Queensland Consolidated Acts

FIRST HOME OWNER GRANT AND OTHER HOME OWNER GRANTS ACT 2000 - SECT 49

49 Charge over land

(1) This section applies if an applicant or former applicant who is liable to pay an amount to which section 48 applies has an interest in the land on which the home, for which the first home owner grant was sought, is fixed.

(2) The liability is a first charge on the applicant’s interest in the land.

(2A) The charge has priority over all other encumbrances over the applicant’s interest in the land.

(3) The registrar must register the charge over the land if the commissioner lodges with the registrar—

(a) a request to register the charge in the appropriate form over the land; and

(b) a certificate stating that—

(i) the amount stated in the certificate is owing in relation to the charge over the land; and

(ii) there is a charge over the land under this section.

(4) The commissioner must, as soon as practicable after payment of the amount, lodge with the registrar—

(a) a request to release the charge in the appropriate form; and

(b) a certificate stating that the amount owing in relation to the charge over the land has been paid.

(5) The registrar must register the release of the charge over the land.

(6) The fee for registration of the charge, or release of the charge, is payable by the applicant or former applicant mentioned in subsection (1) .

(7) If the commissioner pays the fee mentioned in subsection (6) , the commissioner may recover the amount of the fee from the applicant or former applicant liable for payment of the fee.