Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 89
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(1) The conveyees of a conveyance of land are entitled to the senior, pensioner and carer concession if the Commissioner, on an application for the concession, is satisfied:
(a) all the conveyees are individuals; and
(b) at the relevant time, at least one conveyee is:
(i) 60 years of age or older; or
(ii) the holder of an NT Pensioner and Carer Concession Card; and
(c) the conveyees are not entitled to the first home owner concession for the conveyance; and
(d) no conveyee has a beneficial interest in the land; and
(e) the conveyees will acquire the whole beneficial interest in the land; and
(f) no conveyee will acquire an interest in the land in the capacity of a trustee; and
(g) the conveyees will occupy a home on the land or to be built on the land as their principal place of residence for the prescribed period commencing within the period for occupancy; and
(h) either of the following applies:
(i) if, at the relevant time there is a home on the land or the conveyance is an off-the-plan contract – the dutiable value of the land does not exceed $750 000;
(ii) if, at the relevant time there is no home on the land – the dutiable value of the land does not exceed $385 000; and
(i) the conveyees become entitled to possession of the land within:
(i) 12 months after settlement of the conveyance; or
(ii) the longer period approved by the Commissioner under subsection (11)(c).
(2) The Commissioner may exempt one or more conveyees (the relevant conveyees ) for the conveyance in relation to any of the requirements in subsection (1)(g) (the occupancy requirements ) if:
(a) not all of the conveyees will be able to occupy a home on the land as their principal place of residence within the period for occupancy; and
(b) at least one of the conveyees mentioned in subsection (1)(b) will be able to commence to occupy a home on the land as his or her principal place of residence for the prescribed period commencing within the period for occupancy; and
(c) apart from the circumstances mentioned in paragraphs (a) and (b), the conveyees would be entitled to the senior, pensioner and carer concession; and
(d) the Commissioner is satisfied there are special reasons for exempting the relevant conveyees from the occupancy requirement.
(3) A conveyee must, within 30 days after the date on which it first becomes apparent that he or she will fail to comply with any of the occupancy requirements, give written notice of that fact to the Commissioner.
Maximum penalty: 50 penalty units.
(4) Subsection (3) does not apply to a conveyee in relation to an occupancy requirement if an exemption under subsection (2) covers that conveyee and requirement.
(5) The Commissioner may reassess duty on the conveyance even though the time limit for reassessment under the Taxation Administration Act has passed if the conveyees would otherwise receive the concession if the time limit had not passed.
(6) The Commissioner must reassess duty on the conveyance on the basis the conveyees were not entitled to the concession (whether or not the time limit for reassessment under the Taxation Administration Act has passed) if a conveyee fails to comply with any of the occupancy requirements.
(7) Subsection (6) does not apply if:
(a) the failure is covered by an exemption under subsection (2); or
(b) the Commissioner is satisfied there are special reasons for not making the reassessment.
(8) This section applies to the acquisition by a person, other than the Chief Executive Officer (Housing), of an interest in land under a scheme administered by the Chief Executive Officer (Housing) under section 22 or 24 of the Housing Act as if:
(a) the person were acquiring 100% of the land; or
(b) if 2 or more persons are acquiring the interest – the persons were acquiring 100% of the land in the same proportions as they are acquiring the interest.
(9) If a person acquires land or an interest in land as the guardian of a person (the disabled person ) who is under a legal disability, this section applies as if the disabled person were:
(a) the conveyee of the land or interest; and
(b) the applicant for the senior, pensioner and carer concession; and
(c) if the concession is granted – the recipient of the concession.
(10) A person applying for the senior, pensioner and carer concession must give to the Commissioner a declaration in the approved form providing the information relating to the application that the Commissioner requires.
(11) The Commissioner may, if satisfied there are special reasons to do so, approve:
(a) an extension of the period for occupancy for this section; or
(b) a reduction (but not the complete elimination) of the prescribed period for this section; or
(c) an extension of the period in which the conveyees are required under subsection (1)(i) to become entitled to possession of the land.
(12) In this section:
NT Pensioner and Carer Concession Card means a concession card administered for the Northern Territory Pensioner and Carer Concession Scheme by the Territory.