Commonwealth Numbered Acts

Home Deposit Assistance Act 1982 No. 40 of 1982 - SECT 15

15. (1) Where, on or after 18 March 1982, a person (in this section referred
to as the ''home acquirer'') has, or 2 or more persons (in this section
referred to as the ''home acquirers'') together have-

   (a)  entered into a contract for the purchase of a dwelling situated in
        Australia;

   (b)  entered into a contract for the construction by a building-contractor
        of a dwelling on land situated in Australia, being a dwelling that the
        Secretary is satisfied will be owned-

        (i)    by the home acquirer or by any of the home acquirers, as the
               case may be;

        (ii)   by a person who, on the date of the contract, was the spouse of
               the home acquirer or of any of the home acquirers, as the case
               may be; or

        (iii)  jointly by 2 or more persons, each of whom is a person to whom
               sub-paragraph (i) or (ii) applies,

other than a dwelling the construction of which was commenced before 18 March
1982; or

   (c)  commenced the construction, otherwise than through a
        building-contractor, of a dwelling on land situated in Australia,
        being a dwelling that the Secretary is satisfied will be owned-

        (i)    by the home acquirer or by any of the home acquirers, as the
               case may be;

        (ii)   by a person who, on the date on which the construction
               commenced, was the spouse of the home acquirer or of any of the
               home acquirers, as the case may be; or

        (iii)  jointly by 2 or more persons, each of whom is a person to whom
               sub-paragraph (i) or (ii) applies,
then, subject to sub-section (2) and section 5, the home acquirer or each of
the home acquirers, as the case may be, is, and any person who, on the date of
the contract, or the date on which construction commenced, as the case may be,
was the spouse of the home acquirer or of any of the home acquirers, as the
case may be, is, for the purposes of this Act, a prescribed person in relation
to the dwelling.

(2) Sub-section (1) does not apply to a person unless, on the relevant date,
the person-

   (a)  has attained the age of 16 years; or

   (b)  is married or engaged to be married.

(3) Where-

   (a)  a person is a prescribed person in relation to a dwelling; and

   (b)  subject to sub-section (5), a grant under a prescribed Act or under
        this Act has not been made to the prescribed person, either alone or
        jointly with another person,
the prescribed person is, for the purposes of section 16, a person to whom
this sub-section applies.

(4) Where-

   (a)  on the date on which a person entered into a contract or commenced
        construction of a dwelling as mentioned in sub-section (1), the person
        was engaged to be married to another person; and

   (b)  the Secretary is satisfied that the other person has consented to
        being treated as the spouse of the first-mentioned person for the
        purposes of this section,
a reference in this section to a person who, on the date of the contract or on
the date on which construction commenced, as the case may be, was the spouse
of the first-mentioned person shall be read as including a reference to that
other person.

(5) For the purposes of paragraph (3) (b), a grant under a prescribed Act or
under this Act shall be deemed not to have been made to a person, or to
persons jointly, if, in pursuance of that Act or of this Act, as the case may
be, the grant has been repaid to the Commonwealth or the Commonwealth has
recovered the grant.

(6) For the purposes of this section, the date of a contract is such date as
is determined by the Secretary, being a date-

   (a)  where paragraph (1) (a) applies-not earlier than the earliest date on
        which the home acquirer or home acquirers entered into contractual
        relations with the owner of the dwelling in respect of the purchase of
        the dwelling; or

   (b)  where paragraph (1) (b) applies-not earlier than-

        (i)    the earliest date on which the home acquirer or home acquirers
               entered into contractual relations with the building-contractor
               in respect of the construction of the dwelling; or

        (ii)   the date on which the construction of the dwelling commenced,

whichever is the sooner.

(7) In this section-

         ''prescribed Act'' means the Homes Savings Grant Act 1964 or the
Homes Savings Grant Act 1976;

         ''relevant date'' means-


   (a)  in relation to a person who is a prescribed person by reason of the
        entering into by that person or by another person of a contract of the
        kind mentioned in paragraph (1) (a) or (b)-the date of the contract;
        and

   (b)  in relation to a person who is a prescribed person by reason of the
        commencement of the construction of a dwelling by that person or by
        another person as mentioned in paragraph (1) (c)-the date on which the
        construction commenced.