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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auAustralian Capital TerritoryFirst Home Owner Grant Act 2000A2000-23Republication No 35Effective: 23 June 2021Republication date: 23 June 2021Last amendment made by A2021-12Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auAbout this republicationThe republished lawThis is a republication of the First Home Owner Grant Act 2000 (including any amendment madeunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It alsoincludes any commencement, amendment, repeal or expiry affecting this republished law to23 June 2021.The legislation history and amendment history of the republished law are set out in endnotes 3and 4.Kinds of republicationsThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACTlegislation register at www.legislation.act.gov.au):• authorised republications to which the Legislation Act 2001 applies• unauthorised republications.The status of this republication appears on the bottom of each page.Editorial changesThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorialamendments and other changes of a formal nature when preparing a law for republication.Editorial changes do not change the effect of the law, but have effect as if they had been made byan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). Thechanges are made if the Parliamentary Counsel considers they are desirable to bring the law intoline, or more closely into line, with current legislative drafting practice.This republication includes amendments made under part 11.3 (see endnote 1).Uncommenced provisions and amendmentsIf a provision of the republished law has not commenced, the symbol U appears immediatelybefore the provision heading. Any uncommenced amendments that affect this republished laware accessible on the ACT legislation register (www.legislation.act.gov.au). For moreinformation, see the home page for this law on the register.ModificationsIf a provision of the republished law is affected by a current modification, thesymbol M appears immediately before the provision heading. The text of the modifyingprovision appears in the endnotes. For the legal status of modifications, see the LegislationAct 2001, section 95.PenaltiesAt the republication date, the value of a penalty unit for an offence against this law is $160 for anindividual and $810 for a corporation (see Legislation Act 2001, s 133).R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21contents 1Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auAustralian Capital TerritoryFirst Home Owner Grant Act 2000ContentsPagePart 1 Preliminary1 Name of Act 22 Dictionary 23 Notes 23A Offences against Act—application of Criminal Code etc 34 Homes 35 Ownership of land and homes 36 Partner of applicant 5Part 2 First home owner grant Division 2.1Entitlement to grant7Entitlement to grant6Division 2.2Eligibility criteria for applicants 8 Criterion 1—Applicant to be an individual 6ContentsPagecontents 2 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8A9Criterion 1A—Applicant to be at least 18 years oldCriterion 2—Applicant to be Australian citizen or permanent resident77 10 Criterion 3—Applicant (or applicant’s partner) must not have receivedan earlier grant 711 Criterion 4—Applicant (or applicant’s partner) must not have hadrelevant interest in residential property 812 Criterion 5—Residence requirements 9 12ACriterion 6—Applicant must not have been convicted of offenceagainst Act10Division 2.3Eligible transactions12B1313A13BMeaning of new home—div 2.3Meaning of eligible transaction etcFirst home owner grant capMeaning of total value of eligible transaction etc10111414Division 2.4Application for grant 14 Application for grant 1615 All interested persons to join in application 1716 Application on behalf of person under legal disability 17Division 2.5 Decision on application17 Commissioner to decide applications 1718 Amount of grant 1819 Payment of grant 1820 Payment in anticipation of compliance with residence requirements orfirst home owner grant cap 1821 Conditions generally 2022 Death of applicant 2023 Power to correct decision 2124 Notification of decision 21Division 2.6 Objections and appeals24I Meaning of objector—div 2.6 2125 Objections 2226 Grounds for objection 2327 Time for making objection 2328 Objections made out of time 2329 Decision on objection 23ContentsPageR3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21contents 3Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au30 Reviewable decision notices 2431 Applications for review 2432 Giving effect to decision on review 24Part 3 AdministrationDivision 3.1 Administration generally33 Administration 2534 Authorised officers 2535 Identity cards 2536 Administration agreements 26 Division 3.2Investigations37Authorised investigations26 3838ACross-border investigationPower to require valuation2727 39 Power to require information, records or other documents orattendance for examination 2840 Powers of entry and inspection 2941 Search warrant 3042 Use and inspection of documents and records produced or seized 3143 Privileges against self-incrimination and exposure to civil penalty 3145 Failing to comply with requirement of authorised officer 32Part 4 Repayment and recovery of grant 4646ADefinitions—pt 4Meaning of third-party debtor3333 47 Power to require repayment and impose penalty 3348 Interest in relation to repayments 3449 Power to recover amount paid in error etc 3549A Power to recover amounts from third-party debtors 3649B Payment of recoverable amounts by third-party debtors 3649C Payment of recoverable amounts by others 3749D Offence—third-party debtors to comply with notices 3849E Third-party debtors indemnified 38ContentsPagecontents 4 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auPart 5 Miscellaneous50 Secrecy 3951 Evidence 4052 Protection of officers etc 4153 Application of certain provisions of Taxation Administration Act 4154 Determination of fees 4156 Regulation-making power 42Dictionary 43Endnotes1 About the endnotes 462 Abbreviation key 463 Legislation history 474 Amendment history 525 Earlier republications 606 Expired transitional or validating provisions 63R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 1Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auAustralian Capital TerritoryFirst Home Owner Grant Act 2000An Act to encourage and assist home ownership, and to offset the effect of theGST on the acquisition of a first home, by establishing a scheme for the paymentof grants to first home ownersPart 1 PreliminarySection 1page 2 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auPart 1 Preliminary 1Name of ActThis Act is the First Home Owner Grant Act 2000. 2DictionaryThe dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words andexpressions used in this Act, and includes references (signpostdefinitions) to other words and expressions defined elsewhere in this Act.For example, the signpost definition ‘identity card—see the TaxationAdministration Act 1999, dictionary.’ means that the term ‘identity card’is defined in that dictionary and the definition applies to this Act.Note 2 A definition in the dictionary (including a signpost definition) applies tothe entire Act unless the definition, or another provision of the Act,provides otherwise or the contrary intention otherwise appears (seeLegislation Act, s 155 and s 156 (1)). 3NotesA note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.Preliminary Part 1Section 3AR3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 3Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au3A Offences against Act—application of Criminal Code etcOther legislation applies in relation to offences againstthis Act. Note 1Criminal CodeThe Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).The chapter sets out the general principles of criminal responsibility(including burdens of proof and general defences), and defines terms usedfor offences to which the Code applies (eg conduct, intention,recklessness and strict liability).Note 2 Penalty unitsThe Legislation Act, s 133 deals with the meaning of offence penaltiesthat are expressed in penalty units.4 HomesA home is a building (affixed to land) that—(a) may lawfully be used as a place of residence; and(b) is, in the commissioner’s opinion, a suitable building for use asa place of residence.5 Ownership of land and homes(1) A person is an owner of a home or a home owner if the person has arelevant interest in land on which a home is built.(2) Each of the following is a relevant interest in land:(a) a leasehold interest in the land granted by the Commonwealth;(b) a leasehold interest under a land sublease;(c) a life estate in the land approved by the commissioner;(d) a licence or right of occupancy granted by the Commonwealththat gives, in the commissioner’s opinion, the licensee or theholder of the right reasonable security of tenure;Part 1 PreliminarySection 5page 4 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(e) an interest in a company’s shares if the commissioner is satisfiedthat—(i) the interest entitles the holder of the interest to exclusiveoccupation of a particular home owned by the company;and(ii) the value of the shares is not less than the value of thecompany’s interest in the home.(3) However—(a) an interest is not a relevant interest in land at a particular timeunless the holder of the interest has, or will have within12 months after that time (or a longer time allowed by thecommissioner), a right to immediate occupation of the land; and(b) an interest is not a relevant interest in land in the hands of aperson who holds it subject to a trust; and(c) an equitable interest is not a relevant interest in land unless it isthe interest of a person under a legal disability for whom aguardian holds the interest on trust.(4) Despite subsections (2) and (3), the regulations may provide forrecognition of an interest (a noncomplying interest) as a relevantinterest in land—(a) even though the interest may not comply with the subsections;and(b) even though the interest may not be recognised at law or inequity as an interest in land.(5) If a first home owner grant is to be paid because of the recognition ofa noncomplying interest as a relevant interest in land, thecommissioner may impose appropriate conditions on the payment ofthe grant to ensure its recovery if criteria prescribed under theregulations about future conduct or events are not satisfied.Preliminary Part 1Section 6R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 5Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(6) In this section:land sublease—see the Planning and Development Act 2007,dictionary.6 Partner of applicant(1) A person is the partner of the applicant if the person is the applicant’sdomestic partner.Note For the meaning of domestic partner, see Legislation Act, s 169.