Queensland Consolidated Acts

BUILDING BOOST GRANT ACT 2011

- As at 1 February 2024
- Act 36 of 2011

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement

           Division 2 - Purpose of the Act

   3.      Purpose of Act and its achievement

           Division 3 - Interpretation

              Subdivision 1 - Dictionary

   4.      Definitions

              Subdivision 2 - Basic concepts

   5.      What is a building boost grant
   6.      What is an eligible transaction
   7.      Meaning of home
   8.      Meaning of new home
   9.      Meaning of relevant interest
   10.     Meaning of unencumbered value

           Division 4 - Administration

   11.     Commissioner’s functions and powers

   PART 2 - BUILDING BOOST GRANTS

           Division 1 - Entitlement to grant

   12.     Entitlement of applicants to building boost grants

           Division 2 - Eligibility for transactions

              Subdivision 1 - Preliminary

   13.     What is the transaction commencement day

              Subdivision 2 - Home purchase contracts

   14.     What is an eligible home purchase contract

              Subdivision 3 - Home building contracts and owner-builder arrangements

   15.     Definition for sdiv 3
   16.     What is an eligible home building contract
   17.     What is an eligible owner-builder arrangement

              Subdivision 4 - Ineligible transactions

   18.     Transactions that are not eligible transactions

           Division 3 - Eligibility for applicants

              Subdivision 1 - Preliminary

   19.     Meaning of substantially Australian owned
   20.     Meaning of ultimately owned

              Subdivision 2 - Particular eligibility criteria

   21.     Eligible applicants
   22.     General restriction on eligibility
   23.     Eligibility for multiple grants
   24.     Application for ruling for eligibility of particular transactions
   25.     Occupancy requirement
   26.     Particular entities not eligible for grant

           Division 4 - Application for grant

              Subdivision 1 - General provisions

   27.     Application for grant
   28.     Each interested person must apply

              Subdivision 2 - Notice of intention to apply

   29.     Prospective applicant must give notice of intention to apply for grant

           Division 5 - Decision on application

   30.     Additional information for application
   31.     Commissioner to decide applications

           Division 6 - Payment of grant

   32.     Amount of grant
   33.     When grant is payable
   34.     How grant must be paid

           Division 7 - Repayment of grant

              Subdivision 1 - Particular grounds for repayment

   35.     Contravention of consideration requirement on completion
   36.     Contravention of occupancy requirement
   37.     Contravention of repayment requirement under condition of grant

              Subdivision 2 - Notice to repay

   38.     Repayment notice

   PART 3 - ENFORCEMENT

           Division 1 - Authorised investigations

   39.     Powers on investigation
   40.     Access to particular records without fee

           Division 2 - General provisions about authorised officers

              Subdivision 1 - Appointment

   41.     Authorised officers under divs 2–6
   42.     Appointment and qualifications
   43.     Appointment conditions and limit on powers
   44.     When office ends
   45.     Resignation

              Subdivision 2 - Identity cards

   46.     Authorised officer’s identity card
   47.     Production or display of identity card
   48.     Return of identity card

              Subdivision 3 - Miscellaneous powers

   49.     References to exercise of powers
   50.     Reference to document includes reference to reproductions from electronic document

           Division 3 - Entry of places by authorised officers

              Subdivision 1 - Power to enter

   51.     General power to enter places

              Subdivision 2 - Entry by consent

   52.     Application of sdiv 2
   53.     Incidental entry to ask for access
   54.     Matters authorised officer must tell occupier
   55.     Consent acknowledgement

              Subdivision 3 - Entry under warrant

   56.     Application for warrant
   57.     Issue of warrant
   58.     Electronic application
   59.     Additional procedure if electronic application
   60.     Defect in relation to a warrant
   61.     Entry procedure

           Division 4 - General powers of authorised officers after entering places

   62.     Application of div 4
   63.     General powers
   64.     Power to require reasonable help
   65.     Offence to contravene help requirement
   66.     Evidential immunity for individuals complying with help requirement

           Division 5 - Seizure by authorised officers

              Subdivision 1 - Power to seize

   67.     Seizing evidence at a place that may be entered without consent or warrant
   68.     Seizing evidence at a place that may be entered only with consent or warrant
   69.     Seizure of property subject to security

              Subdivision 2 - Powers to support seizure

   70.     Power to secure seized thing
   71.     Offence to contravene other seizure requirement
   72.     Offence to interfere

              Subdivision 3 - Safeguards for seized things

   73.     Receipt and decision notice for seized thing
   74.     Access to seized thing
   75.     Return of seized thing

           Division 6 - Other information-obtaining powers of authorised officers

   76.     Power to require information
   77.     Offence to contravene information requirement

           Division 7 - Miscellaneous provisions

              Subdivision 1 - Damage

   78.     Duty to avoid inconvenience and minimise damage
   79.     Notice of damage

              Subdivision 2 - Compensation

   80.     Compensation

              Subdivision 3 - Other offences

   81.     Giving false or misleading information
   82.     Obstructing authorised officer
   83.     Impersonating authorised officer

           Division 8 - Imposition of penalty

   84.     Commissioner may impose penalty

           Division 9 - Recovery of amounts

              Subdivision 1 - Debt payable

   85.     Recovery of wrongly paid amounts

              Subdivision 2 - Charge over land

   86.     Registration of charge over land

              Subdivision 3 - Garnishee

   87.     Collection of amounts from a garnishee
   88.     Duration of garnishee notice
   89.     Effect of discharge of debt on garnishee notice
   90.     Effect of payment by garnishee

              Subdivision 4 - Other provisions

   91.     Effect of writing off liability
   92.     Penalty amounts must be alternative to prosecution
   93.     Court may order repayment etc.

   PART 4 - OBJECTIONS AND REVIEWS

           Division 1 - Objections

   94.     Making objection
   95.     Deciding objection

           Division 2 - Review of objection decisions

   96.     Right of review by QCAT
   97.     QCAT to decide review on evidence before the commissioner
   98.     Representation of parties before QCAT

   PART 5 - MISCELLANEOUS PROVISIONS

           Division 1 - Legal proceedings

   99.     Statements in complaint
   100.    Evidentiary certificates
   101.    Summary proceedings for offences

           Division 2 - Other provisions

   102.    Delegations
   103.    Protection from liability
   104.    Offence to disclose confidential information
   105.    Use of information obtained under revenue laws
   106.    Valuation or evidence of value of property
   107.    Approved forms
   108.    Regulation-making power

   PART 6 - TRANSITIONAL PROVISIONS FOR ACT NO. 36 OF 2011

           Division 1 - Preliminary

   109.    Definition for pt 6

           Division 2 - Liability to repay grant for contravention of requirements

   110.    Liability to repay for contravention of consideration requirement
   111.    Liability to repay for contravention of occupancy requirement
   112.    Liability to repay for contravention of repayment requirement

           Division 3 - False or misleading information

   113.    Requirement to correct false or misleading information
   114.    Evidential immunity for individuals correcting false or misleading information

           Division 4 - Repayment of grants

   115.    Repayment notice

           Division 5 - Imposition of penalties

   116.    Commissioner may impose penalty

           Division 6 - Objection and review

   117.    Extension of time for objection for particular original decisions made before assent
   118.    Review of particular objection decisions
   119.    (Expired)

           Division 7 - Other matters

   PART 7 - TRANSITIONAL PROVISION FOR BUILDING BOOST GRANT AMENDMENT ACT 2012

   120.    Application of s 14 to particular home purchase contracts
           SCHEDULE - Dictionary