Commonwealth Numbered Acts

HOMES SAVINGS GRANTS ACT 1976 No. 183 of 1976 - SECT 48

48. (1) This section applies where a grant has been paid in respect of a
dwelling-house the purchase of which had not been completed, or the
construction of which 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-house 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-house 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-house is
               discharged otherwise than by performance of the contract; or

   (b)  in the case of a dwelling-house 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-house is not completed within
               6 months after the date specified in the application for the
               grant 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-house was being, or was to be, constructed by a
               building-contractor-the contract for the construction of the
               dwelling-house 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 land on which the
               dwelling-house was being, or was to be, constructed, the
               Secretary shall forthwith be notified in writing of the fact
               and if he is not so notified then the sole applicant, or each
               of the joint applicants, as the case may be, is guilty of an
               offence and is punishable, upon conviction, by a fine not
               exceeding $500.

(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 has died.

(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.