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This is a Bill, not an Act. For current law, see the Acts databases.
FIRST HOME OWNER GRANT AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
First Home
Owner Grant Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
First Home Owner
Grant Amendment Bill 2003
A Bill for
An Act to amend the
First Home Owner Grant Act
2000
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the First Home Owner Grant Amendment Act 2003.
(1) Sections 3 and 4 commence on the day after this Act’s
notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
(2) The remaining provisions commence on 1 January 2004.
This Act amends the First Home Owner Grant Act 2000.
insert
8A Criterion 1A—Applicant to be at least 18
years old
(1) An applicant for a first home owner grant must be at least 18 years
old.
(2) However, if the commissioner is satisfied there are good reasons to do
so, the commissioner may exempt the applicant from the requirement to be at
least 18 years old.
(3) This section also applies to an application for a first home owner
grant made before the commencement of this section if—
(a) the application was made on or after 14 October 2003; and
(b) a first home owner grant had not been paid in relation to the
application before the commencement of this section.
(4) Subsection (3) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
(5) Subsections (3) and (4) and this subsection expire 1 year after the
day this section commences.
5 Criterion
4—Applicant (or applicant’s partner) must not have had relevant
interest in residential propertySection 11
(3)
omit
relevant transaction
substitute
eligible transaction to which the application relates
renumber as subsection (5)
insert
(4) However, for subsection (3), the applicant or the applicant’s
partner is taken not to have used the property as the residence of the applicant
or the applicant’s partner if—
(a) the property was the subject of an earlier application under this Act
by the applicant; and
(b) a first home owner grant was paid under the earlier application;
and
(c) the applicant repaid the grant because of a failure to comply with
section 12 in relation to the earlier application.
substitute
12 Criterion 5—Residence
requirements
(1) An applicant for a first home owner grant must occupy the home to
which the application relates as the applicant’s principal place of
residence for a continuous period of at least 6 months.
(2) However, if the commissioner is satisfied there are good reasons to do
so, the commissioner may—
(a) approve a shorter period; or
(b) exempt the applicant from the requirement to comply with subsection
(1).
(3) The period of occupation required under subsection (1), or the shorter
period approved under subsection (2) (a), must start within 1 year after
completion of the eligible transaction to which the application relates or a
longer period approved by the commissioner.
(4) The commissioner may exempt the applicant (the noncomplying
applicant) from the requirement to comply with subsection (3)
if—
(a) the applicant is 1 of 2 or more joint applicants for a first home
owner grant; and
(b) at least 1 of the applicants complies with the requirement;
and
(c) there are, in the commissioner’s opinion, good reasons to exempt
the noncomplying applicant from the requirement.
substitute
20 Payment in anticipation of compliance with
residence requirements
substitute
(1) The commissioner may authorise payment of a first home owner grant in
anticipation of compliance with the residence requirements if the commissioner
is satisfied that each applicant intends to comply with the residence
requirements.
(2) If a first home owner grant is paid in anticipation of compliance with
the residence requirements, the payment is made on condition that, if the
residence requirements are not complied with, the applicant must within 14 days
after the relevant date—
(a) give written notice of that fact to the commissioner; and
(b) repay the amount of the grant.
(3) The relevant date is the earlier of the
following:
(a) the end of the period allowed for compliance with the residence
requirements;
(b) the date it first becomes apparent that the residence requirements
will not be complied with during the period allowed for compliance.
11 Death
of applicantSection 22
(3)
substitute
(3) A deceased applicant for a first home owner grant is taken to have
complied with section 12 (Criterion 5—Residence requirements)
if—
(a) the applicant had not, when the applicant died, complied with that
section; and
(b) the commissioner is satisfied the applicant intended to comply with
that section.
insert
Part 5 Transitional
57 Amendments by First Home Owner Grant Amendment
Act 2003—continuing operation of Act for certain eligible
transactions
(1) This Act continues to apply in relation to a relevant application as
if the Act had not been amended by the relevant provisions of the amending
Act.
(2) In this section:
amending Act means the First Home Owner Grant Amendment
Act 2003.
relevant application means an application for a first home
owner grant if the commencement date for the eligible transaction to which the
application relates is earlier than 1 January 2004.
relevant provisions, of the amending Act, means the
provisions of the amending Act commencing on 1 January 2004.
(3) This part expires on 1 January 2005.
13 Dictionary,
definition of residence requirement
substitute
residence requirements means—
(a) the requirement—
(i) under section 12 (1), that an applicant for a first home owner grant
must occupy the home to which the application relates as the applicant’s
principal place of residence for a continuous period of at least 6 months;
or
(ii) under section 12 (1) and (2) (a), that an applicant for a first home
owner grant must occupy the home to which the application relates as the
applicant’s principal place of residence for a shorter period approved by
the commissioner; and
(b) the requirement under section 12 (3) that the period of occupation
required under section 12 (1), or section 12 (1) and (2) (a), must start within
1 year after completion of the eligible transaction or a longer period approved
by the commissioner.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2003.
2 Notification
Notified under the Legislation Act on 2003.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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