Commonwealth Numbered Acts

Home Deposit Assistance Act 1982 No. 40 of 1982 - SECT 58

58. (1) This section applies where a grant has been paid in respect of a
dwelling whose purchase or construction had not been completed on the date on
which the application for the grant was made.

(2) Where-

   (a)  in the case of a dwelling the purchase of which had not been completed
        on the date on which the application for the grant was made-

        (i)    the purchase of the dwelling is not completed within 3 months
               after the date specified in the application as the date on
               which it was expected that the purchase would be completed or,
               if no date was so specified, within 3 months after the date of
               payment of the grant; or

        (ii)   the contract for the purchase of the dwelling is discharged
               otherwise than by performance of the contract; or

   (b)  in the case of a dwelling the construction of which had not been
        completed on the date on which the application for the grant was made-

        (i)    the construction of the dwelling is not completed within 6
               months after the date specified in the application as the date
               on which it was expected that the construction would be
               completed or, if no date was so specified, within 6 months
               after the date of payment of the grant;

        (ii)   if the dwelling was being, or was to be, constructed by a
               building-contractor-the contract for the construction of the
               dwelling is discharged otherwise than by performance of the
               contract; or

        (iii)  before the expiration of 12 months after the prescribed date,
               the applicant, in the case of a sole applicant, does not become
               the owner, or none of the applicants, in the case of
               joint applicants, becomes the owner, of the dwelling,
and the Secretary is not forthwith notified in writing of the fact, then the
sole applicant, or each of the joint applicants, as the case may be, is guilty
of an offence punishable, upon conviction, by a fine not exceeding $1,000 or
imprisonment for a period not exceeding 6 months, or both.

(3) Upon the occurrence of any of the circumstances referred to in paragraph
(2) (a) or (b), the Secretary may require the sole applicant or each of the
joint applicants, as the case may be, by notice in writing served by post on
the applicant, or each of the applicants, as the case may be, at the address
of the applicant last known to the Secretary, to pay to the Commonwealth an
amount equal to the amount of the grant and, in that case, the amount so
payable is recoverable by the Commonwealth in a court of competent
jurisdiction from the applicant, or jointly or severally from the applicants,
as a debt due to the Commonwealth.

(4) The reference in sub-section (3) to each joint applicant shall be read as
not including a reference to a joint applicant who died before the payment of
the grant.

(5) The Commonwealth is not, by virtue of sub-section (3), entitled to recover
from the persons referred to in that sub-section amounts that, in the
aggregate, exceed the total amount of the debt due to the Commonwealth.