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New South Wales
Regional Relocation (Home Buyers Grant)
Amendment Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Regional Relocation (Home Buyers Grant) Act 2011 to
permit grants to be made available under that Act to persons who relocate from metropolitan areas
to regional areas for the purposes of employment, self-employment or purchasing a home.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on 1 January 2014.
Schedule 1 Amendment of Regional Relocation (Home
Buyers Grant) Act 2011 No 26
The Regional Relocation (Home Buyers Grant) Act 2011 (the principal Act) established a scheme
for the payment of grants to persons who live in their own homes in metropolitan areas
(metropolitan homes) if those persons sell their metropolitan homes and purchase homes in
regional areas (regional homes) and relocate and reside in those regional homes.
Schedule 1 [15] extends the scheme to persons who reside in metropolitan homes that they do not
own. In such a case, the person must still purchase a regional home and relocate and reside in that
regional home. To be eligible for such a grant, the person must have had his or her principal place
of residence in one or more metropolitan homes for a continuous period of 2 years and each such
metropolitan home must have been occupied under a lease or licence or other arrangement for
valuable consideration. Each metropolitan home must be at least 100 kilometres from the regional
b2013-121-31.d14
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
Explanatory note
home that is purchased. Schedule 1 [17] extends the 100 kilometre requirement to the current
scheme in the principal Act so that the metropolitan home that is sold must be at least
100 kilometres from the regional home that is purchased. Schedule 1 [16] makes a consequential
amendment.
Schedule 1 [19] inserts proposed Division 2 into Part 2 of the principal Act. The proposed
Division provides for the payment of a skilled regional relocation incentive of $10,000 to persons
who relocate from metropolitan areas to regional areas for the purposes of employment or
self-employment. A person who applies for the incentive (the applicant) is eligible for the
incentive in respect of a relocation if the applicant is an eligible applicant and the relocation is an
eligible employment relocation or an eligible self-employment relocation.
To be an eligible employment relocation, the applicant must be employed on a full-time basis for
at least 2 years (or such lesser period as may be permitted by the Chief Commissioner of State
Revenue (the Chief Commissioner)) in one or more jobs in regional areas (regional jobs).
Employment in the first regional job must commence on or after 1 January 2014 and before 1 July
2015. The applicant also needs to have relocated from a metropolitan area for the purposes of the
regional job, having resided in one or more metropolitan homes for a continuous period of at least
2 years ending within 12 months before commencing employment in the regional job. The
applicant's regional job and home must be at least 100 kilometres away from the applicant's
former metropolitan home.
To be an eligible self-employment relocation, the applicant must relocate from a metropolitan area
for the purposes of self-employment in a regional small business (being a business in a regional
area that has an ABN and is conducted by an individual who is a sole trader or by a partnership
where each partner is an individual). The applicant must have resided in one or more metropolitan
homes for a continuous period of at least 2 years ending within 12 months before commencing
self-employment in the regional small business. The regional small business and the applicant's
regional home must be at least 100 kilometres away from the applicant's former metropolitan
home. The applicant must establish or purchase the regional small business in which the applicant
is to be self-employed.
To establish a regional small business the applicant must either set up a small business in a
regional area or relocate a small business from a metropolitan area to a regional area. To purchase
a small business the applicant must purchase at least 50% of a small business in a regional area.
The establishment or purchase of a regional small business is not eligible for a regional relocation
grant if a person has already been paid a regional relocation grant in relation to the establishment
or purchase of the small business. Self-employment in the regional small business must be
commenced by the applicant on or after 1 January 2014 and before 1 July 2015. The applicant
must be self-employed in the regional small business for at least 2 years (or such lesser period as
may be permitted by the Chief Commissioner) following the applicant's relocation. The applicant
must also complete a business advisory program approved by the Small Business Commissioner
unless the applicant is purchasing part of an existing regional small business and a person who has
been a partner in the business (or who has operated the business as a sole trader) will continue in
the business as a partner with the applicant.
