Commonwealth Numbered Acts

FIRST HOME OWNERS AMENDMENT ACT 1985No. 23, 1985 - SECT 5

5. Section 14 of the Principal Act is amended-
(a) by omitting from sub-section (1) "then" and substituting "and the
Secretary is satisfied that the home acquirer is or will be, or the home
acquireers are or will be, as the case may be, entitled to an exclusive right
of occupancy of the dwelling, then";

   (b)  by omitting from sub-paragraph (2) (b) (ii) "another dwelling" and
        substituting "a dwelling";

   (c)  by omitting sub-section (3) and substituting the following
        sub-section:



"(3) In paragraph (2) (a), the reference to a grant under a prescribed Act or
to payment of assistance under this Act does not include a reference to a
grant or a payment of assistance, as the case may be, that should not have
been made or that otherwise became recoverable by the Commonwealth.";

   (d)  by inserting in sub-section (5) ", or was not intended to be, as the
case may be," after "dwelling was not";

   (e)  by omitting sub-sections (6) and (7) and substituting the following
        sub-section:



"(7) For the purposes of this Act, the Secretary may, subject to sub-section
(8), treat a person or persons as having entered into a contract on a date
determined by the Secretary, being a date-

   (a)  not earlier than 2 months after the date of the contract; and

   (b)  not later than the day before-

        (i)    where paragraph (1) (a) applies-the day on which the vendor
               completes performance of the contract; or

        (ii)   where paragraph (1) (b) applies-the day on which construction
               of the dwelling is completed."; and

   (f)  by omitting sub-section (9) and substituting the following
        sub-section:



"(9) In this section, 'person' means a natural person.".