(2) However, if the applicant is married, in a civil union or civilpartnership, the applicant’s spouse, civil union partner or civil partneris not to be regarded as the applicant’s partner if the commissioner issatisfied that, at the time of deciding the application for a first homeowner grant, the applicant—(a) is not living with the person; and(b) has no intention of resuming living with the person.Part 2 First home owner grantDivision 2.1 Entitlement to grantSection 7page 6 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auPart 2 First home owner grantDivision 2.1 Entitlement to grant7 Entitlement to grant(1) A first home owner grant is payable on an application under this Actif—(a) the applicant or, if there are 2 or more of them, each of theapplicants complies with the eligibility criteria; and(b) the transaction for which the grant is sought—(i) is an eligible transaction; and(ii) has been completed; and(c) if the first home owner grant cap applies to the eligibletransaction for which the grant is sought—the total value of thetransaction is not more than the amount of the first home ownergrant cap. Note 1The first home owner grant cap applies to an eligible transactionwith a commencement date on or after 1 January 2011 (see s 13A). Note 2See s 13B for how to work out the total value of an eligibletransaction. (2) Despite subsection (1) (a), an applicant need not comply with theeligibility criteria to the extent the applicant is exempted fromcompliance under this Act.(3) Only 1 first home owner grant is payable for the same eligibletransaction.Division 2.2 Eligibility criteria for applicants 8Criterion 1—Applicant to be an individualAn applicant for a first home owner grant must be an individual. First home owner grant Part 2Eligibility criteria for applicants Division 2.2Section 8AR3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 7Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au8A Criterion 1A—Applicant to be at least 18 years old(1) An applicant for a first home owner grant must be at least 18 yearsold.(2) However, if the commissioner is satisfied there are good reasons todo so, the commissioner may exempt the applicant from therequirement to be at least 18 years old.9 Criterion 2—Applicant to be Australian citizen orpermanent resident(1) An applicant for a first home owner grant must be an Australiancitizen or permanent resident.(2) However, if an application is made by joint applicants and 1 of theapplicants is an Australian citizen or permanent resident, it is notnecessary for the other or others to be Australian citizens orpermanent residents.10 Criterion 3—Applicant (or applicant’s partner) must nothave received an earlier grant(1) An applicant is ineligible if—(a) the applicant or the applicant’s partner has been a party to anearlier application under this Act or a corresponding law; and(b) a grant was paid on the application.(2) However, the applicant is not ineligible if—(a) for an application that relates to an eligible transaction with acommencement date before 1 January 2011—the grant was laterpaid back under the conditions on which the grant was made; or(b) for an application that relates to an eligible transaction with acommencement date on or after 1 January 2011—(i) the grant was later paid back; andPart 2 First home owner grantDivision 2.2 Eligibility criteria for applicantsSection 11page 8 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(ii) any amount payable as a penalty or as interest was also paidin relation to the earlier application.(3) An applicant is also ineligible if the applicant or the applicant’spartner—(a) could have successfully applied for a first home owner grantunder this Act or a corresponding law in relation to an earliertransaction to which he or she was a party but did not do so; or(b) could, assuming that he or she had then been an Australiancitizen or permanent resident, have successfully applied for afirst home owner grant under this Act or a corresponding law inrelation to an earlier transaction to which he or she was a party.11 Criterion 4—Applicant (or applicant’s partner) must nothave had relevant interest in residential property(1) An applicant is ineligible if the applicant or the applicant’s partnerhas, before 1 July 2000, held—(a) a relevant interest in residential property in the ACT; or(b) an interest in residential property in a State that is a relevantinterest under the corresponding law of the State.(2) In working out for section (1) whether an applicant held a relevantinterest (within the meaning of this Act or a corresponding law) inresidential property at a particular time, any deferment of theapplicant’s right of occupation (because the property was subject to alease) is to be disregarded.(3) An applicant is also ineligible if, before the commencement date ofthe eligible transaction to which the application relates, the applicantor the applicant’s partner—(a) held a relevant interest in residential property in the ACT or aninterest in residential property in a State that is a relevant interestunder the corresponding law of the State; andFirst home owner grant Part 2Eligibility criteria for applicants Division 2.2Section 12R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 9Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(b) occupied the property as a place of residence.(4) However, for subsection (3), the applicant or the applicant’s partneris taken not to have used the property as the residence of the applicantor the applicant’s partner if—(a) the property was the subject of an earlier application under thisAct 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 withsection 12 in relation to the earlier application.(5) In this section:residential property—land in Australia is residential property at aparticular time if there is, at that time, a building on the land lawfullyoccupied as a place of residence or suitable for occupation as a placeof residence.12 Criterion 5—Residence requirements(1) An applicant for a first home owner grant must occupy the home towhich the application relates as the applicant’s principal place ofresidence for a continuous period of at least 1 year.(2) However, if the commissioner is satisfied there are good reasons todo so, the commissioner may—(a) approve a shorter period; or(b) exempt the applicant from the requirement to comply withsubsection (1).(3) The period of occupation required under subsection (1), or the shorterperiod approved under subsection (2) (a), must start within 1 yearafter completion of the eligible transaction to which the applicationrelates or a longer period approved by the commissioner.Part 2 First home owner grantDivision 2.3 Eligible transactionsSection 12Apage 10 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(4) The commissioner may give an approval or exemption under thissection within 18 months after completion of the eligible transactionto which the application relates.(5) If an application is made by joint applicants and at least 1 (but not all)of the applicants complies with the residence requirements, the noncomplying applicant or applicants are exempted from compliancewith the residence requirements. 12ACriterion 6—Applicant must not have been convicted ofoffence against Act An applicant is ineligible if the applicant has been convicted of anoffence against this Act or a corresponding law.Division 2.3 Eligible transactions12B Meaning of new home—div 2.3(1) For this division, a new home is a home that has not been previouslyoccupied or sold as a place of residence, and includes a substantiallyrenovated home.(2) For this section:occupied, in relation to a home, includes occupation of the home ona short-term basis, regardless of the length of occupation or theintended length of occupation.substantially renovated home means a home that—(a) has substantial renovations; and(b) as renovated, has not previously been occupied or sold as a placeof residence.First home owner grant Part 2Eligible transactions Division 2.3Section 13R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 11Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.ausubstantial renovations, of a home, means renovations in which all,or a substantial part, of the home is removed or replaced.Examples—substantial renovationsremoval or replacement of foundations, external walls, interior supporting walls,floors, roof or staircases NoteAn example is part of the Act, is not exhaustive and may extend, but doesnot limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).13 Meaning of eligible transaction etc(1) An eligible transaction is—(a) a contract for the purchase of a new home in the ACT made onor after 1 September 2013; or(b) a comprehensive home building contract made on or after1 September 2013 by the owner of land in the ACT, or a personwho will on completion of the contract be the owner of land inthe ACT, to have a new home built on the land; or(c) the building of a new home in the ACT by an owner-builder ifthe building work begins on or after 1 September 2013.(2) However, a contract is not an eligible transaction if the commissioneris of the opinion that it forms part of a scheme to circumventlimitations on, or requirements affecting, eligibility or entitlement toa first home owner grant and the commissioner will, unless satisfiedto the contrary, presume the existence of such a scheme, if—(a) for a contract to purchase a home—the purchaser had an optionto purchase the home granted before 1 July 2000 or the vendorhad an option to require the purchaser to purchase the homegranted before that date; or(b) for a comprehensive building contract—either party had a rightor option granted before 1 July 2000 to require the other to enterinto the contract; orPart 2 First home owner grantDivision 2.3 Eligible transactionsSection 13page 12 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(c) for a contract made on or after 1 September 2013 that—(i) the contract replaces a contract made before1 September 2013; and(ii) the replaced contract was—(A) a contract for the purchase of the same home; or(B) a comprehensive home building contract to build thesame or a substantially similar home.(3) The commencement date of an eligible transaction is—(a) for a contract—the date when the contract is made; or(b) for the building of a home by an owner-builder—(i) the date when laying the foundations for the home begins;or(ii) another date the commissioner considers appropriate in thecircumstances of the case.(4) Subject to any qualifications prescribed under the regulations, aneligible transaction is completed when—(a) for a contract for the purchase of a new home—(i) the purchaser becomes entitled to possession of the homeunder the contract; and(ii) if the purchaser is to obtain a registered title to the land onwhich the home is situated—the necessary steps to obtainregistration of the purchaser’s title have been taken; or(b) for a contract to have a home built—the building is ready foroccupation as a place of residence; orFirst home owner grant Part 2Eligible transactions Division 2.3Section 13R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 13Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(c) for the building of a home by an owner-builder—the building isready for occupation as a place of residence. NoteFor when certain transactions related to moveable buildings arecompleted, see s (5). (5) If a person purchases a moveable building and intends to use it as aplace of residence on land in which the person has a relevant interestbut on which it is not situated at the time of purchase—(a) this Act applies as if the person were an owner-builder buildinga home on the land; and(b) the commencement date of the transaction is taken to be the dateof the contract to purchase the moveable building; and(c) the transaction is taken to be completed when the moveablebuilding is ready for occupation as a place of residence on landin which the purchaser has a relevant interest.