Schedule 1 [5] sets out the requirements to be met to be an eligible applicant for a regional
relocation grant (which includes a skilled regional relocation incentive). To be an eligible
applicant, the applicant must be a natural person who is an Australian citizen or permanent
resident and the applicant or any member of the applicant's household must not have already
received a regional relocation grant. Schedule 1 [5] also makes it clear that a person may not be
paid more than one regional relocation grant and that more than one grant cannot be paid in
relation to the establishment or purchase of a regional small business. Schedule 1 [24] provides
that a skilled regional relocation incentive is to be paid in 2 equal instalments at least a year apart.
Schedule 1 [3], [6]-[10], [12]-[14], [18], [22], [23], [27] and [28] rename the current regional
relocation grant as the regional relocation home buyers grant and make a number of other
amendments that are consequential on the amendments made by Schedule 1 [15] and [19].
Page 2
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
Explanatory note
Schedule 1 [1] and [2] amend the long title and the name of the principal Act to take into account
the proposed skilled regional relocation incentive.
Schedule 1 [4] makes provision for determining whether a principal place of employment or
principal place of business is in a regional area or within 100 kilometres of a specified place in the
case of a person (such as a tradesperson) whose work takes place in a number of locations.
Schedule 1 [4] also provides that a regional relocation grant is taken not to have been paid if it is
later paid back.
Schedule 1 [11] provides that only one regional relocation home buyers grant is payable in respect
of the purchase of a regional home.
Schedule 1 [20] provides for the time in which applications for a regional relocation grant must
be made and also provides that an application is to be accompanied by any evidence required by
the Chief Commissioner to demonstrate the applicant's eligibility for the regional relocation grant.
Schedule 1 [21] provides that all interested persons must be applicants for a regional relocation
home buyers grant. Section 5 (2) of the principal Act (which is proposed to be relocated to
section 4B (1) by Schedule 1 [5]) requires that every applicant meet the requirements for the
payment of a regional relocation home buyers grant for any one of those applicants to be eligible.
An interested person means each owner of the regional home that is purchased who was, in the
case of an application made on the basis of the disposal of a metropolitan home, also an owner of
that metropolitan home.
Schedule 1 [25] provides that if an applicant has a liability to repay an amount under the principal
Act, that amount is a charge on the applicant's interest in land. Either the regional home that was
the subject of a regional relocation home buyers grant or, in the case of a skilled regional
relocation incentive, on any interest held by the applicant in land. Schedule 1 [26] makes a
consequential amendment.
Schedule 1 [31] provides that the Minister for Finance and Services can appoint a scheme closure
date if it appears to the Minister that the number of regional relocation grants authorised to be paid
under the principal Act has exceeded or will exceed the amount of money appropriated from the
Consolidated Fund for the purposes of regional relocation grants during the period of 1 July 2013
to 30 June 2015. Schedule 1 [33] provides that funds for the purposes of regional relocation grants
are to be appropriated by Parliament. Schedule 1 [29] and [30] make consequential amendments.
Schedule 1 [32] provides that a regional relocation home buyers grant is not payable in respect of
the purchase of a regional home if the purchase is commenced after the scheme closure date and
a skilled regional relocation incentive is not payable in respect of employment in a regional job,
or self-employment in a regional small business, if the employment or self-employment is
commenced after the scheme closure date.
Schedule 1 [34] inserts a number of savings and transitional provisions consequent on the
enactment of the proposed Act.
Page 3
First print
New South Wales
Regional Relocation (Home Buyers Grant)
Amendment Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Regional Relocation (Home Buyers Grant) Act
2011 No 26 3
b2013-121-31.d14
New South Wales
Regional Relocation (Home Buyers Grant)
Amendment Bill 2013
No , 2013
A Bill for
An Act to amend the Regional Relocation (Home Buyers Grant) Act 2011 to permit grants to be
made available under that Act to persons who relocate from metropolitan areas to regional areas
for the purposes of employment, self-employment or purchasing a home; and for other purposes.
