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DUTIES ACT 2008 - SECT 142A

142A .         Concessional first home owners

        (1)         A reference in this Division to a concessional first home owner, in relation to the transfer of, or an agreement for the transfer of, dutiable property means —

            (a)         a transferee who is paid a first home owner grant in relation to the property or to whom a first home owner grant is or will be payable in relation to the property; or

            (b)         a transferee to whom a first home owner grant would be, or would have been, payable in relation to the property had the requirements of either, or both, of the paragraphs of subsection (2) applied.

        (2)         The requirements are —

            (a)         consideration had been given for the transfer of the property;

            (b)         if the transaction is a contract for the purchase of an established home, the transaction would be, or would have been, an eligible transaction but for the FHOG Act section 14(5A).

        (3)         If a transaction described in subsection (2)(b) is a terms contract then, for the purposes of this section —

            (a)         the interest in the property of the transferee as purchaser under the contract is to be taken to be a relevant interest, unless the interest does not conform with the FHOG Act section 6(2); and

            (b)         the transaction is to be taken to be completed for the purposes of the FHOG Act, despite section 14AA(2)(a) of that Act, when the purchaser becomes entitled to possession of the home under the contract.

        [Section 142A inserted: No. 27 of 2015 s. 10; amended: No. 12 of 2019 s. 50.]



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