New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 87D

87D Recovery of grant amount wrongly paid

(1) The Chief Commissioner may revoke his or her approval of an application under the scheme if the Chief Commissioner subsequently forms the opinion that the agreement or transfer is not eligible under the scheme.

(2) If the Chief Commissioner revokes his or her approval of an application under the scheme, and the new home grant has already been paid, the amount of the new home grant is to be deducted from the amount paid as duty in respect of the agreement or transfer.

(3) If approval of an application is revoked, and the agreement or transfer was chargeable with duty of less than $5,000, or not chargeable with duty, a person to whom the new home grant was paid under the approval is liable to repay the amount of the grant, as duty, to the Chief Commissioner.

(4) Liability for any duty payable as a result of the revocation of the Chief Commissioner's approval arises when notice of the revocation is served on the taxpayer.