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Regional Relocation (Home Buyers Grant) Amendment Act 2013. 3
2 Commencement 4
This Act commences on 1 January 2014. 5
Page 2
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Regional Relocation (Home Buyers Grant) Act 2011 No 26
Schedule 1 Amendment of Regional Relocation (Home 1
Buyers Grant) Act 2011 No 26 2
[1] Long title 3
Insert ", workers and self-employed persons" after "buyers". 4
[2] Section 1 Name of Act 5
Omit "(Home Buyers Grant)". Insert instead "Grants". 6
[3] Section 3 Definitions 7
Omit the definitions of commencement, completion, eligible applicant, eligible home 8
relocation, regional relocation grant and scheme target from section 3 (1). 9
Insert in alphabetical order: 10
commencement of a purchase of a regional home--see section 10. 11
commencement of employment in a regional job--see section 22. 12
commencement of self-employment in a regional small business--see 13
section 22F. 14
completion of a purchase of a regional home--see section 11. 15
eligible applicant--see section 4A. 16
eligible employment relocation--see Subdivision 2 of Division 2 of Part 2. 17
eligible home relocation--see Subdivision 2 of Division 1 of Part 2. 18
eligible self-employment relocation--see Subdivision 3 of Division 2 of 19
Part 2. 20
job includes an apprenticeship or a traineeship. 21
regional relocation grant means a regional relocation home buyers grant or a 22
skilled regional relocation incentive. 23
regional relocation home buyers grant means a regional relocation home 24
buyers grant authorised under this Act. 25
skilled regional relocation incentive means a skilled regional relocation 26
incentive authorised under this Act. 27
[4] Section 3 (2A) and (2B) 28
Insert after section 3 (2): 29
(2A) A requirement in this Act that a principal place of business or a principal place 30
of employment is in a regional area or is at least 100 kilometres from a 31
specified place is satisfied, in the case of employment or self-employment that 32
takes place at a number of different locations, if the majority of that 33
employment or self-employment takes place in the regional area or at least 34
100 kilometres from that specified place. 35
(2B) A person is taken not to have been paid a regional relocation grant for the 36
purposes of this Act if the regional relocation grant was paid but later paid 37
back, together with any penalty or interest payable under this Act. 38
[5] Sections 4A-4C 39
Insert after section 4: 40
4A Meaning of "eligible applicant" 41
(1) An applicant is an eligible applicant for the purposes of this Act if the 42
requirements of this section are satisfied. 43
Page 3
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Regional Relocation (Home Buyers Grant) Act 2011 No 26
(2) The applicant must be a natural person. 1
(3) The applicant must be an Australian citizen or a permanent resident: 2
(a) in the case of an application for a regional relocation home buyers 3
grant--on the date the purchase of the regional home is completed, or 4
(b) in the case of an application for a skilled regional relocation incentive-- 5
on the date the applicant commences employment in the regional job, or 6
commences self-employment in the regional small business. 7
(4) The applicant must not have been a party to an earlier application under this 8
Act in respect of which a regional relocation grant was paid. 9
(5) The applicant must not have resided in a metropolitan home with a person who 10
has been paid a regional relocation grant within 2 years before the relocation 11
in respect of which that grant was paid and also resided in a regional home 12
with that person within 2 years after that relocation. 13
4B Joint applicants 14
(1) A requirement imposed by Part 2 on an applicant applies, where there are 2 or 15
more joint applicants, to each applicant. 16
(2) Subsection (1) is subject to the following: 17
(a) if this Act specifies that only one of the applicants has to comply with 18
the relevant requirement, then only one of the applicants has to comply 19
with that requirement, 20
(b) an applicant need not comply with a requirement to the extent that the 21
applicant is exempted from compliance by or under this Act. 22
4C More than one grant cannot be paid 23
(1) A person is not eligible to be paid more than one regional relocation grant 24
under this Act. 25
(2) More than one grant cannot be paid in respect of the establishment or purchase 26