(6) The consideration for an eligible transaction is—(a) for a contract for the purchase of a new home—the considerationfor the purchase; or(b) for a comprehensive home building contract—the totalconsideration payable for the building work; or(c) for the building of a home by an owner-builder—the actual coststo the owner of carrying out the work (excluding any allowancefor the owner-builder’s own labour).(7) In this section:comprehensive home building contract means a contract underwhich a builder undertakes to build a home on land from the inceptionof the building work to the point where the home is ready foroccupation and if, for any reason, the work to be carried out undersuch a contract is not completed, includes any further contract underwhich the work is to be completed.Part 2 First home owner grantDivision 2.3 Eligible transactionsSection 13Apage 14 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.aucontract for the purchase of a new home means a contract for theacquisition of a relevant interest in land on which a home is built.option to purchase includes a right of pre-emption or a right of firstrefusal.owner-builder means an owner of land who builds a home, or has ahome built, on the land without entering into a comprehensive homebuilding contract. NoteFor when a person is taken to be an owner-builder in relation to amoveable building, see s (5). 13A First home owner grant cap(1) The first home owner grant cap applies to an eligible transaction witha commencement date on or after 1 January 2011.(2) The amount of the first home owner grant cap is—(a) $750 000; or(b) if another amount is prescribed by regulation—the prescribedamount.13B Meaning of total value of eligible transaction etc(1) The total value of an eligible transaction is as follows:(a) for a contract for the purchase of a home, the greater of thefollowing:(i) the consideration for the contract;(ii) the unencumbered value, at the commencement date, of thehome;(b) for a comprehensive home building contract, the amount workedout by adding together—(i) the consideration for the contract; andFirst home owner grant Part 2Eligible transactions Division 2.3Section 13BR3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 15Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(ii) the value, at the commencement date, of the relevantinterest in the land on which the home is to be built;(c) for the building of a home by an owner builder, the amountworked out by adding together—(i) the unencumbered value, at the date the transaction iscompleted, of the home; and(ii) the value, at the date the transaction is completed, of therelevant interest in the land on which the home is built.(2) The value of the relevant interest in the land on which a home is, oris to be, built is the greater of the following:(a) the consideration paid or payable for the interest;(b) the unencumbered value of the interest.(3) The unencumbered value of a home or relevant interest in land is thevalue of the home or interest worked out without regard to—(a) any encumbrance to which the home or interest is subject,whether contingently or otherwise; or(b) any arrangement that results in the reduction of the value of thehome or interest, if the parties to the arrangement are not dealingwith each other at arm’s length; or(c) any scheme or arrangement that, in the commissioner’s opinion,was entered into, made or carried out by a party to the schemeor arrangement for the main purpose of reducing the value of thehome or interest; or(d) if the home or interest is held by a person on trust as guardianfor another person who is under a legal disability—anyliabilities of the trust, including the liability to indemnify thetrustee.Part 2 First home owner grantDivision 2.4 Application for grantSection 14page 16 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(4) For the purposes of subsection (3) (c), the commissioner mayconsider—(a) the duration of the scheme or arrangement before thecommencement date of the transaction to which the home orinterest relates; and(b) whether there is any commercial efficacy to the making of thescheme or arrangement other than to reduce the value of thehome or interest; and(c) anything else the commissioner considers relevant.Division 2.4 Application for grant14 Application for grant(1) An application for a first home owner grant is to be made to thecommissioner.Note For how documents may be given, see Legislation Act, pt 19.5.(2) An applicant must provide the commissioner with any informationthe commissioner requires to decide the application.(3) Information provided by an applicant in or in relation to anapplication must, if the commissioner so requires, be verified bystatutory declaration or supported by other evidence required by thecommissioner. Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making ofstatutory declarations under ACT laws. Note 2 It is an offence to make a false or misleading statement, give false ormisleading information or produce a false or misleading document (seeCriminal Code, pt 3.4).(4) An application may only be made within a period (the applicationperiod)—(a) beginning on the commencement date of the eligible transactionto which the application relates; andFirst home owner grant Part 2Decision on application Division 2.5Section 15R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 17Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(b) ending 1 year after the completion of the eligible transaction towhich the application relates.(5) However, the commissioner has a discretion to allow an applicationbefore or after the application period.(6) An applicant may, with the commissioner’s consent, amend anapplication.15 All interested persons to join in application(1) All interested persons must be applicants.(2) An interested person is a person who is, or will be on completion ofthe eligible transaction to which the application relates, an owner ofthe relevant home except such a person who is excluded from theapplication of this section under the regulations.16 Application on behalf of person under legal disability(1) An application may be made on behalf of a person under a legaldisability by a guardian.(2) For the purpose of deciding eligibility, the person under the legaldisability is to be regarded as the applicant.Division 2.5 Decision on application17 Commissioner to decide applications(1) If the commissioner is satisfied that a first home owner grant ispayable on an application, the commissioner must authorise thepayment of the grant.(2) The commissioner may authorise the payment of a first home ownergrant before completion of the eligible transaction if satisfied that—(a) there are good reasons for doing so; andPart 2 First home owner grantDivision 2.5 Decision on applicationSection 18page 18 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(b) the interests of the Territory can be adequately protected byconditions requiring repayment of the grant if the transaction isnot completed within a reasonable time.18 Amount of grant(1) The amount of a first home owner grant is the lesser of the following:(a) the consideration for the eligible transaction;(b) an amount determined by the Minister.(2) A determination is a disallowable instrument. NoteA disallowable instrument must be notified, and presented to theLegislative Assembly, under the Legislation Act. 19 Payment of grant(1) A first home owner grant is to be paid by electronic funds transfer, bycheque or in any other way the commissioner considers appropriate.(2) A first home owner grant is to be paid—(a) to the applicant; or(b) to someone else to whom the applicant directs in writing that thegrant be paid.20 Payment in anticipation of compliance with residencerequirements or first home owner grant cap(1) The commissioner may authorise payment of a first home ownergrant in anticipation of compliance with the residence requirementsif the commissioner is satisfied that each applicant intends to complywith the residence requirements.(2) If a first home owner grant is paid in anticipation of compliance withthe residence requirements, the payment is made on condition that, ifthe residence requirements are not complied with, the applicant mustwithin 14 days after the relevant date—First home owner grant Part 2Decision on application Division 2.5Section 20R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 19Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(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 residencerequirements;(b) the date it first becomes apparent that the residence requirementswill not be complied with during the period allowed forcompliance.(4) The commissioner may authorise payment of a first home ownergrant in anticipation of compliance with the first home owner grantcap if—(a) the grant is to be paid in relation to an eligible transaction thatinvolves the building of a home by an owner builder before thecompletion of the eligible transaction; and(b) the first home owner grant cap applies to the eligible transaction.(5) If a first home owner grant is paid in anticipation of compliance withthe first home owner grant cap, the payment is made on conditionthat, if the applicant becomes aware that the total value of the eligibletransaction is, or will be, more than the first home owner grant cap,the applicant must, within 14 days after the day the applicant becomesaware of that fact—(a) give written notice of that fact to the commissioner; and(b) repay the amount of the grant.(6) If a first home owner grant is paid to a person on the conditionmentioned in subsection (2) or (5), the person must comply with thecondition.Maximum penalty: 50 penalty units.(7) An offence against this section is a strict liability offence.Part 2 First home owner grantDivision 2.5 Decision on applicationSection 21page 20 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au21 Conditions generally(1) The commissioner may authorise the payment of a first home ownergrant on conditions the commissioner considers appropriate.(2) A condition imposed by the commissioner (under this section or anyother provision of this Act) may require a person on whoseapplication the first home owner grant is paid—(a) to give notice of noncompliance with the condition within aperiod stated in the condition; and(b) to repay the grant or part of the grant within a period stated inthe condition.(3) For a joint application, each applicant is individually liable to complywith a requirement under subsection (2) but compliance by any ofthem is to be regarded as compliance by all.(4) If a first home owner grant is paid to a person on a condition imposedby the commissioner under this section or another provision of thisAct, the person must comply with the condition.Maximum penalty: 50 penalty units.(5) An offence against this section is a strict liability offence.22 Death of applicant(1) An application for a first home owner grant does not lapse because anapplicant dies before the application is decided.(2) If an applicant dies before the application is decided, the followingprovisions apply:(a) if the deceased applicant was one of 2 or more applicants and1 or more applicants survive—the application is to be dealt withas if the surviving applicants were the sole applicants;(b) in any other case—a first home owner grant, if payable on theapplication, is to be paid to the estate of the deceased applicant.First home owner grant Part 2Objections and appeals Division 2.6Section 23R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(3) A deceased applicant for a first home owner grant is taken to havecomplied with section 12 (Criterion 5—Residence requirements) if—(a) the applicant had not, when the applicant died, complied withthat section; and(b) the commissioner is satisfied the applicant intended to complywith that section.23 Power to correct decision(1) If the commissioner decides an application, and is later satisfied(independently of an objection under this Act) that the decision isincorrect, the commissioner may vary or reverse the decision.