Victorian Current Acts Victorian Current ActsS. 18(1) amended by No. 41/2013 s. 41(1).
(1) If the commencement date of an eligible transaction is before 1 July 2013, the amount of a first home owner grant is the lesser of the following—
(a) the consideration for the eligible transaction;
(b) $7000.
S. 18(1A) inserted by No. 41/2013 s. 41(2).
(1A) If the commencement date of an eligible transaction is on or after 1 July 2013, the amount of a first home owner grant is the lesser of the following—
(a) the consideration for the eligible transaction;
(b) $10 000.
S. 18(1B) inserted by No. 28/2017 s. 49(1), amended by No. 14/2020 s. 6.
(1B) Despite subsection (1A), if the commencement date of an eligible transaction is on or after 1 July 2017 and before 1 July 2021 and the conditions in subsection (1C) are satisfied, the amount of the first home owner grant is the lesser of the following—
(a) the consideration for the eligible transaction;
(b) $20 000.
S. 18(1C) inserted by No. 28/2017 s. 49(1).
(1C) For the purposes of subsection (1B), the conditions are—
(a) the eligible transaction is a contract for the purchase of a new home; and
(b) the land on which the new home will be situated is wholly in regional Victoria.
S. 18(2) inserted by No. 46/2004 s. 18, substituted by No. 36/2005 s. 23.
(2) Subject to subsections (3) and (4), if the consideration for the eligible transaction does not exceed $500 000 an additional amount is payable as follows—
(a) $5000 if the commencement date of the eligible transaction is on or after 1 May 2004 and before 1 January 2006; or
S. 18(2)(b) amended by No. 86/2006 s. 6(1)(a).
(b) $3000 if the commencement date of the eligible transaction is on or after 1 January 2006 and before 1 January 2007; or
S. 18(2)(c) inserted by No. 86/2006 s. 6(1)(b).
(c) if the commencement date of the eligible transaction is on or after 1 January 2007 and before 1 July 2009—
(i) $5000 if the eligible transaction is a contract for the purchase of new residential premises or an eligible transaction referred to in section 13(1)(b) or (c); or
(ii) $3000 in any other case.
S. 18(2AA) inserted by No. 37/2009 s. 13(1), amended by No. 36/2010 s. 11(1).
(2AA) Subject to subsections (3) and (4A), if the consideration for the eligible transaction does not exceed $600 000 an additional amount is payable as follows—
(a) if the commencement date of the eligible transaction is on or after 1 July 2009 and before 1 July 2010—
(i) $11 000 if the eligible transaction is a contract for the purchase of new residential premises or an eligible transaction referred to in section 13(1)(b) or 13(1)(c); or
(ii) $2000 in any other case.
S. 18(2AB) inserted by No. 36/2010 s. 11(2).
(2AB) Subject to subsections (3) and (4B), if the consideration for the eligible transaction does not exceed $600 000 an additional amount of $13 000 is payable if—
S. 18(2AB)(a), amended by No. 28/2011 s. 32(1).
(a) the commencement date of the eligible transaction is on or after 1 July 2010 and before 1 July 2012; and
(b) the eligible transaction is a contract for the purchase of a new residential premises or an eligible transaction referred to in section 13(1)(b) or 13(1)(c).
S. 18(2A) inserted by No. 31/2008 s. 15(1).
(2A) Subject to subsections (3) and (4), an additional amount of $3000 is payable (in addition to any amount payable under subsection (1) or (2)) if—
(a) the consideration for the eligible transaction does not exceed $500 000; and
(b) the commencement date of the eligible transaction is on or after 6 May 2008 and before 1 July 2009; and
(c) the eligible transaction is a contract for the purchase of new residential premises or an eligible transaction referred to in section 13(1)(b) or (c); and
(d) the land on which the premises or home is or will be situated is wholly in regional Victoria.
S. 18(2B) inserted by No. 37/2009 s. 13(2), amended by No. 36/2010 s. 11(1).
(2B) Subject to subsections (3) and (4A), an additional amount of $4 500 is payable (in addition to any amount payable under subsection (1) or (2AA)) if—
(a) the consideration for the eligible transaction does not exceed $600 000; and
(b) the commencement date of the eligible transaction is on or after 1 July 2009 and before 1 July 2010; and
(c) the eligible transaction is a contract for the purchase of new residential premises or an eligible transaction referred to in section 13(1)(b) or 13(1)(c); and
(d) the land on which the premises or home is or will be situated is wholly in regional Victoria.
S. 18(2C) inserted by No. 36/2010 s. 11(3).
(2C) Subject to subsections (3) and (4B), an additional amount of $6500 is payable (in addition to any amount payable under subsection (1) or (2AB)) if—
(a) the consideration for the eligible transaction does not exceed $600 000; and
S. 18(2C)(b) amended by No. 28/2011 s. 32(2).
(b) the commencement date of the eligible transaction is on or after 1 July 2010 and before 1 July 2012; and
(c) the eligible transaction is a contract for the purchase of new residential premises or an eligible transaction referred to in section 13(1)(b) or 13(1)(c); and
(d) the land on which the premises or home is or will be situated is wholly in regional Victoria.
S. 18(3) inserted by No. 46/2004 s. 18, amended by Nos 31/2008 s. 15(2)(a), 37/2009 s. 13(3), 36/2010 s. 11(4).
(3) Subsection (2), (2AA), (2AB), (2A), (2B) or (2C) does not apply to the extent that the amount of the first home owner grant (including the additional amount referred to in that subsection) would exceed the consideration for the eligible transaction.