of a regional small business. 27
[6] Part 2, heading 28
Omit "grant". Insert instead "grants". 29
[7] Part 2, Division 1, heading 30
Insert "home buyers" after "relocation". 31
[8] Part 2, Division 1, Subdivision 1, heading 32
Insert before section 5: 33
Subdivision 1 General 34
[9] Section 5 35
Omit the section. Insert instead: 36
5 Entitlement to grant 37
A regional relocation home buyers grant is payable on application under this 38
Act in respect of the purchase of a home if: 39
(a) the applicant is an eligible applicant, and 40
(b) the purchase is an eligible home relocation. 41
Page 4
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Regional Relocation (Home Buyers Grant) Act 2011 No 26
[10] Section 6 Amount of grant 1
Insert "home buyers" after "relocation". 2
[11] Section 7 One grant per transaction 3
Omit "and the disposal of a metropolitan home" from section 7 (1). 4
[12] Part 2, Division 2 5
Renumber as Subdivision 2. 6
[13] Section 8 Eligible home relocation 7
Omit "Division". Insert instead "Subdivision". 8
[14] Section 9 Applicant must purchase a regional home 9
Insert after section 9 (3): 10
(4) The applicant must not purchase the regional home in his or her capacity as 11
trustee. 12
[15] Section 15 Applicant must relocate from metropolitan area 13
Insert after section 15 (1): 14
(1A) Residents in metropolitan areas who are not home owners 15
An applicant relocates from a metropolitan area if: 16
(a) the applicant, within 12 months before the purchase of the regional 17
home commenced, had his or her principal place of residence in one or 18
more metropolitan homes for a continuous period of at least 2 years, and 19
(b) the applicant is not an owner of any of those metropolitan homes but 20
occupied them under a lease, licence or other arrangement for valuable 21
consideration, and 22
(c) each of those metropolitan homes is at least 100 kilometres in a straight 23
line from the regional home, and 24
(d) the applicant ceases to reside in any metropolitan home before the 25
purchase of the regional home is completed or within the period allowed 26
for residence relocation. 27
[16] Section 15 (2), heading 28
Insert "Home owners in metropolitan areas". 29
[17] Section 15 (2) (a1) 30
Insert after section 15 (2) (a): 31
(a1) the metropolitan home is at least 100 kilometres in a straight line from 32
the regional home, and 33
[18] Part 2, Division 3 34
Omit the Division. 35
Page 5
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Regional Relocation (Home Buyers Grant) Act 2011 No 26
[19] Part 2, Division 2 1
Insert after section 17A: 2
Division 2 Skilled regional relocation incentive 3
Subdivision 1 General 4
18 Entitlement to incentive 5
A skilled regional relocation incentive is payable on application under this Act 6
in respect of the relocation of a person if: 7
(a) the applicant is an eligible applicant, and 8
(b) the relocation is: 9
(i) an eligible employment relocation, or 10
(ii) an eligible self-employment relocation. 11
19 Amount of grant 12
The amount of the skilled regional relocation incentive is $10,000. 13
Subdivision 2 Eligible employment relocation 14
20 Eligible employment relocation 15
The relocation by an applicant is an eligible employment relocation if the 16
requirements set out in this Subdivision are satisfied. 17
21 Applicant must be employed in a regional job 18
(1) The applicant must be employed in one or more regional jobs for: 19
(a) at least 2 years (within the 3 years immediately following the applicant 20
commencing employment in a regional job), or 21
(b) such lesser period as may be permitted by the Chief Commissioner. 22
(2) The Chief Commissioner may permit a period of employment that is less than 23
2 years if satisfied that the applicant has been unable to continue employment 24
in regional jobs for 2 years because of circumstances beyond the control of the 25
applicant. 26
(3) For the purposes of this Act, an applicant is employed in a regional job if: 27
(a) the applicant is employed in a job on a full-time basis, and 28
(b) the applicant's principal place of employment in the job is in a regional 29
area, and 30
(c) the applicant commenced employment in the job on or after 31
1 January 2014. 32
22 Date regional job commenced 33
(1) Employment in a regional job by the applicant must commence before 34
1 July 2015. 35
(2) For the purposes of this Act, employment in a regional job commences: 36