(2) A decision cannot be varied or reversed under this section more than5 years after it was made.24 Notification of decision(1) If the commissioner decides an application (or decides to vary orreverse an earlier decision on an application), the commissioner mustgive the applicant notice of the decision.(2) If the decision is to authorise the payment of a first home owner grant,the payment of the grant is sufficient notice of the decision.(3) If the decision is to refuse an application, or to vary or reverse anearlier decision on an application, the commissioner must state in thenotice the reasons for the decision.Division 2.6 Objections and appeals 24IMeaning of objector—div 2.6In this division: objector means a person who gives a written objection to thecommissioner under section 25.Part 2 First home owner grantDivision 2.6 Objections and appealsSection 25page 22 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au25 Objections(1) An applicant may give a written objection to the commissioner if theapplicant is dissatisfied with the commissioner’s decision in any way.Note 1 For how documents may be given, see Legislation Act, pt 19.5. Note 2A fee may be determined under s 54 (Determination of fees) for thissection. (2) A third-party debtor for a grant recipient may give a written objectionto the commissioner if the debtor is dissatisfied with a decision of thecommissioner to require the debtor to pay a recoverable amountinstead of the grant recipient.(3) The commissioner must refund any fee paid in relation to theobjection if—(a) the commissioner allows the objection in whole or in part; or(b) the objector applies to the ACAT for review of thecommissioner’s decision on the objection and—(i) the ACAT or a court hearing the review or appeal on thematter upholds the objection in whole or in part; and(ii) the period when any further appeal can be made has ended;and(iii) neither the objector nor the commissioner has appealedagainst the decision in relation to a part of the objectionthat was upheld.(4) In this section:recoverable amount—see section 49 (1).First home owner grant Part 2Objections and appeals Division 2.6Section 26R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 23Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au26 Grounds for objection(1) The grounds for the objection must be stated fully and in detail andmust be in writing.(2) The burden of showing that the objection should be upheld lies withthe objector.27 Time for making objectionThe objection must be given to the commissioner not later than60 days after notice of the decision objected to is given to theobjector.28 Objections made out of time(1) The commissioner may permit the objector to make an objection afterthe 60-day period.(2) If the objector wishes to make the objection after the 60-day period,the objector must state fully and in detail, in writing, thecircumstances concerning and the reasons for the failure to make theobjection within the period.(3) The commissioner may give permission unconditionally or subject toconditions or may refuse permission.(4) The commissioner must give notice to the objector of thecommissioner’s decision.(5) If the commissioner does not give permission unconditionally, thecommissioner must include in the notice an explanation for refusingto give permission or for imposing conditions on the permission.29 Decision on objectionThe commissioner must consider the objection and either allow theobjection in whole or in part or disallow the objection.Part 2 First home owner grantDivision 2.6 Objections and appealsSection 30page 24 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au30 Reviewable decision noticesThe commissioner must give a reviewable decision notice to theobjector of the commissioner’s decision on an objection.Note 1 The commissioner must also take reasonable steps to give a reviewabledecision notice to any other person whose interests are affected by thedecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2The requirements for reviewable decision notices are prescribed underthe ACT Civil and Administrative Tribunal Act 2008. 31 Applications for reviewThe following may apply to the ACAT for review of a decision of thecommissioner under section 29:(a) the objector in relation to the decision;(b) any other person whose interests are affected by the decision. NoteIf a form is approved under the ACT Civil and Administrative TribunalAct 2008 for the application, the form must be used. 32 Giving effect to decision on review(1) Within 60 days after a decision of the ACAT becomes final, thecommissioner must take any action that is necessary to give effect tothe decision.(2) For this section, a decision of the ACAT becomes final when a periodof 30 days has passed after 1 of the following decisions and no appealagainst the decision is made within the 30-day period:(a) a decision of the ACAT on application for review;(b) a decision by a court hearing an appeal from—(i) the decision of the ACAT; or(ii) a decision of a lower court in relation to the decision of theACAT.Administration Part 3Administration generally Division 3.1Section 33R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 25Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auPart 3 AdministrationDivision 3.1 Administration generally 33AdministrationThecommissionerisresponsibletotheMinisterfor the administration of the first home owner grant scheme.34 Authorised officers(1) A person is an authorised officer for this Act if the person is anauthorised officer under the Taxation Administration Act 1999,section 79.(2) For this Act, a notice may be issued by the commissioner under theTaxation Administration Act 1999, section 79 (3) to a person who isengaged in the administration of a corresponding law.(3) A person to whom the commissioner delegates functions underdivision 3.2 is an authorised officer for this Act and the TaxationAdministration Act 1999.Note The commissioner’s power of delegation is in the TaxationAdministration Act 1999, s 78.35 Identity cards(1) An identity card issued to a person under the Taxation AdministrationAct 1999, section 80 (1) may state that the person is an authorisedofficer for the purposes of this Act. NoteSection 80 (1) requires an identity card to be issued to each authorisedperson. (2) This section is additional to, and does not limit, the TaxationAdministration Act 1999, section 80.Part 3 AdministrationDivision 3.2 InvestigationsSection 36page 26 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au36 Administration agreements(1) Without limiting the Taxation Administration Act 1999, section 78,the commissioner may enter into an agreement (an administrationagreement) with a financial institution or anyone else under which—(a) the commissioner delegates under that section functions relatedto the administration of the first home owner grant scheme; and(b) the financial institution or other person is required to carry outthe delegated functions in accordance with stated conditions.Note Under the Taxation Administration Act 1999, s 78 the commissioner maydelegate to any person any function of the commissioner under that orany other Act.(2) The conditions of an administration agreement may includeconditions prescribed under the regulations.(3) If an administration agreement with a financial institution or anyoneelse includes a condition prescribed by regulation, the financialinstitution or other person must comply with the condition.Maximum penalty: 50 penalty units.(4) An offence against this section is a strict liability offence.(5) The commissioner may, at any time, revoke an administrationagreement, including any delegation included in the agreement.Division 3.2 Investigations 37Authorised investigationsAn authorised investigation is an investigation to decide— (a) whether an application under this Act or a corresponding law fora first home owner grant has been properly made; or(b) whether an objection to a decision made under this Act or acorresponding law should be upheld; orAdministration Part 3Investigations Division 3.2Section 38R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 27Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(c) whether an applicant to whom, or for whose benefit, a first homeowner grant has been paid under this Act or a corresponding lawwas eligible for the grant; or(d) whether a condition on which a first home owner grant has beenpaid under this Act or a corresponding law has been compliedwith; or(e) anything else reasonably related to the administration orenforcement of this Act or a corresponding law.38 Cross-border investigation(1) The commissioner may, at the request of an authority responsible foradministering a corresponding law, carry out an authorisedinvestigation for the corresponding law.(2) The commissioner may, under the Taxation Administration Act 1999,section 78, delegate powers of investigation under this division to theauthority responsible for the administration of a corresponding law,or a person nominated by that authority.(3) Subsection (2) does not limit the Taxation Administration Act 1999,section 78.38A Power to require valuation(1) For the purposes of deciding the total value of an eligible transaction,the commissioner may do 1 or more of the following:(a) require, by written notice, an applicant or former applicant for afirst home owner grant to give the commissioner—(i) a valuation by a valuer of any property or consideration; or(ii) other evidence of the value of the property or considerationthe commissioner considers appropriate;Part 3 AdministrationDivision 3.2 InvestigationsSection 39page 28 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(b) have a valuation made of any property or consideration;(c) adopt any available valuation of the property or considerationby a valuer.(2) In this section:valuer means—(a) a certified practising valuer who is a member of the AustralianProperty Institute; or(b) a person the commissioner considers suitably qualified.39 Power to require information, records or otherdocuments or attendance for examination(1) The commissioner may, for an authorised investigation, by writtennotice given to a person, require the person—(a) to provide to the commissioner (either orally or in writing)information that is described in the notice; or(b) to attend and give evidence before an authorised officer; or(c) to produce to the commissioner a record or other documentdescribed in the notice that is in the person’s custody or control.Note For how documents may be given, see Legislation Act, pt 19.5.(2) The commissioner—(a) may state whether information or evidence to be provided orgiven under this section must be given orally or in writing; and(b) may require any information or evidence given in writing to bein the form of, or verified by, a statutory declaration; and Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the makingof statutory declarations under ACT laws. Note 2It is an offence to make a false or misleading statement, give falseor misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).Administration Part 3Investigations Division 3.2Section 40R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 29Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(c) may require any information or evidence given orally to begiven on oath or affirmation.