Queensland Consolidated Acts

FIRST HOME OWNER GRANT AND OTHER HOME OWNER GRANTS ACT 2000

- As at 22 November 2023 
- Act 14 of 2000 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - INTERPRETATION

           Division 1 - General

   3.      Definitions

           Division 2 - Basic concepts for first home owner grants

   3A.     Application of division
   4.      Meaning of eligibility criteria
   5.      Meaning of eligible transaction
   6.      Meaning of home and new home
   7.      Meaning of home owner or owner of a home
   8.      Meaning of relevant interest
   8A.     Meaning of unencumbered value
   9.      Meaning of spouse

   PART 3 - FIRST HOME OWNER GRANTS

           Division 1A - Preliminary

   9A.     Application of part

           Division 1 - Entitlement to grant

   10.     When grant is payable

           Division 2 - Eligibility criteria—applicants

   11.     Criterion 1—Applicant to be a natural person and at least 18 years of age
   12.     Criterion 2—Applicant to be Australian citizen or permanent resident
   13.     Criterion 3—Applicant or applicant’s spouse must not have received an earlier grant
   14.     Criterion 4—Applicant or applicant’s spouse must not have had relevant interest in residential property
   15.     Criterion 5—Residence requirements

           Division 3 - Application for grant

   16.     Application for grant
   17.     All interested persons to join in application
   18.     Application on behalf of person under legal disability

           Division 4 - Decision on application

   19.     Commissioner to decide applications
   20.     Amount of grant
   21.     Payment of grant
   22.     Payment in anticipation of compliance with residence requirements
   22A.    Repayment of grant after completion of particular transactions
   23.     Conditions generally
   24.     Death of applicant
   25.     Notice of decision

           Division 5 - Special and regional eligible transactions

   25AA.   Definitions for div 5
   25A.    (Repealed)
   25B.    Meaning of special eligible transaction for div 5
   25BA.   Meaning of regional eligible transaction for div 5
   25C.    Amount of grant

           Division 6 - Particular eligible transactions—1 July 2016 to 30 June 2018

   25D.    Meaning of particular eligible transaction for div 6
   25E.    Amount of grant

   PART 3A - REGIONAL HOME BUILDING BOOST GRANTS

           Division 1 - Preliminary

   25F.    Application of part
   25G.    Commissioner’s functions and powers

           Division 2 - Entitlement to grant

   25H.    Application for grant and when grant is payable

           Division 3 - Decision on application

   25I.    Commissioner to decide applications
   25J.    Amount of grant
   25K.    Payment of grant
   25L.    Conditions
   25M.    Notice of decision
   25N.    Investigations and enforcement

   PART 3B - HOME BUILDER GRANTS

           Division 1 - Preliminary

   25O.    Application of part
   25P.    Commissioner’s functions and powers

           Division 2 - Entitlement to grant

   25Q.    Application for grant and when grant is payable

           Division 3 - Decision on application

   25R.    Commissioner to decide applications
   25S.    Amount of grant
   25T.    Payment of grant
   25U.    Conditions
   25V.    Notice of decision
   25W.    Investigations and enforcement

   PART 4 - AUTHORISED OFFICERS, INVESTIGATIONS AND ENFORCEMENT

           Division 1 - Authorised officers

   26.     Appointment
   27.     Limitation of authorised officer’s powers
   28.     Authorised officer’s appointment conditions
   29.     Authorised officer’s identity card
   30.     Production or display of authorised officer’s identity card

           Division 2 - Investigations

              Subdivision 1 - Cross-border investigations

   31.     Commissioner may carry out investigations under corresponding laws

              Subdivision 2 - General powers on investigations

   32.     Powers on investigation

              Subdivision 3 - Entry of places

   33.     Authorised officer’s power to enter places
   34.     Entry with consent
   35.     Application for warrant
   36.     Issue of warrant
   37.     Special warrants
   38.     Warrants—procedure before entry

              Subdivision 4 - Powers of authorised officers on entry to places

   39.     General powers for places

              Subdivision 5 - General enforcement matters

   40.     Notice of damage
   41.     Compensation
   42.     False or misleading documents
   43.     False or misleading statements
   44.     Obstruction of authorised officers
   45.     Impersonation of authorised officer
   46.     Access to particular records without fee

           Division 3 - Repayments and penalties

   47.     Commissioner may require repayment and impose penalty
   48.     Recovery of amount paid in error etc.
   49.     Charge over land
   49A.    Collection of amounts from a garnishee
   49B.    Duration of garnishee notice
   49C.    Effect of discharge of debt on garnishee notice
   49D.    Effect of payment by garnishee
   50.     Effect of writing off liability
   51.     Penalty amounts to be alternative to prosecution
   51A.    Court may order repayment etc.

           Division 4 - Legal proceedings

   52.     Statements in complaint
   53.     Evidentiary certificates
   54.     Summary proceedings for offences
   55.     When proceedings must start

   PART 5 - OBJECTIONS AND REVIEWS

           Division 1 - Objections

   56.     Lodging objection
   57.     Deciding objection
   58.     Notice of decision

           Division 2 - Review of decision on objections

   59.     Right of review by QCAT
   60.     QCAT to decide review on evidence before the commissioner
   61.     Representation of parties before QCAT
   62.     (Repealed)
   63.     (Repealed)
   64.     (Repealed)

   PART 6 - MISCELLANEOUS PROVISIONS

   65.     Delegations
   66.     Administration agreements
   67.     Protection from liability
   68.     Offence to disclose confidential information
   69.     Use of information obtained under taxation laws
   69A.    Disqualifying arrangements for first home owner grants
   69B.    Valuation or evidence of value of property
   70.     Approved forms
   70A.    Commissioner may arrange for use of an approved information system to make particular decisions
   71.     Regulation-making power

   PART 7 - TRANSITIONAL PROVISIONS FOR FIRST HOME OWNER GRANT AMENDMENT ACT 2003

   72.     Continuing operation of Act for particular eligible transactions

   PART 8 - TRANSITIONAL PROVISIONS FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2008

   73.     Continuing operation of Act for particular eligible transactions
   74.     Transitional provision for particular approved form

   PART 9 - TRANSITIONAL PROVISIONS FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2010

   75.     Definition for pt 9
   76.     Continuing operation of pre-amended s 5
   77.     Charge mentioned in s 49

   PART 10 - TRANSITIONAL PROVISION FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2011

   78.     Continuing operation of pre-amended s 55

   PART 11 - TRANSITIONAL PROVISIONS FOR FISCAL REPAIR AMENDMENT ACT 2012

   79.     Continuing operation of Act for eligible transactions with commencement date before 12 September 2012
   80.     Application of s 20(1)(b) to particular contracts
   81.     Continuing operation of Act for particular eligible transactions with commencement date earlier than 11 October 2012

   PART 12 - TRANSITIONAL PROVISION FOR PAYROLL TAX REBATE, REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2015

   82.     Application of s 15

   PART 13 - TRANSITIONAL PROVISIONS FOR ROYALTY LEGISLATION AMENDMENT ACT 2020

   83.     Application of Act for pre-commencement applications and relevant decisions
   84.     Protection from liability for particular officials
   85.     Application of s 68 to particular information
   86.     References to First Home Owner Grant Act 2000
           SCHEDULE - Dictionary