(a) on the date that the applicant starts working in the regional job, or 37
(b) in the case of an applicant whose eligibility for a regional relocation 38
grant arises out of employment in more than one regional job--the first 39
date that the applicant starts working in any of those regional jobs. 40
Page 6
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Regional Relocation (Home Buyers Grant) Act 2011 No 26
(3) This section is subject to Part 7 (which provides for a scheme closure date). 1
22A Applicant must relocate from metropolitan area 2
(1) The applicant must relocate from a metropolitan area. 3
(2) An applicant relocates from a metropolitan area if: 4
(a) the applicant relocates, within the period allowed for relocation, to a 5
regional area for the purposes of employment in a regional job, and 6
(b) the applicant, within 12 months before commencing employment in the 7
regional job, had his or her principal place of residence in one or more 8
metropolitan homes for a continuous period of at least 2 years, and 9
(c) each of those metropolitan homes is at least 100 kilometres in a straight 10
line from: 11
(i) each regional home occupied and used by the applicant as a 12
principal place of residence during the 2 years following the 13
applicant's relocation, and 14
(ii) each principal place of employment of the applicant during the 15
2 years following the applicant's relocation. 16
(3) The period allowed for relocation is 3 months after the applicant commences 17
employment in the regional job or such longer period as the Chief 18
Commissioner may approve. 19
(4) The Chief Commissioner may approve a longer period for relocation only if 20
satisfied that the delay in relocating is caused by circumstances beyond the 21
control of the applicant. 22
Subdivision 3 Eligible self-employment relocation 23
22B Eligible self-employment relocation 24
The relocation by an applicant is an eligible self-employment relocation if the 25
requirements set out in this Subdivision are satisfied. 26
22C Applicant must relocate from metropolitan area 27
(1) The applicant must relocate from a metropolitan area. 28
(2) An applicant relocates from a metropolitan area if: 29
(a) the applicant relocates, within the period allowed for relocation, to a 30
regional area for the purposes of being self-employed in a regional 31
small business established or purchased by the applicant, and 32
(b) the applicant, within 12 months before commencing self-employment 33
in the regional small business, had his or her principal place of residence 34
in one or more metropolitan homes for a continuous period of at least 35
2 years, and 36
(c) each of those metropolitan homes is at least 100 kilometres in a straight 37
line from: 38
(i) each regional home occupied and used by the applicant as a 39
principal place of residence during the 2 years following the 40
applicant's relocation, and 41
(ii) each principal place of business of the regional small business 42
during the 2 years following the applicant's relocation. 43
Page 7
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Regional Relocation (Home Buyers Grant) Act 2011 No 26
(3) The period allowed for relocation is 3 months after the applicant commences 1
self-employment in the regional small business or such longer period as the 2
Chief Commissioner may approve. 3
(4) The Chief Commissioner may approve a longer period for relocation only if 4
satisfied that the delay in relocating is caused by circumstances beyond the 5
control of the applicant. 6
22D Applicant must establish or purchase a regional small business 7
(1) The applicant must establish or purchase a regional small business. 8
(2) A business is a small business if the business has an ABN and: 9
(a) is conducted by an individual who is a sole trader, or 10
(b) is conducted by a partnership where each of the partners is an 11
individual. 12
(3) For the purposes of this Act, an applicant establishes a regional small business 13
if: 14
(a) the applicant sets up a new small business that has its principal place of 15
business in a regional area, or 16
(b) the applicant relocates a small business that has its principal place of 17
business in a metropolitan area to a regional area and the principal place 18
of business of the small business in the regional area is at least 19
100 kilometres in a straight line from its principal place of business in 20
the metropolitan area. 21
