Australian Capital Territory Consolidated Acts

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FIRST HOME OWNER GRANT ACT 2000 - SECT 49

Power to recover amount paid in error etc

    (1)     This section applies to the following amounts (each of which is a recoverable amount ):

        (a)     an amount that an applicant (or former applicant) for a first home owner grant is required to repay under the conditions of the grant or by requirement of the commissioner under this Act;

        (b)     the amount of a penalty imposed on an applicant (or former applicant) for a first home owner grant;

        (c)     an amount a third party is required to repay by requirement of the 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) a recoverable amount is joint and several if the requirement attaches to 2 or more persons.

    (3)     If an applicant who is liable to pay a recoverable amount has an interest 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 the Territory.

    (5)     The commissioner may enter into an arrangement (which may include provision for the payment of interest) for payment of a liability outstanding under this section by instalments.

    (6)     The commissioner may remit or refund all or part of an amount of interest paid or payable by a person.

    (7)     The commissioner may write off the whole or part of a liability to pay a recoverable amount if satisfied that action, or further action, to recover the amount outstanding is impracticable or unwarranted.



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