New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 85

85 Restrictions on eligibility

(1) An agreement or transfer is not eligible if--

(a) the agreement or transfer is eligible for a duty exemption or concession under Division 1, or

(b) the purchaser or transferee, or any one of them, is eligible for, or is at any time paid, a grant under the First Home Owner Grant and Shared Equity Act 2000 in respect of the purchase of, or the construction of, a home on the land, or

(c) the payment of a new home grant has previously been approved in respect of an agreement for the sale or transfer of, or a transfer of, the land (unless that approval is revoked by the Chief Commissioner).

(2) An agreement or transfer is not eligible if the new home, or the land on which the new home is located or to be built, is intended to be used, or made available for use, for any purpose that is not ancillary to the use and occupation of the land for residential purposes (such as a commercial, industrial or professional purpose).

(3) However, an agreement for the purchase, or a transfer, of a farming property on which there is a new home or on which a new home is to be constructed is not excluded.

(4) For a vacant land purchase, the agreement or transfer is not eligible unless the laying of the foundations for the home commences--

(a) within 26 weeks after the agreement for sale or transfer is completed or, in the case of a transfer executed otherwise than in conformity with an agreement for sale or transfer, the transfer occurs, or

(b) within any longer period allowed by the Chief Commissioner.