(4) For the purposes of this Act, an applicant purchases a regional small business 22
if the applicant purchases at least 50% of a small business that has its principal 23
place of business in a regional area. 24
22E Grant must not have been paid 25
The establishment or purchase of a regional small business is not eligible if a 26
person has been paid a regional relocation grant under this Act in relation to 27
the establishment or purchase of the small business. 28
22F Date applicant commences self-employment in regional small business 29
(1) Self-employment in the regional small business by the applicant must 30
commence on or after 1 January 2014 and before 1 July 2015. 31
(2) For the purposes of this Act, self-employment in a regional small business 32
established or purchased by an applicant commences on the date that the 33
applicant starts working in the regional small business. 34
(3) This section is subject to Part 7 (which provides for a scheme closure date). 35
22G Applicant must be self-employed in small business for at least 2 years 36
(1) The applicant must be self-employed in the regional small business for at least 37
2 years, or such lesser period as may be permitted by the Chief Commissioner, 38
following the applicant's relocation from a metropolitan area. 39
(2) The Chief Commissioner may permit a period that is less than 2 years if 40
satisfied that the applicant has been unable to continue self-employment in the 41
regional small business for 2 years because of circumstances beyond the 42
control of the applicant. 43
Page 8
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Regional Relocation (Home Buyers Grant) Act 2011 No 26
22H Applicant must complete approved program 1
The applicant must complete a business advisory program approved by the 2
Small Business Commissioner unless: 3
(a) the applicant is purchasing part of a regional small business, and 4
(b) another person who has been a partner in the business (or who has 5
operated the business as a sole trader) for at least 2 years before the 6
applicant's relocation from the metropolitan area will continue in the 7
business as a partner with the applicant for at least 2 years after that 8
relocation. 9
[20] Section 23 Making of applications 10
Omit section 23 (2)-(4). Insert instead: 11
(2) An application for a regional relocation grant is to be accompanied by such 12
documents or other evidence as may be required by the Chief Commissioner 13
to demonstrate the applicant's eligibility for the grant. 14
(3) An application for a regional relocation home buyers grant cannot be made 15
before the purchase of the regional home is completed but may be made before 16
the applicant has used and occupied the regional home as a principal place of 17
residence for the period required by section 16 (1). 18
(4) An application for a skilled regional relocation incentive cannot be made until 19
at least 3 months after the applicant commences employment in a regional job 20
or commences self-employment in a regional small business but may be made 21
before the applicant has been employed in regional jobs or self-employed in 22
the regional small business for the period required by section 21 (1) or 22G. 23
[21] Section 24 24
Omit the section. Insert instead: 25
24 All interested persons must join in application for home buyers grant 26
(1) This section applies to an application for a regional relocation home buyers 27
grant. 28
(2) All interested persons must be applicants. 29
(3) A person is an interested person if: 30
(a) the person: 31
(i) is an owner of the land purchased that is the site of, or is intended 32
to be the site of, the regional home (at the completion of the 33
purchase), and 34
(ii) is or was an owner of the land that is the site of the metropolitan 35
home that is disposed of to relocate from a metropolitan area 36
(before the disposal of the home), or 37
(b) the person is, in the case of a grant being sought on the basis of a 38
relocation referred to in section 15 (1A), an owner of the land purchased 39
that is the site of, or is intended to be the site of, the regional home (at 40
the completion of the purchase). 41
[22] Section 27 Payment in advance, subject to statutory conditions 42
Insert ", an eligible employment relocation or an eligible self-employment relocation" after 43
"eligible home relocation" wherever occurring in section 27 (1) and (2). 44
Page 9
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Regional Relocation (Home Buyers Grant) Act 2011 No 26
