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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
First Home Owner Grant Bill 2000
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Homes 4
5 Ownership of land and homes 4
6 Spouses 6
Part 2 First home owner grant
Division 1 Entitlement to grant
7 Entitlement to grant 7
Division 2 Eligibility criteria (applicants)
8 Criterion 1--Applicant to be a natural person 7
9 Criterion 2--Applicant to be Australian citizen or
permanent resident 7
First Home Owner Grant Bill 2000
Contents
Page
10 Criterion 3--Applicant (or applicant's spouse) must not
have received an earlier grant 8
11 Criterion 4--Applicant (or applicant's spouse) must not
have had relevant interest in residential property 8
12 Criterion 5--Residence requirement 9
Division 3 Eligible transactions
13 Eligible transactions 9
Division 4 Application for grant
14 Application for grant 11
15 All interested persons to join in application 11
16 Application on behalf of person under legal disability 12
Division 5 Decision on application
17 Chief Commissioner to decide applications 12
18 Amount of grant 12
19 Payment of grant 12
20 Payment in advance, subject to statutory conditions 13
21 Imposition of conditions by Chief Commissioner 13
22 Death of applicant 14
23 Power to correct decision 14
24 Notification of decision 15
Division 6 Objections and reviews
Subdivision 1 Objections
25 Objections 15
26 Powers of Chief Commissioner on objection 15
27 Decision not made within 90 days 16
Subdivision 2 Reviews
28 Reviews by Administrative Decisions Tribunal 16
29 Powers of Administrative Decisions Tribunal on review 17
Part 3 Administration
Division 1 Administration generally
30 Administration 18
31 Delegation 18
32 Administration agreements 18
Contents page 2
First Home Owner Grant Bill 2000
Contents
Page
33 Authorised officers 19
Division 2 Investigations
34 Authorised investigations 19
35 Carrying out of authorised investigation 19
36 Power of investigation 20
37 Access to public records without fee 20
38 Use and inspection of documents and records provided to
Chief Commissioner or authorised officer 20
39 Power of entry on premises 21
40 Functions exercisable on entry 22
41 Search warrant 22
42 Obstructing Chief Commissioner or authorised officer 23
43 Defence of reasonable compliance 24
Part 4 Miscellaneous
44 Knowingly giving false or misleading information 25
45 Power to require repayment and impose penalty 25
46 Power to recover certain amounts 25
47 Protection of confidential information 26
48 Evidence 27
49 Proceedings for offences 27
50 Standing appropriation 28
51 Personal liability 28
52 Regulations 28
53 Amendment of Stamp Duties Act 1920 No 47 28
54 Review of Act 29
Contents page 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
First Home Owner Grant Bill 2000
Act No , 2000
An Act to encourage and assist home ownership, and to offset the effect of the
Goods and Services Tax on the acquisition of a first home, by establishing a
scheme for the payment of grants to first home owners; to amend the Stamp Duties
Act 1920 to exempt such grants from financial institutions duty; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 First Home Owner Grant Bill 2000
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the First Home Owner Grant Act 2000.
2 Commencement
This Act commences on 1 July 2000.
3 Definitions
In this Act:
administration of this Act or a corresponding law includes the
execution and enforcement of this Act or the corresponding law.
administration agreement means an agreement under section 32.
Australian citizen means an Australian citizen as defined in the
Australian Citizenship Act 1948 of the Commonwealth.
authorised investigation--see section 34.
authorised officer means a person referred to in section 33 (1) or a
person appointed to be an authorised officer under section 33 (2).
building includes part of a building.
Chief Commissioner means the Chief Commissioner of State Revenue
referred to in section 60 of the Taxation Administration Act 1996.
commencement date of an eligible transaction--see section 13 (4).
completed--for completion of an eligible transaction, see section
13 (5).
comprehensive home building contract means a contract under which
a builder undertakes to build a home on land from the inception of the
building work to the point where the home is ready for occupation and
if, for any reason, the work to be carried out under such a contract is
not completed, includes any further contract under which the work is
to be completed.
consideration for an eligible transaction--see section 13 (7).
