(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.]