Queensland Consolidated Acts

FIRST HOME OWNER GRANT AND OTHER HOME OWNER GRANTS ACT 2000 - SECT 8A

8A Meaning of unencumbered value

(1) The
"unencumbered value" of property is the value of the property determined without regard to—

(a) any encumbrance to which the property is subject, whether contingently or otherwise; or

(b) any arrangement—

(i) the parties to which are not dealing with each other at arm’s length; and

(ii) that results in the reduction of the value of the property; or

(c) any arrangement for which a significant purpose of any party to the arrangement was, in the commissioner’s opinion, the reduction of the value of the property.

(2) Also, the
"unencumbered value" of property held by a person on trust as guardian for another person who is under a legal disability must be determined without regard to the liabilities of the trust, including the liability to indemnify the trustee.

(3) In this section—

"property" means—

(a) a home; or

(b) land; or

(c) a relevant interest in land.