(3) A person commits an offence if the person—(a) fails to comply with the requirements of a notice under thissection within the period stated in the notice or any furtherperiod allowed by the commissioner; or(b) fails to comply with any other requirement of the commissionerabout the giving of evidence or how information or evidence isto be provided or given under this section.Maximum penalty: 50 penalty units.(4) Subsection (3) does not apply if the person has a reasonable excusefor failing to comply with the requirement.(5) An offence against this section is a strict liability offence.40 Powers of entry and inspection(1) An authorised officer may, for an authorised investigation, enter andinspect any premises at any reasonable time and do any of thefollowing:(a) remain on the premises;(b) examine all documents and seize and remove, or take copies ofor extracts from, any document on behalf of the commissioner;(c) require anyone on the premises to answer questions or otherwiseprovide information;(d) require anyone on the premises to give access to any documentin the person’s custody or control, and to—(i) produce or display the document; orPart 3 AdministrationDivision 3.2 InvestigationsSection 41page 30 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(ii) provide a copy of the document or a version of it in someform other than that in which it is normally kept;in any printed, electronic or other form that it is reasonablypracticable to provide;(e) require the owner or occupier of the premises to provide theauthorised officer with such assistance and facilities as arereasonably necessary to enable the authorised officer to exercisepowers under this division.(2) An authorised officer who enters premises under subsection (1) andis requested by the occupier to identify himself or herself is onlyauthorised to remain on the premises if the authorised officerproduces his or her identity card to the occupier.(3) The powers of entry and inspection under this section must not beexercised in relation to premises, or a part of premises, used forresidential purposes except with the consent of the owner or occupierof the premises or part.(4) In this section:occupier, of premises, includes a person apparently in charge of orresponsible for the premises.41 Search warrant(1) If a magistrate is satisfied, on the application of the commissionersupported by an affidavit or other sworn evidence, that there is areasonable ground for suspecting that a document relevant to anauthorised investigation may be found in particular premises, themagistrate may issue a warrant authorising an authorised officertogether with any assistants named or described in the warrant—(a) to enter those premises, using such force as is necessary for thepurpose; andAdministration Part 3Investigations Division 3.2Section 42R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 31Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(b) to search the premises and to break open and search anything inthe premises in which a document may be stored or concealed;and(c) to seize or remove, on behalf of the commissioner, anydocument that appears to be relevant to the authorisedinvestigation.(2) The powers given by this section are additional to, and do not limit,any other powers given by law.42 Use and inspection of documents and records producedor seized(1) This section applies to a document that has been produced to thecommissioner or seized and removed by an authorised officer.(2) The document may be kept for as long as is necessary to enable it tobe inspected and copies of or extracts or notes from it to be made.(3) If the document is required by the commissioner as evidence for alegal proceeding, it may be kept until the proceedings are finallydecided.(4) The commissioner must permit a person who would be entitled toinspect the document if it were not in the commissioner’s possessionto inspect the document at any reasonable time.(5) This section does not affect any lien a person has on the document.43 Privileges against self-incrimination and exposure to civilpenalty(1) This section applies if a person is required to answer a question, giveinformation or produce a document under section 39.Part 3 AdministrationDivision 3.2 InvestigationsSection 45page 32 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(2) The person cannot rely on the common law privileges againstself-incrimination and exposure to the imposition of a civil penalty torefuse to answer the question, give the information or produce thedocument.Note The Legislation Act, s 171 deals with client legal privilege.(3) However, any information, document or other thing obtained, directlyor indirectly, because of the answering of the question, giving of theinformation or producing of the document, is not admissible inevidence against the person in a criminal proceeding, other than aproceeding for—(a) an offence in relation to the failure to answer the question, givethe information or produce the document; or(b) any offence in relation to the falsity or the misleading nature ofthe answer, information or document.45 Failing to comply with requirement of authorised officer(1) A person must comply with a requirement made of the person by anauthorised officer under this division.Maximum penalty: 50 penalty units.(2) An offence against this section is a strict liability offence.(3) A person does not commit an offence against this section arising fromthe entry of an authorised officer into premises unless the prosecutionestablishes that, at the material time, the authorised officer had—(a) identified himself or herself as an authorised officer; and(b) warned the person that a failure to comply with the requirementwas an offence.Repayment and recovery of grant Part 4Section 46R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 33Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auPart 4 Repayment and recovery of grant46 Definitions—pt 4In this part:recoverable amount—see section 49 (1).recovery notice—see section 49A (2).46A Meaning of third-party debtorA third-party debtor, for a grant recipient, means 1 or more of thefollowing people:(a) a person from whom any money is due or accruing, or maybecome due, to the grant recipient;(b) a person who holds, or may subsequently hold, money for or onaccount of the grant recipient;(c) a person who holds, or may subsequently hold, money for or onaccount of someone else for payment to the grant recipient;(d) a person who has authority from someone else to pay money tothe grant recipient.47 Power to require repayment and impose penalty(1) The commissioner may, by written notice, require an applicant (orformer applicant) for a first home owner grant to repay an amountpaid on the application if—(a) the amount was paid in error; or(b) the commissioner reverses the decision under which the amountwas paid for any other reason.Part 4 Repayment and recovery of grantSection 48page 34 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(2) If, because of an applicant’s dishonesty, an amount is paid by way ofa first home owner grant, the commissioner may, by the notice inwhich repayment is required or a separate notice, impose a penalty ofnot more than the amount the applicant is required to repay.(3) If an applicant (or former applicant) for a first home owner grant failsto make a repayment required under this section or the conditions ofthe grant, the commissioner may, by written notice, impose a penaltyof not more than the amount the applicant is required to repay.(4) If an amount is paid in error on an application for a first home ownergrant to a third party, the commissioner may, by written notice,require the third party to repay the amount to the commissioner.48 Interest in relation to repayments(1) A person is liable to pay interest under this section on the amount ofa first home owner grant paid to the person if the amount is repayableunder section 20 (2) (b) or section 21 (2).(2) A person is liable to pay interest under this section on an amount paidto the person on an application for a first home owner grant if theamount is repayable under section 47.(3) Interest under this section is to be calculated on a daily basis from—(a) if the amount is repayable under section 20 (2) (b)—the relevantdate as defined in section 20 (3); or(b) if the amount is repayable under section 21 (2)—the day thenotice mentioned in section 21 (2) (a) is given to thecommissioner; or(c) if the amount is repayable under section 47 (1)—the date theamount was paid to the applicant.(4) For this section, the interest rate is the interest rate mentioned in theTaxation Administration Act 1999, section 26.Repayment and recovery of grant Part 4Section 49R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 35Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au49 Power to recover amount paid in error etc(1) This section applies to the following amounts (each of which is arecoverable amount):(a) an amount that an applicant (or former applicant) for a first homeowner grant is required to repay under the conditions of the grantor by requirement of the commissioner under this Act;(b) the amount of a penalty imposed on an applicant (or formerapplicant) for a first home owner grant;(c) an amount a third party is required to repay by requirement ofthe commissioner under this Act;(d) interest the applicant is required to pay under section 48.(2) The liability arising from a requirement to pay (or repay) arecoverable amount is joint and several if the requirement attaches to2 or more persons.(3) If an applicant who is liable to pay a recoverable amount has aninterest in the home for which the first home owner grant was sought,the liability is a first charge on the applicant’s interest in the home.(4) The commissioner may recover a recoverable amount as a debt to theTerritory.(5) The commissioner may enter into an arrangement (which may includeprovision for the payment of interest) for payment of a liabilityoutstanding under this section by instalments.(6) The commissioner may remit or refund all or part of an amount ofinterest paid or payable by a person.(7) The commissioner may write off the whole or part of a liability to paya recoverable amount if satisfied that action, or further action, torecover the amount outstanding is impracticable or unwarranted.Part 4 Repayment and recovery of grantSection 49Apage 36 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au49A Power to recover amounts from third-party debtors(1) The commissioner may require a third-party debtor for a grantrecipient to pay a recoverable amount instead of the grant recipient.(2) The requirement must be made by written notice (a recovery notice)given to the third-party debtor.Note For how documents may be given, see s 53 (1) (c).(3) The recovery notice must—(a) state the date of the notice; and(b) state the recoverable amount; and(c) include a statement about the effect of section 49B (1); and(d) if section 49B (2) applies—include a statement about the effectof the section, and the amount required to be paid out of eachinstalment; and(e) include a statement about the effect of section 49B (3).(4) The recovery notice may also state a day by which the amountrequired to be paid under the recovery notice is payable.