Victorian Current Acts Victorian Current ActsS. 63B(1) amended by No. 22/2021 s. 19(1).
(1) This section applies to an eligible first home owner who, but for this section or section 18(6) of the First Home Owner Grant and Home Buyer Schemes Act 2000 , would be entitled—
(a) to an exemption or concession from duty under section 62 or 63 in respect of a transfer of an estate in fee simple in land; and
S. 63B(1)(b) amended by No. 31/2008 s. 11(2)(a), substituted by No. 37/2009 s. 9(1), amended by No. 22/2021 s. 19(1).
(b) to receive an amount in respect of an eligible transaction (within the meaning of the First Home Owner Grant and Home Buyer Schemes Act 2000 ) relating to that land under—
(i) section 18(2) or 18(2A) of that Act (or both); or
S. 63B(1)(b)(ii) amended by No. 28/2011 s. 17(a)(i).
(ii) section 18(2AA) or 18(2B) of that Act (or both); or
S. 63B(1)(b)(iii) inserted by No. 28/2011 s. 17(a)(ii).
(iii) section 18(2AB) or 18(2C) of that Act (or both).
(2) The eligible first home owner, by notice in writing to the Commissioner, must elect to receive—
(a) the exemption or concession under section 62 or 63 (as the case requires) in respect of the transfer; or
S. 63B(2)(b) amended by No. 31/2008 s. 11(2)(b), substituted by No. 37/2009 s. 9(2), amended by No. 22/2021 s. 19(1).
(b) the amount in respect of the eligible transaction (within the meaning of the First Home Owner Grant and Home Buyer Schemes Act 2000 ) under—
S. 63B(2)(b)(i) amended by No. 28/2011 s. 17(b)(i).
(i) section 18(2) or 18(2A) of that Act (or both); or
S. 63B(2)(b)(ii) amended by No. 28/2011 s. 17(b)(ii).
(ii) section 18(2AA) or 18(2B) of that Act (or both); or
S. 63B(2)(b)(iii) inserted by No. 28/2011 s. 17(b)(iii).
(iii) section 18(2AB) or 18(2C) of that Act (or both).
S. 63B(3) amended by No. 31/2008 s. 11(2)(b), substituted by No. 37/2009 s. 9(3), amended by No. 22/2021 s. 19(1).
(3) If the eligible first home owner elects to receive the amount under—
S. 63B(3)(a) amended by No. 28/2011 s. 17(c)(i).
(a) section 18(2) or 18(2A) (or both); or
S. 63B(3)(b) amended by No. 28/2011 s. 17(c)(ii).
(b) section 18(2AA) or 18(2B) (or both); or
S. 63B(3)(c) inserted by No. 28/2011 s. 17(d).
(c) section 18(2AB) or 18(2C)(or both)—
of the First Home Owner Grant and Home Buyer Schemes Act 2000 , or does not make an election under this section, he or she is not entitled to the exemption or concession under section 62 or 63 (as the case requires) in respect of the transfer.