or ''relevant persons''), being land or
a dwelling in respect of which the relevant person is, or the relevant persons
are, entitled to an exclusive right of occupancy, shall, if the Secretary in
his discretion so determines, be treated as if it were the purchase or
ownership, as the case may be, of that approved interest in the land or
dwelling by the relevant person or relevant persons, as the case may be.

(5) For the purposes of this section, the purchase or ownership of shares in
the capital of a body corporate by a person or persons (in this sub-section
referred to as the ''relevant person'' or ''relevant persons'') jointly with
another person or other persons, being shares that, together with an agreement
between the relevant person or relevant persons and that other person or those
other persons, entitle the relevant person or relevant persons to an exclusive
right of occupancy in respect of a dwelling, shall, if the Secretary in his
discretion so determines, be treated as if it were the purchase or ownership,
as the case may be, of those shares by the relevant person or relevant
persons, as the case may be.