(5) The commissioner must give a copy of the recovery notice to the grantrecipient.49B Payment of recoverable amounts by third-party debtors(1) The amount that a third-party debtor for a grant recipient is requiredto pay under a recovery notice is—(a) if the amount payable by the third-party debtor to the grantrecipient is equal to or less than the recoverable amount—all ofthe amount payable; or(b) if the amount payable by the third-party debtor to the grantrecipient is more than the recoverable amount—the recoverableamount.Repayment and recovery of grant Part 4Section 49CR3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 37Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(2) If the amount payable by the third-party debtor to the grant recipientis payable in instalments, the commissioner may require the debtor topay the commissioner an amount out of each instalment.(3) A third-party debtor must pay the commissioner the amount requiredto be paid under a recovery notice by the later of the following:(a) receipt of the recovery notice;(b) when the amount held by the third-party debtor becomes due tothe grant recipient;(c) the day (if any) stated by the commissioner in the recoverynotice.49C Payment of recoverable amounts by others(1) This section applies if—(a) the commissioner gives a recovery notice to a third-party debtorfor a grant recipient; and(b) someone else pays all or part of the recoverable amount to thecommissioner after the notice is given.(2) If the other person pays all of the recoverable amount, thecommissioner must—(a) tell the third-party debtor that the debtor is not liable to pay therecoverable amount; and(b) if the third-party debtor makes a payment towards therecoverable amount after the other person pays all of theamount—repay the third-party debtor the payment.(3) If the other person pays part of the recoverable amount, thecommissioner must give the third-party debtor another notice(a revised recovery notice) stating the new amount that the debtor isrequired to pay.Part 4 Repayment and recovery of grantSection 49Dpage 38 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au49D Offence—third-party debtors to comply with notices(1) A third-party debtor for a grant recipient must comply with—(a) a recovery notice; or(b) if a revised recovery notice is given to the debtor—the revisedrecovery notice.Maximum penalty: 50 penalty units.(2) If a third-party debtor is convicted of an offence againstsubsection (1), the court may, in addition to imposing a penalty on thedebtor, order the debtor to pay the commissioner an amount that isnot more than the recoverable amount under the recovery notice orrevised recovery notice to which the offence relates.(3) In this section:revised recovery notice—see section 49C (3).49E Third-party debtors indemnifiedA third-party debtor for a grant recipient who makes a payment underthis part is—(a) taken to be acting under the authority of the grant recipient andanyone else concerned; and(b) indemnified by this section in relation to the payment.Miscellaneous Part 5Section 50R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 39Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auPart 5 Miscellaneous50 Secrecy(1) In this section:person to whom this section applies means a person who—(c) is, or has been, engaged in work related to the administration ofthis Act; or(d) has obtained access to protected information (directly orindirectly) from a person who is, or has been, engaged in workrelated to the administration of this Act.protected information means information about the following peoplethat is disclosed to, or obtained by, a person to whom this sectionapplies in the course of work related to the administration of this Act:(a) a grant recipient;(b) a third-party debtor for a grant recipient.(2) A person to whom this section applies commits an offence if theperson—(a) does something that discloses protected information aboutsomeone else; and(b) is reckless about whether—(i) the information is protected information about someoneelse; and(ii) doing the thing would result in the information beingdisclosed.Maximum penalty: 50 penalty units, imprisonment for 6 months orboth.Part 5 MiscellaneousSection 51page 40 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au(3) This section does not apply if the information is disclosed—(a) under this Act or another territory law; or(b) in relation to the exercise of a function, as a person to whom thissection applies, under this Act or another territory law; or(c) in relation to the administration or enforcement of—(i) a corresponding law; or(ii) a law of the Commonwealth, a State or another Territoryfor the assessment or imposition of a tax; or(d) with the consent of the person to whom the information relatesor a person acting for that person; or(e) for the purpose of a legal proceeding; or(f) as authorised by regulation.51 Evidence(1) A certificate signed by the commissioner stating that a first homeowner grant was paid to a person named in the certificate on a stateddate is admissible in legal proceedings as evidence of the payment.(2) A copy of a notice issued by the commissioner imposing a penaltyunder this Act is admissible in legal proceedings as evidence of theimposition of the penalty.(3) A copy of a notice issued by the commissioner requiring the paymentor repayment of a stated amount is admissible in legal proceedings asevidence—(a) that the requirement was made; and(b) that the amount stated in the notice was outstanding at the dateof the notice.Miscellaneous Part 5Section 52R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 41Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au52 Protection of officers etc(1) This section applies to—(a) the commissioner; and(b) an authorised officer; and(c) a delegate of the commissioner who is a public servant.(2) No personal liability attaches to a person to whom this section appliesfor an honest act or omission in the exercise, or purported exercise,of functions under this Act.(3) A liability that would, apart from subsection (2), lie against a personto whom this section applies lies against the Territory.53 Application of certain provisions of TaxationAdministration Act(1) The following sections of the Taxation Administration Act 1999 applyto this Act as if it were a tax law within the meaning of that Act:(a) section 127 (Service of documents on commissioner);(b) section 128 (Day of service of document or payment of money);(c) section 129 (Service of documents by commissioner).(2) This section does not, by implication, limit the application to this Actof any other provision of the Taxation Administration Act 1999.54 Determination of fees(1) The Minister may determine fees for this Act.(2) A determination under this section is a disallowable instrument. NoteA disallowable instrument must be notified, and presented to theLegislative Assembly, under the Legislation Act 2001. Part 5 MiscellaneousSection 56page 42 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au56 Regulation-making power(1) The Executive may make regulations for this Act. NoteRegulations must be notified, and presented to the Legislative Assembly,under the Legislation Act 2001. (2) A regulation may create offences and fix maximum penalties of notmore than 10 penalty units for the offences.DictionaryR3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 43Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auDictionary(see s 2) Note 1The Legislation Act contains definitions and other provisions relevant tothis Act. Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:• ACAT• administrative unit• Australian citizen• civil partner• civil partnership• civil union• civil union partner• commissioner for revenue• contravene• corporation• exercise• fail• function• penalty unit• public servant• reviewable decision notice• State• writing.authorised investigation—see section 37.authorised officer—see section 34.building includes part of a building.commencement date, of an eligible transaction—see section 13 (3)and (5).commissioner means the commissioner for revenue.completed, for an eligible transaction—see section 13 (4).Dictionarypage 44 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auconsideration, for an eligible transaction—see section 13 (6).corresponding law means an Act of a State corresponding to this Act.eligibility criteria means the criteria for deciding whether anapplicant for a first home owner grant is eligible for the grant (seedivision 2.2).eligible transaction—see section 13 (1) and (2).first home owner grant means a grant authorised under section 17.first home owner grant cap means the first home owner grant capmentioned in section 13A.first home owner grant scheme means the scheme for payment offirst home owner grants established under this Act.grant recipient means—(a) an applicant (or former applicant) for a first home owner grantto whom an amount is paid under this Act; or(b) any other person to whom an amount is paid under this Act.guardian, of a person under a legal disability, includes a trustee whoholds property on trust for the person under an instrument of trust orby order or direction of a court or tribunal.home—see section 4.home owner—see section 5 (1).identity card—see the Taxation Administration Act 1999, dictionary.new home, for division 2.3 (Eligible transactions)—see section 12B (1).objector, for division 2.6 (Objections and appeals)—see section 24I.owner means—(a) of land—a person who has a relevant interest in the land; or(b) of a home—see section 5 (1).DictionaryR3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 45Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.aupartner, of an applicant—see section 6.permanent resident means—(a) a person who holds a permanent visa for the Migration Act 1958(Cwlth), section 30; or(b) a New Zealand citizen who holds a special category visa underthe Migration Act 1958 (Cwlth), section 32.recoverable amount, for part 4 (Repayment and recovery of grant)—see section 49 (1).recovery notice, for part 4 (Repayment and recovery of grant)—seesection 49A (2).relevant interest in land—see section 5 (2), (3) and (4).residence requirements means—(a) the requirement—(i) under section 12 (1), that an applicant for a first homeowner grant must occupy the home to which theapplication relates as the applicant’s principal place ofresidence for a continuous period of at least 1 year; or(ii) under section 12 (1) and (2) (a), that an applicant for a firsthome owner grant must occupy the home to which theapplication relates as the applicant’s principal place ofresidence for a shorter period approved by thecommissioner; and(b) the requirement under section 12 (3) that the period ofoccupation required under section 12 (1), or section 12 (1) and(2) (a), must start within 1 year after completion of the eligibletransaction or a longer period approved by the commissioner.third-party debtor, for a grant recipient—see section 46A.total value of an eligible transaction—see section 13B (1).Endnotes1 About the endnotespage 46 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auEndnotes1 About the endnotesAmending and modifying laws are annotated in the legislation history and theamendment history. Current modifications are not included in the republished lawbut are set out in the endnotes.Not all editorial amendments made under the Legislation Act 2001, part 11.3 areannotated in the amendment history. Full details of any amendments can beobtained from the Parliamentary Counsel’s Office.Uncommenced