FIRST HOME OWNER GRANT AND OTHER HOME OWNER GRANTS ACT 2000

Queensland Consolidated Acts

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FIRST HOME OWNER GRANT AND OTHER HOME OWNER GRANTS ACT 2000

- As at 18 June 2024
- 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 (Repealed)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

Division 7 - Relevant eligible transactions—20 November 2023 to 30 June 2025

25EA. Meaning of relevant eligible transaction
25EB. 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

PART 14 - VALIDATION PROVISION FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2024

87. Applications made before commencement that relate to relevant eligible transactions
SCHEDULE - Dictionary

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