Commonwealth Numbered Acts

First Home Owners Act 1983 No. 46 of 1983 - SECT 4

PART II - INTERPRETATION

4. (1) In this Act, unless the contrary intention appears-

''amount of the prescribed earnings'', in relation to a sole applicant or
joint applicants, means the amount of the prescribed earnings of the applicant
or applicants as defined in section 19;

''applicant'' means a person who, in accordance with sub-section 15 (2),
signs, or is deemed by virtue of a direction under sub-section 15 (3) to have
signed, an application, other than a person in respect of whom a direction
under section 5 is in force in relation to that application;

''application'' means an application under section 15;

''approved interest'' means-

   (a)  an estate in fee simple;

   (b)  an interest as purchaser of an estate in fee simple from the Crown in
        right of a State or of the Northern Territory where payment of the
        purchase price is to be made by instalments over a period of years;

   (c)  an estate for life approved by the Secretary for the purposes of this
        Act;

   (d)  a lease for a term of years if the Secretary is satisfied that the
        lease gives reasonable security of tenure to the lessee for a
        substantial period;

   (e)  a licence or right of occupancy from the Crown in right of the
        Commonwealth, of a State or of the Northern Territory if the Secretary
        is satisfied that the licence or right of occupancy gives reasonable
        security of tenure to the licensee or holder of the right;

   (f)  an interest of the kind referred to in section 11; or

   (g)  any other interest declared by the regulations to be an approved
        interest for the purposes of this Act;

''assistance'' means financial assistance under this Act;

''joint applicant'' means any one of 2 or more persons who are applicants in
respect of the same application;

''lease'' includes sub-lease;

''officer'' means a person exercising powers, or performing duties or
functions, under or in relation to this Act;

''prescribed date'', in relation to a sole applicant who has, or joint
applicants one of whom has, or 2 or more of whom together have, entered into a
contract of a kind referred to in paragraph 14 (1) (a) or (b), or commenced
the construction of a dwelling as referred to in paragraph 14 (1) (c) (whether
or not the construction has been completed), means the date that is the date
of the contract for the purposes of section 14 or the date on which the
construction commenced, as the case may be;

''prescribed person'', in relation to a dwelling, means a person who is a
prescribed person in relation to that dwelling by virtue of sub-section 14
(1), other than a person in respect of whom a direction under section 5 is in
force in relation to that dwelling;

''rural property'' means-

   (a)  land used wholly or substantially for carrying on the business of
        primary production; or

   (b)  land that the Secretary is satisfied should, having regard to its
        extent, location, use or zoning, be regarded as a rural property for
        the purposes of this Act;

''Secretary'' means the Permanent Head of the Department;

''sole applicant'' means an applicant other than a joint applicant.

(2) A dwelling shall not be taken to be a dwelling for the purposes of this
Act unless the Secretary is satisfied that-

   (a)  the facilities it provides are such that it is reasonable to regard it
        as the principal place of residence of a person or persons; and

   (b)  if any building standards are applicable to it-it complies with those
        standards.