amending laws are not included in the republished law. The detailsof these laws are underlined in the legislation history. Uncommenced expiries areunderlined in the legislation history and amendment history.If all the provisions of the law have been renumbered, a table of renumberedprovisions gives details of previous and current numbering.The endnotes also include a table of earlier republications.2 Abbreviation key A = ActNI = Notifiable instrumentAF = Approved formo = orderam = amendedom = omitted/repealedamdt = amendmentord = ordinanceAR = Assembly resolutionorig = originalch = chapterpar = paragraph/subparagraphCN = Commencement noticepres = presentdef = definitionprev = previousDI = Disallowable instrument(prev…) = previouslydict = dictionarypt = partdisallowed = disallowed by the Legislativer = rule/subruleAssemblyreloc = relocateddiv = divisionrenum = renumberedexp = expires/expiredR[X] = Republication NoGaz = gazetteRI = reissuehdg = headings = section/subsectionIA = Interpretation Act 1967sch = scheduleins = inserted/addedsdiv = subdivisionLA = Legislation Act 2001SL = Subordinate lawLR = legislation registersub = substitutedLRA = Legislation (Republication) Act 1996underlining = whole or part not commencedmod = modified/modificationor to be expired EndnotesLegislation history 3R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 47Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au3 Legislation historyFirst Home Owner Grant Act 2000 A2000-23notified 15 June 2000 (Gaz 2000 No 24)s 1, s 2 commenced 15 June 2000 (IA s 10B)remainder commenced 1 July 2000 (s 2)as amended byTreasury and Infrastructure Legislation Amendment Act 2000A2000-78 s 3notified 21 December 2000 (Gaz 2000 No S69)s 1, s 2 commenced 21 December 2000 (IA s 10B)s 3 commenced 1 July 2000 (s 2 (1))Legislation (Consequential Amendments) Act 2001 A2001-44 pt 154notified 26 July 2001 (Gaz 2001 No 30)s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 154 commenced 12 September 2001 (s 2 and see Gaz 2001No S65)First Home Owner Grant Amendment Act 2001 A2001-46notified 12 July 2001 (Gaz 2001 No 28)commenced 12 July 2001 (s 2)Legislation Amendment Act 2002 A2002-11 pt 2.21notified LR 27 May 2002s 1, s 2 commenced 27 May 2002 (LA s 75)pt 2.21 commenced 28 May 2002 (s 2 (1))First Home Owner Grant Amendment Act 2002 A2002-13notified LR 23 May 2002s 1, s 2 commenced 23 May 2002 (LA s 75)remainder commenced 24 May 2002 (s 2)Revenue Legislation Amendment Act 2002 (No 2) A2002-48 pt 2notified LR 20 December 2002s 1, s 2 commenced 20 December 2002 (LA s 75 (1))pt 2 commenced 21 December 2002 (s 2 (2))Endnotes3 Legislation historypage 48 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auLegislation (Gay, Lesbian and Transgender) Amendment Act 2003A2003-14 sch 1 pt 1.16notified LR 27 March 2003s 1, s 2 commenced 27 March 2003 (LA s 75)sch 1 pt 1.16 commenced 28 March 2003 (s 2)Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.11notified LR 11 September 2003s 1, s 2 commenced 11 September 2003 (LA s 75 (1))sch 3 pt 3.11 commenced 9 October 2003 (s 2 (1))Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.10notified LR 5 December 2003s 1, s 2 commenced 5 December 2003 (LA s 75 (1))sch 3 pt 3.10 commenced 19 December 2003 (s 2)First Home Owner Grant Amendment Act 2003 A2003-60notified LR 18 December 2003s 1, s 2 commenced 18 December 2003 (LA s 75 (1))s 3, s 4 commenced 19 December 2003 (s 2 (1))remainder commenced 1 January 2004 (s 2 (2))Criminal Code (Theft, Fraud, Bribery and Related Offences)Amendment Act 2004 A2004-15 sch 2 pt 2.36notified LR 26 March 2004s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 2 pt 2.36 commenced 9 April 2004 (s 2 (1))Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.20notified LR 27 October 2005s 1, s 2 commenced 27 October 2005 (LA s 75 (1))sch 1 pt 1.20 commenced 24 November 2005 (s 2)Civil Unions Act 2006 A2006-22 sch 1 pt 1.15notified LR 19 May 2006s 1, s 2 commenced 19 May 2006 (LA s 75 (1))sch 1 pt 1.15 never commenced NoteAct repealed by disallowance 14 June 2006 (see Cwlth Gaz2006 No S93) EndnotesLegislation history 3R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 49Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auStatute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.18notified LR 6 December 2007s 1, s 2 commenced 6 December 2007 (LA s 75 (1))sch 3 pt 3.18 commenced 27 December 2007 (s 2)Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.13notified LR 15 May 2008s 1, s 2 commenced 15 May 2008 (LA s 75 (1))sch 1 pt 1.13 commenced 19 May 2008 (s 2 and CN2008-8)ACT Civil and Administrative Tribunal Legislation AmendmentAct 2008 (No 2) A2008-37 sch 1 pt 1.42notified LR 4 September 2008s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.42 commenced 2 February 2009 (s 2 (1) and see ACT Civiland Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Revenue Legislation Amendment Act 2009 A2009-4 pt 3notified LR 4 March 2009s 1, s 2 commenced 4 March 2009 (LA s 75 (1))pt 3 commenced 5 March 2009 (s 2)First Home Owner Grant Amendment Act 2009 A2009-10notified LR 7 April 2009s 1, s 2 commenced 7 April 2009 (LA s 75 (1))remainder commenced 8 April 2009 (s 2)as modified byFirst Home Owner Grant Regulation 2008 SL2008-4 (as am bySL2009-33 s 4)notified LR 11 March 2008s 1, s 2 commenced 11 March 2008 (LA s 75 (1))remainder commenced 12 March 2008 (LA s 73 (3) but see CN2008-2)First Home Owner Grant Amendment Regulation 2009 (No 2)SL2009-33 s 4notified LR 29 June 2009s 1, s 2 commenced 29 June 2009 (LA s 75 (1))s 4 commenced 1 July 2009 (s 2) NoteThis regulation only amends the First Home Owner GrantRegulation 2008 SL2008-4. Endnotes3 Legislation historypage 50 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auas amended byStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.33notified LR 1 September 2009s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.33 commenced 22 September 2009 (s 2)First Home Owner Grant Amendment Act 2009 (No 2) A2009-29notified LR 23 September 2009s 1, s 2 commenced 23 September 2009 (LA s 75 (1))remainder commenced 24 September 2009 (s 2)Revenue Legislation Amendment Act 2010 A2010-1 pt 2notified LR 16 February 2010s 1, s 2 commenced 16 February 2010 (LA s 75 (1))pt 2 commenced 17 February 2010 (s 2)First Home Owner Grant Amendment Act 2010 A2010-46notified LR 24 November 2010s 1, s 2 commenced 24 November 2010 (LA s 75 (1))remainder commenced 25 November 2010 (s 2)Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.21notified LR 22 May 2012s 1, s 2 commenced 22 May 2012 (LA s 75 (1))sch 3 pt 3.21 commenced 5 June 2012 (s 2 (1))Civil Unions Act 2012 A2012-40 sch 3 pt 3.15notified LR 4 September 2012s 1, s 2 commenced 4 September 2012 (LA s 75 (1))sch 3 pt 3.15 commenced 11 September 2012 (s 2)First Home Owner Grant Amendment Act 2013 A2013-34notified LR 26 August 2013s 1, s 2 commenced 26 August 2013 (LA s 75 (1))remainder commenced 1 September 2013 (s 2)Planning and Development (University of Canberra and OtherLeases) Legislation Amendment Act 2015 A2015-19 pt 9notified LR 11 June 2015s 1, s 2 commenced 11 June 2015 (LA s 75 (1))pt 9 commenced 1 July 2015 (s 2 and CN2015-9)EndnotesLegislation history 3R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 51Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auFirst Home Owner Grant Amendment Act 2015 A2015-27notified LR 20 August 2015s 1, s 2 commenced 20 August 2015 (LA s 75 (1))remainder commenced 1 January 2016 (s 2)Revenue Legislation Amendment Act 2015 A2015-49 pt 3notified LR 24 November 2015s 1, s 2 commenced 24 November 2015 (LA s 75 (1))pt 3 commenced 25 November 2015 (s 2)Public Sector Management Amendment Act 2016 A2016-52 sch 1pt 1.27notified LR 25 August 2016s 1, s 2 commenced 25 August 2016 (LA s 75 (1))sch 1 pt 1.27 commenced 1 September 2016 (s 2)Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.17notified LR 9 June 2021s 1, s 2 commenced 9 June 2021 (LA s 75 (1))sch 3 pt 3.17 commenced 23 June 2021 (s 2 (1))Endnotes4 Amendment historypage 52 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au4 Amendment historyDictionarys 2 orig s 2 om R1 LRAins A2003-41 amdt 3.218am A2003-56 amdt 3.140Notes s 3sub A2003-41 amdt 3.218Offences against Act—application of Criminal Code etcs 3Ains A2005-54 amdt 1.133Ownership of land and homess 5am A2003-41 amdts 3.219–3.221; A2015-19 s 50, s 51; parsrenum R30 LAPartner of applicants 6am A2003-14 amdt 1.58, amdt 1.59; A2006-22 amdt 1.65 (A2006-22 rep before commenced by disallowance (seeCwlth Gaz 2006 No S93)); A2008-14 amdt 1.36; A2012-40amdt 3.55Entitlement to grant s 7am A2010-46 s 4Eligibility criteria for applicantsdiv 2.2 hdgsub A2003-41 amdt 3.222Criterion 3—Applicant (or applicant’s partner) must not have received anearlier grants 10am A2010-46 s 5Criterion 1A—Applicant to be at least 18 years olds 8Ains A2003-60 s 4 (3)-(5) exp 19 December 2004 (s 8A (5))Criterion 4—Applicant (or applicant’s partner) must not have had relevantinterest in residential property s 11am A2002-48 s 4; A2003-41 amdt 2.223; A2003-60 ss 5-7Criterion 5—Residence requirementss 12sub A2003-60 s 8am A2010-1 s 4; A2013-34 s 4Criterion 6—Applicant must not have been convicted of offence against Acts 12Ains A2010-46 s 6Meaning of new home—div 2.3s 12Bins A2013-34 s 5 am A2015-49 s 15EndnotesAmendment history 4R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 53Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auMeaning of eligible transaction etc s 13 hdgs 13sub A2003-41 amdt 2.224am A2003-41 amdts 2.225–2.229; A2013-34 s 6, s 7;A2015-49 ss 16-18First home owner grant caps 13Ains A2001-46 s 4sub A2002-13 s 4 am A2003-41 amdt 2.230, amdt 2.231exp 1 July 2004 (s 13A (12))ins A2010-46 s 7Meaning of total value of eligible transaction etc s 13Bins A2010-46 s 7Application for grants 14am A2001-44 amdts 1.1727-1.1729renum R2 LA (see A2001-44 amdt 1.1730) am A2003-41 amdt 3.232; A2012-21 amdt 3.80;A2021-12 amdt 3.37Amount of grants 18 am A2001-46 s 5, s 6; A2002-13 s 5, s 6; A2009-10 s 4(2)-(4) exp 1 July 2013 (s 18 (4) (LA s 88 declaration applies))am A2013-34 s 8; A2015-27 s 4, s 5Amount of grant for special eligible transactionss 18A ins A2002-13 s 7exp 1 July 2004 (s 18A (6))Payment in anticipation of compliance with residence requirements or firsthome owner grant cap s 20 hdgs 20sub A2003-60 s 9; A2010-46 s 8am A2003-60 s 10; A2005-54 amdt 1.134; A2010-46 s 9, s 10;ss renum R25 LAConditions generallys 21Death of applicants 22am A2005-54 amdt 1.135; A2009-10 s 5am A2003-60 s 11Notification of decisions 24am A2015-49 s 19Amount of grant—certain eligible transactionsdiv 2.5A hdgins A2009-10 s 6exp 1 July 2013 (s 24H (LA s 88 declaration applies)) Endnotes4 Amendment historypage 54 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auDefinitions—div 2.5As 24A orig s 24Ains A2009-4 s 6renum as s24Ipres s 24Ains A2009-10 s 6exp 1 July 2013 (s 24H (LA s 88 declaration applies))def comprehensive home building contract ins A2009-10s 6exp 1 July 2013 (s 24H (LA s 88 declaration applies))def contract for an ‘off-the-plan’ purchase ins A2009-10 s 6exp 1 July 2013 (s 24H (LA s 88 declaration applies))def contract for the purchase of a home ins A2009-10 s 6exp 1 July 2013 (s 24H (LA s 88 declaration applies))def GST Act ins A2009-10 s 6exp 1 July 2013 (s 24H (LA s 88 declaration applies))def new home ins A2009-10 s 6exp 1 July 2013 (s 24H (LA s 88 declaration applies))def owner-builder ins A2009-10 s 6exp 1 July 2013 (s 24H (LA s 88 declaration applies))Amount of grant—certain