S. 18(4) inserted by No. 46/2004 s. 18, amended by No. 31/2008 s. 15(2)(a).
(4) Subsection (2) or (2A) also does not apply if the Commissioner is satisfied that the contract that formed the basis of the eligible transaction replaces a contract made before 1 May 2004 ( the earlier contract ), and the earlier contract was—
(a) a contract for the purchase of the same home; or
(b) a comprehensive home building contract to build the same or a substantially similar home.
S. 18(4A) inserted by No. 37/2009 s. 13(4).
(4A) Subsection (2AA) or (2B) also does not apply if the Commissioner is satisfied that the contract that formed the basis of the eligible transaction replaces a contract made before 1 July 2009 ( the earlier contract ), and the earlier contract was—
(a) a contract for the purchase of the same home; or
(b) a comprehensive home building contract to build the same or a substantially similar home.
S. 18(4B) inserted by No. 36/2010 s. 11(5).
(4B) Subsection (2AB) or (2C) also does not apply if the Commissioner is satisfied that the contract that formed the basis of the eligible transaction replaces a contract made before 1 July 2010 ( the earlier contract ), and the earlier contract was—
(a) a contract for the purchase of the same home; or
(b) a comprehensive home building contract to build the same or a substantially similar home.
S. 18(4C) inserted by No. 41/2013 s. 41(3), substituted by No. 28/2017 s. 49(2).
(4C) Despite anything to the contrary in subsection (1), (1A) or (1B), the amount of a first home owner grant is—
(a) the amount referred to in subsection (1), if the Commissioner is satisfied that the contract that formed the basis of the eligible transaction replaces a contract made before 1 July 2013 ( the pre-July 2013 contract ) and the pre-July 2013 contract was—
(i) a contract for the purchase of the same home; or
(ii) a comprehensive home building contract to build the same home or a substantially similar home; or
(b) the amount referred to in subsection (1A), if the Commissioner is satisfied that the contract that formed the basis of the eligible transaction replaces a contract made on or after 1 July 2013 and before 1 July 2017 ( the pre-July 2017 contract ) and the pre‑July 2017 contract was—
(i) a contract for the purchase of the same home; or
(ii) a comprehensive home building contract to build the same home or a substantially similar home.
S. 18(5) inserted by No. 46/2004 s. 18, amended by Nos 31/2008 s. 15(2)(b), 37/2009 s. 13(3), 36/2010 s. 11(6), 38/2023 s. 13.
(5) If a transferee to whom section 60A(2) of the Duties Act 2000 applies elects under that section to receive an exemption or concession under section 60 of that Act in respect of a transfer of land, he or she is not entitled to any amount under subsection (2), (2AA), (2AB), (2A), (2B) or (2C) of this section in respect of the eligible transaction relating to that land.
S. 18(6) inserted by No. 38/2006
s. 7,
amended by Nos 31/2008 s. 15(2)(b), 37/2009
s. 13(3), 36/2010 s. 11(6).
(6) If an eligible first home owner (within the meaning of the Duties Act 2000 ) to whom section 63B(2) of that Act applies elects under that section to receive an exemption or concession under section 62 or 63 of that Act in respect of a transfer of land, he or she is not entitled to any amount under subsection (2), (2AA), (2AB), (2A), (2B) or (2C) of this section in respect of the eligible transaction relating to that land.
S. 18(7) inserted by No. 86/2006 s. 6(2), repealed by No. 31/2008 s. 15(2)(c), new s. 18(7) inserted by No. 84/2008 s. 16, substituted by No. 37/2009 s. 13(5).
(7) Subject to subsection (7A), in relation to a special eligible transaction an additional amount is payable as follows—
(a) $7000, if section 13A(1)(a)(i) applies to the transaction; or
(b) $3500, if section 13A(1)(a)(ii) applies to the transaction; or
(c) $14 000, if—
(i) section 13A(1)(b)(i), 13A(1)(c)(i), 13A(1)(d), 13A(1)(f) or 13A(1)(g) applies to the transaction; and
(ii) the home has not been occupied as a residence since it was constructed, renovated or refurbished; or
(d) $7000, if—
(i) section 13A(1)(b)(ii), 13A(1)(c)(ii), 13A(1)(e) or 13A(1)(h) applies to the transaction; and
(ii) the home has not been occupied as a residence since it was constructed, renovated or refurbished.
S. 18(7A) inserted by No. 84/2008 s. 16.
(7A) Subsection (7) does not apply to the extent that the total amount of the first home owner grant (including any additional amounts referred to in subsection (2) and subsection (7)) would exceed the consideration for the special eligible transaction.
S. 18(8) inserted by No. 86/2006 s. 6(2).
(8) In this section—
S. 18(8) def. of new residential premises repealed by No. 41/2013 s. 41(4).
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S. 18(8) def. of PPR transfer repealed by No. 31/2008 s. 15(3)(b).
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S. 18(8) def. of regional Victoria inserted by No. 31/2008 s. 15(3)(a).
"regional Victoria" means—
(a) the municipal districts of the municipal councils set out in Schedule 1; and
(b) the alpine resorts within the meaning of the Alpine Resorts Act 1983 .