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DUTIES ACT 1997 - SECT 85
Restrictions on eligibility
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 (New Homes) 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.
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