eligible transactionss 24B ins A2009-10 s 6am A2009-29 s 4exp 1 July 2013 (s 24H (LA s 88 declaration applies))First home owner boost for new homess 24C ins A2009-10 s 6mod SL2008-4 s 3B (as am by SL2009-33 s 4)mod lapsed 24 September 2009 when s 3B SL2009-29 om byA2009-29 s 9am A2009-29 ss 5-7exp 1 July 2013 (s 24H (LA s 88 declaration applies))First home owner boost for established homess 24D ins A2009-10 s 6am A2009-29 s 8exp 1 July 2013 (s 24H (LA s 88 declaration applies))Validating payment of grants for certain eligible transactions s 24Eins A2009-10 s 6exp 1 July 2013 (s 24H (LA s 88 declaration applies))Transitional regulationss 24Fins A2009-10 s 6 exp 1 July 2013 (s 24H)Transitional effect—Legislation Act, s 88s 24G ins A2009-10 s 6exp 1 July 2013 (s 24H (LA s 88 declaration applies))EndnotesAmendment history 4R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 55Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auExpiry—div 2.5A etc s 24Hins A2009-10 s 6exp 1 July 2013 (s 24H (LA s 88 declaration applies))Meaning of objector—div 2.6s 24I(prev s 24A) ins A2009-4 s 6 renum as s 24I R20 LAObjections s 25am A2001-44 amdts 1.1731-1.1734; A2003-41 amdt 3.233;A2008-37 amdt 1.177; A2009-4 ss 7-9; ss renum R19 LA Grounds for objection s 26am A2009-4 s 10Time for making objections 27am A2009-4 s 10Objections made out of times 28am A2001-44 amdt 1.1735, amdt 1.1736; A2009-4 s 10;A2021-12 amdt 3.37Reviewable decision noticess 30am A2001-44 amdt 1.1737, amdt 1.1738 sub A2008-37 amdt 1.178Applications for review s 31sub A2008-37 amdt 1.178am A2009-4 s 10; A2010-1 s 5Giving effect to decision on reviews 32sub A2008-37 amdt 1.178Administration agreementss 36am A2003-41 amdt 3.234; A2005-54 amdt 1.136, amdt 1.137Power to require valuations 38Ains A2010-46 s 11 Power to require information, records or other documents or attendance forexamination s 39am A2003-41 amdt 3.235; A2005-54 amdt 1.138; A2012-21amdt 3.81 Search warrant s 41am A2003-41 amdt 3.236Privileges against self-incrimination and exposure to civil penaltys 43am A2002-11 amdt 2.42sub A2005-54 amdt 1.139Legal professional privileges 44om A2002-11 amdt 2.43 Endnotes4 Amendment historypage 56 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auFailing to comply with requirement of authorised officer s 45 hdgs 45sub A2004-15 amdt 2.81am A2004-15 amdt 2.82; ss renum A2004-15 amdt 2.83;A2005-54 amdt 1.140, amdt 1.141Repayment and recovery of grantpt 4 hdgDefinitions—pt 4s 46sub A2009-4 s 11om A2004-15 amdt 2.84ins A2009-4 s 11 def recoverable amount ins A2009-4 s 11def recovery notice ins A2009-4 s 11Meaning of third-party debtor s 46Ains A2009-4 s 11Interest in relation to repaymentss 48am A2009-4 s 12, s 13; pars renum R19 LAPower to recover amount paid in error etcs 49am A2009-4 s 14, s 15Power to recover amounts from third-party debtorss 49Ains A2009-4 s 16Payment of recoverable amounts by third-party debtorss 49Bins A2009-4 s 16Payment of recoverable amounts by otherss 49Cins A2009-4 s 16Offence—third-party debtors to comply with noticess 49Dins A2009-4 s 16Third-party debtors indemnifieds 49EMiscellaneouspt 5 hdgins A2009-4 s 16ins A2003-60 s 12exp 1 January 2005 (s 57 (3)) ins A2009-4 s 16Secrecys 50 am A2003-41 amdt 3.237sub A2005-54 amdt 1.142am A2007-39 amdt 3.71; A2009-4 s 17Protection of officers etc s 52am A2003-41 amdt 3.238; A2016-52 amdt 1.85Determination of feess 54am A2001-44 amdt 1.1739, amdt 1.1740; A2007-39 amdt 3.72 EndnotesAmendment history 4R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 57Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auApproved formss 55 prev s 55 renum as s 56ins A2001-44 amdt 1.1744am A2003-41 amdt 3.239; A2007-39 amdt 3.72om A2021-12 amdt 3.38Regulation-making powers 56 orig s 56 ins A2001-46 s 7exp 1 August 2000 (s 56 (2))(prev s 55) am A2001-44 amdt 1.1741, amdt 1.1742renum A2001-44 amdt 1.1743am A2007-39 amdt 3.73Amendments by First Home Owner Grant Amendment Act 2003—continuingoperation of Act for certain eligible transactionss 57 ins A2002-13 s 8exp 24 June 2002 (s 57 (2))ins A2003-60 s 12exp 1 January 2005 (s 57 (3))Transitional—First Home Owner Grant Amendment Act 2013 pt 10 hdgins A2013-34 s 10exp 1 September 2015 (s 104)Definitions—pt 10s 100ins A2013-34 s 10 exp 1 September 2015 (s 104)def commencement day ins A2013-34 s 10exp 1 September 2015 (s 104)def comprehensive home building contract ins A2013-34s 10exp 1 September 2015 (s 104)def contract for the purchase of a home ins A2013-34 s 10exp 1 September 2015 (s 104)def owner-builder ins A2013-34 s 10exp 1 September 2015 (s 104)Pre-1 September 2013 transactionss 101 ins A2013-34 s 10exp 1 September 2015 (s 104)Replacement of pre-1 September 2013 contracts s 102ins A2013-34 s 10exp 1 September 2015 (s 104)Transitional regulationss 103ins A2013-34 s 10 exp 1 September 2015 (s 104)Endnotes4 Amendment historypage 58 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auExpiry—pt 10s 104 ins A2013-34 s 10exp 1 September 2015 (s 104)Dictionarydict am A2003-41 amdt 3.240, amdt 3.241; A2006-22 amdt 1.66(A2006-22 rep before commenced by disallowance (seeCwlth Gaz 2006 No S93)); A2008-14 amdt 1.37; A2008-37amdt 1.179; A2012-21 amdt 3.82; A2012-40 amdt 3.56;A2016-52 amdt 1.86def Australian citizen sub A2003-41 amdt 3.242; A2009-20amdt 3.80om A2012-21 amdt 3.83def commencement date am A2003-41 amdt 3.243def commissioner am A2003-41 amdt 3.244def completed am A2003-41 amdt 3.245def comprehensive home building contract om A2003-41amdt 3.246ins A2009-10 s 7exp 1 July 2013 (s 24H)def consideration am A2003-41 amdt 3.247def contract for an ‘off-the-plan’ purchase ins A2009-10 s 7exp 1 July 2013 (s 24H)def contract for the purchase of a home om A2003-41amdt 3.248ins A2009-10 s 7exp 1 July 2013 (s 24H)def corresponding law am A2003-41 amdt 3.249def determined fee om A2001-44 amdt 1.1745def first home owner grant cap ins A2010-46 s 12def function om A2003-41 amdt 3.250def grant recipient ins A2009-4 s 18def GST Act ins A2009-10 s 7exp 1 July 2013 (s 24H)def home built to replace demolished premises insA2009-10 s 7exp 1 July 2013 (s 24H)def home owner sub A2003-41 amdt 3.251def identity card am A2003-41 amdt 3.252sub A2003-56 amdt 3.141def new home ins A2009-10 s 7exp 1 July 2013 (s 24H)ins A2013-34 s 11def objector ins A2009-4 s 18def option om A2003-41 amdt 3.253def owner am A2003-41 amdt 3.254EndnotesAmendment history 4R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 59Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.audef owner-builder om A2003-41 amdt 3.255ins A2009-10 s 7exp 1 July 2013 (s 24H)def partner sub A2003-41 amdt 3.256def permanent resident sub A2000-78 s 3def recoverable amount ins A2009-4 s 18def recovery notice ins A2009-4 s 18def residence requirement om A2003-60 s 13def residence requirements ins A2003-60 s 13am A2013-34 s 12def residential property om A2003-41 amdt 3.257def substantially renovated home ins A2009-10 s 7exp 1 July 2013 (s 24H)def taxation law om A2003-41 amdt 3.258def third-party debtor ins A2009-4 s 18def total value ins A2010-46 s 12def tribunal om A2003-41 amdt 3.259Endnotes5 Earlier republicationspage 60 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au5 Earlier republicationsSome earlier republications were not numbered. The number in column 1 refers tothe publication order.Since 12 September 2001 every authorised republication has been published inelectronic pdf format on the ACT legislation register. A selection of authorisedrepublications have also been published in printed format. These republications aremarked with an asterisk (*) in column 1. Electronic and printed versions of anauthorised republication are identical. RepublicationNo and dateEffectiveLastamendmentmade byRepublicationforR11 Aug 20001 July 2000–20 Dec 2000not amendednew ActR1 (RI)18 July 20071 July 2000–20 Dec 2000A2000-78reissue of printedversion andincludesretrospectiveamendments byA2000-78R1A18 July 200721 Dec 2000–11 July 2001A2000-78amendments byA2000-78R212 Sept 200112 Sept 2001–23 May 2002A2001-46amendments byA2001-44 andA2001-46R324 May 200224 May 2002–27 May 2002A2002-13amendments byA2002-13R428 May 200228 May 2002–24 June 2002A2002-13amendments byA2002-11R525 June 200225 June 2002–20 Dec 2002A2002-13commenced expiryR621 Dec 200221 Dec 2002–27 Mar 2003A2002-48amendments byA2002-48R728 Mar 200328 Mar 2003–8 Oct 2003A2003-14amendments byA2003-14R8*9 Oct 20039 Oct 2003–18 Dec 2003A2003-41amendments byA2003-41 EndnotesEarlier republications 5R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 61Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au RepublicationNo and dateEffectiveLastamendmentmade byRepublicationforR919 Dec 200319 Dec 2003–31 Dec 2003A2003-60amendments byA2003-56 andA2003-60R1024 Dec 20031 Jan 2004–8 Apr 2004A2003-60amendments byA2003-60R119 Apr 20049 Apr 2004–1 July 2004A2004-15amendments byA2004-15R122 July 20042 July 2004–19 Dec 2004A2004-15commenced expiryR1320 Dec 200420 Dec 2004–1 Jan 2005A2004-15commenced expiryR142 Jan 20052 Jan 2005–23 Nov 2005A2004-15commenced expiryR1524 Nov 200524 Nov 2005–26 Dec 2007A2005-54amendments byA2005-54R1627 Dec 200727 Dec 2007–18 May 2008A2007-39amendments byA2007-39R1719 May 200819 May 2008–1 Feb 2009A2008-14amendments byA2008-14R182 Feb 20092 Feb 2009–4 Mar 2009A2008-37amendments byA2008-37R195 Mar 20095 Mar 2009–7 Apr 2009A2009-4amendments byA2009-4R208 Apr 20098 Apr 2009–30 June 2009A2009-10amendments byA2009-10R211 July 20091 July 2009–21 Sept 2009SL2009-33modifications bySL2008-4 asamended bySL2009-33R2222 Sept 200922 Sept 2009–23 Sept 2009A2009-20amendments byA2009-20R23*24 Sept 200924 Sept 2009–16 Feb 2010A2009-29amendments byA2009-29 Endnotes5 Earlier republicationspage 62 First Home Owner Grant Act 2000Effective: 23/06/21R3523/06/21Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au RepublicationNo and dateEffectiveLastamendmentmade byRepublicationforR2417 Feb 201017 Feb 2010–24 Nov 2010A2010-1amendments byA2010-1R2525 Nov 201025 Nov 2010–4 June 2012A2010-46amendments byA2010-46R265 June 20125 June 2012–10 Sept 2012A2012-21amendments byA2012-21R2711 Sept 201211 Sept 2012–1 July 2013A2012-40amendments byA2012-40R282 July 20132 July 2013–31 Aug 2013A2012-40expiry of provisions(s 18 (2)-(4), div2.5A and certaindefinitions in dict)R291 Sept 20131 Sept 2013–30 June 2015A2013-34amendments byA2013-34R301 July 20151 July 2015–1 Sept 2015A2015-19amendments byA2015-19R312 Sept 20152 Sept 2015–24 Nov 2015A2015-19expiry oftransitionalprovisions (pt 10)R3225 Nov 201525 Nov 2015–31 Dec 2015A2015-49amendments byA2015-49R331 Jan 20161 Jan 2016–31 Aug 2016A2015-49amendments byA2015-27R341 Sept 20161 Sept 2016–22 June 2021A2016-52amendments byA2016-52 EndnotesExpired transitional or validating provisions 6R3523/06/21First Home Owner Grant Act 2000Effective: 23/06/21page 63Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au6 Expired transitional or validating provisionsThis Act may be affected by transitional or validating provisions that have expired.The expiry does not affect any continuing operation of the provisions (seeLegislation Act 2001, s 88 (1)).Expired provisions are removed from the republished law when the expiry takeseffect and are listed in the amendment history using the abbreviation ‘exp’ followedby the date of the expiry.To find the expired provisions see the version of this Act before the expiry tookeffect. The ACT legislation register has point-in-time versions of this Act.© Australian Capital Territory 2021

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