[23] Section 27 (5) and (6) 1
Omit section 27 (5). Insert instead: 2
(5) Payment of a regional relocation home buyers grant cannot be authorised 3
before the purchase of the regional home is completed. 4
(6) Payment of a skilled regional relocation incentive cannot be authorised until 5
at least 3 months after the applicant commences employment in a regional job 6
or commences self-employment in a regional small business. 7
[24] Section 29 Payment of grant 8
Insert after section 29 (2): 9
(3) A skilled regional relocation incentive is to be paid in 2 equal instalments with 10
the second instalment being paid at least one year after the first instalment. 11
[25] Section 33 Charge on land for liability of applicant 12
Omit section 33 (1). Insert instead: 13
(1) Any liability that an applicant has under this Act to pay or repay an amount to 14
the Chief Commissioner is a charge on: 15
(a) in the case of an applicant for a regional relocation home buyers grant-- 16
the applicant's interest in the land on which is situated the home that is 17
the subject of the purchase for which the regional relocation grant was 18
sought, or 19
(b) in the case of an applicant for a skilled regional relocation incentive-- 20
any interest held by the applicant in land. 21
[26] Section 33 (2) 22
Omit "on which the home is situated". 23
[27] Section 50 Chief Commissioner may carry out authorised investigation 24
Omit section 50 (2) (c). Insert instead: 25
(c) whether a relocation in respect of which a regional relocation grant has 26
been paid under this Act was an eligible relocation, or 27
[28] Section 50 (3) 28
Insert after section 50 (2): 29
(3) In this section: 30
eligible relocation means an eligible home relocation, an eligible employment 31
relocation or an eligible self-employment relocation. 32
[29] Section 56 Scheme target 33
Omit the section. 34
[30] Section 57 Scheme closure date 35
Omit "number of" from section 57 (1). 36
[31] Section 57 (1) 37
Omit "the scheme target". 38
Insert instead "the amount of money appropriated from the Consolidated Fund for the 39
purposes of regional relocation grants during the period of 1 July 2013 to 30 June 2015". 40
Page 10
Regional Relocation (Home Buyers Grant) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Regional Relocation (Home Buyers Grant) Act 2011 No 26
[32] Section 58 1
Omit the section. Insert instead: 2
58 Effect of scheme closure 3
(1) A regional relocation home buyers grant is not payable in respect of the 4
purchase of a regional home if the purchase is commenced after the scheme 5
closure date. 6
(2) A skilled regional relocation incentive is not payable in respect of employment 7
in a regional job or self-employment in a regional small business if the 8
employment or self-employment is commenced after the scheme closure date. 9
(3) However, the appointment of a scheme closure date does not affect the 10
operation of this Act in respect of a purchase of a regional home, employment 11
in a regional job or self-employment in a regional small business that is 12
commenced on or before the scheme closure date. 13
[33] Section 63 Standing appropriation 14
Omit the section. 15
[34] Schedule 1 Savings, transitional and other provisions 16
Insert after Part 2: 17
Part 3 Provisions consequent on Regional Relocation 18
(Home Buyers Grant) Amendment Act 2013 19
4 Definition 20
In this Part: 21
amending Act means the Regional Relocation (Home Buyers Grant) 22
Amendment Act 2013. 23
5 One grant per household 24
Section 4A applies to a regional relocation grant payable before the 25
commencement of that section but does not apply so as to require the 26
repayment of a regional relocation grant that was paid before the 27
commencement of that section. 28
6 Commencement of purchase of regional home by metropolitan tenants 29
Section 15 (1A), as inserted by the amending Act, does not apply in respect of 30
the purchase of a regional home that commenced before 1 January 2014. 31
7 Metropolitan home must be at least 100 kilometres from regional home 32
Section 15 (2) (a1), as inserted by the amending Act, applies in respect of the 33
purchase of a regional home that occurred before the commencement of that 34
paragraph but not if the Chief Commissioner has already received an 35
application for the payment of a grant in respect of the purchase. 36
Page 11
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