HOMES SAVINGS GRANTS ACT 1976 No. 183 of 1976 - SECT 15 Eligible persons.

HOMES SAVINGS GRANTS ACT 1976 No. 183 of 1976 - SECT 15

PART III-GRANTS OF ASSISTANCE

Division 1-Eligibility for, and Making of, Grants
15. (1) Where, on or after 1 January 1977, a person (in this sub- section
referred to as the ''home acquirer'') has, or 2 or more persons (in this
sub-section referred to as the ''home acquirers'') together have-

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

   (b)  entered into a contract for the construction by a building- contractor
        of a dwelling-house on land situated in Australia, being land that is,
        or 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-house the construction of which was commenced before 1
January 1977; or

   (c)  commenced the construction, otherwise than through a
        building-contractor, of a dwelling-house on land situated in
        Australia, being land that is, or 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
               (5), the home acquirer or each of the home acquirers, as the
               case may be, 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-house.

(2) Where-

   (a)  a person is a prescribed person in relation to a dwelling-house;

   (b)  on the date that, under sub-section (7), is the relevant date, the
        prescribed person-

        (i)    has attained the age of 18 years; or

        (ii)   is married or engaged to be married;

   (c)  on that date, the prescribed person-

        (i)    is an Australian citizen; or

        (ii)   is a person resident in Australia whose continued presence in
               Australia is not subject to any limitation as to time imposed
               by law;

   (d)  subject to sub-section (4), a grant under the Homes Savings Grant Act
        1964 has not been made to the prescribed person, either alone or
        jointly with another person; and

   (e)  subject to sub-section (4), a grant under this Act has not been made
        to the prescribed person, either alone or jointly with another person
        or other persons, the prescribed person is, for the purposes of this
        Act, an eligible person in relation to the dwelling-house.

(3) Where-

   (a)  on the date on which a person entered into a contract or commenced
        construction of a dwelling-house 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.

(4) For the purposes of paragraphs (2) (d) and (e), a grant under the Homes
Savings Grant Act 1964 or under this Act shall be deemed not to have been made
to a person, or to persons jointly if, in pursuance of the Homes Savings Grant
Act 1964 or of this Act, as the case may be, the grant has been repaid to the
Commonwealth or the Commonwealth has recovered the grant.

(5) Where the Secretary is satisfied that a person who, either alone or
together with another person or other persons, has entered into a contract for
the purchase or construction of a dwelling-house as mentioned in paragraph (1)
(a) or (b) does not intend to reside in the dwelling-house within a reasonable
time after the relevant date, the Secretary may, in his discretion, direct
that the person is not a prescribed person in relation to the dwelling-house
for the purposes of this Act.

(6) For the purposes of this section-

   (a)  the date of a contract referred to in paragraph (1) (a) is-

        (i)    if the contract was in writing-the date of the making of the
               contract; or

        (ii)   if the contract was not in writing-such date as the Secretary
               determines; and

   (b)  the date of a contract referred to in paragraph (1) (b) is-

        (i)    if the contract was in writing-the date of the making of the
               contract or the date on which the construction of the
               dwelling-house commenced, whichever is the earlier; or

        (ii)   if the contract was not in writing-such date as the Secretary
               determines.
(7) In this section, ''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-house by that person or
        by another person as mentioned in paragraph (1) (c)-the date on which
        the construction commenced.