Queensland Consolidated Acts

FIRST HOME OWNER GRANT AND OTHER HOME OWNER GRANTS ACT 2000 - SECT 14

14 Criterion 4—Applicant or applicant’s spouse must not have had relevant interest in residential property

(1) An applicant is ineligible if the applicant or applicant’s spouse has, before 1 July 2000, held—

(a) a relevant interest in residential property in Queensland; or

(b) an interest in residential property in another State that is a relevant interest under a corresponding law of that State.

(2) However, the applicant is not ineligible if—

(a) the relevant interest is an interest as purchaser of an estate in fee simple in land under a contract mentioned in section 8 (1) (f) ; and

(b) the contract was terminated within 1 year after the contract was entered into; and

(c) the applicant or applicant’s spouse did not acquire an estate in fee simple in the land.

(3) For subsection (1) , in deciding whether an applicant held a relevant interest, under this Act or a corresponding law, in residential property at a particular time, any deferment of the applicant’s right of occupation, because the property was subject to a lease, must be disregarded.

(4) An applicant is ineligible if the applicant or the applicant’s spouse has, on or after 1 July 2000 and before the date on which the application is made, held an interest in property (other than the property to which the application relates) used at any time on or after 1 July 2000 as the residence of the applicant or the applicant’s spouse, being—

(a) a relevant interest in residential property in Queensland; or

(b) an interest in residential property in another State that is a relevant interest under the corresponding law of that State.

(5) However, for subsection (4) , the applicant or the applicant’s spouse is taken not to have used the property as the residence of the applicant or the applicant’s spouse if—

(a) the property was the subject of an earlier application under this Act by the applicant; and

(b) a first home owner grant was paid under the earlier application; and

(c) because of a failure to satisfy criterion 5 as applying to the applicant under section 15 in relation to the earlier application, the applicant repaid the grant.