Page 2
First Home Owner Grant Bill 2000 Clause 3
Preliminary Part 1
corresponding law means an Act of another State, or a Territory,
corresponding to this Act.
eligibility criteria means the criteria for determining whether an
applicant for a first home owner grant is eligible for the grant (see
Division 2 of Part 2).
eligible transaction--see section 13 (1).
exercise a function includes perform a duty.
first home owner grant means a grant authorised under this Act.
first home owner grant scheme means the scheme for payment of first
home owner grants established under this Act.
function includes a power, authority or duty.
guardian of a person under a legal disability includes a trustee who
holds property on trust for the person under an instrument of trust or
by order or direction of a court or tribunal.
home--see section 4.
option to purchase includes a right of preemption or a right of first
refusal.
owner:
(a) in relation to a home, has the meaning given by section 5 (1),
and
(b) in relation to land, means a person who has a relevant interest
in the land.
owner builder means an owner of land who builds a home, or has a
home built, on the land without entering into a comprehensive home
building contract.
permanent resident means the holder of a permanent visa within the
meaning of section 30 of the Migration Act 1958 of the
Commonwealth.
relevant interest--see section 5 (2), (3) and (4).
residence requirement means the requirement that an applicant for a
first home owner grant must occupy the home to which the application
relates as the applicant's principal place of residence within 12 months
after the completion of the eligible transaction or a longer period
approved by the Chief Commissioner (see section 12).
residential property--land in Australia is residential property at a
particular time if there is, at that time, a building on the land lawfully
Page 3
Clause 3 First Home Owner Grant Bill 2000
Part 1 Preliminary
occupied as a place of residence or suitable for occupation as a place
of residence.
spouse--see section 6.
taxation law means a law for the assessment or imposition of a tax.
4 Homes
A home is a building (affixed to land) that:
(a) may lawfully be used as a place of residence, and
(b) is, in the Chief Commissioner's opinion, a suitable building for
use as a place of residence.
5 Ownership of land and homes
(1) A person is an owner of a home or a home owner if the person has a
relevant interest in land on which a home is built.
(2) Each of the following is, subject to subsection (3), a relevant interest
in land:
(a) an estate in fee simple in the land,
(b) a life estate in the land approved by the Chief Commissioner,
(c) a perpetual lease of the land granted by the Commonwealth or
the State,
(d) a leasehold interest in the land granted by the Commonwealth
or the State that may be converted under the terms of the lease
or by statute into an estate in fee simple,
(e) an interest as purchaser under a contract for the purchase from
the Commonwealth or the State of an estate in fee simple in the
land by instalments,
(f) a licence or right of occupancy granted by the Commonwealth
or the State in relation to the land that gives, in the Chief
Commissioner's opinion, the licensee or the holder of the right
reasonable security of tenure,
(g) an interest in a company's shares or in units in a unit trust
scheme, if the Chief Commissioner is satisfied that:
(i) the interest entitles the holder of the interest to exclusive
occupation of a specified home situated on the land and
owned by the company or trustees, and
(ii) the value of the shares is not less than the value of the
company's or trustees' interest in the home.
Page 4
First Home Owner Grant Bill 2000 Clause 5
Preliminary Part 1
(3) Subject to subsection (4):
(a) an interest is not a relevant interest at a particular time unless
the holder of the interest has, or will have within 12 months
after that time (or a longer time allowed by the Chief
Commissioner), a right to immediate occupation of the land,
and
(b) an interest is not a relevant interest in the hands of a person
who holds it subject to a trust.
(4) The Chief Commissioner may recognise an interest (a
non-conforming interest) as a relevant interest in land even though the
interest may not conform with the above provisions (and even though
the interest may not be recognised at law or in equity as an interest in
land) if there is, in the Chief Commissioner's opinion, good reason to
do so.
(5) If the Chief Commissioner recognises a non-conforming interest as a
relevant interest in land and, in consequence, a first home owner grant
is to be paid, the Chief Commissioner may impose appropriate
conditions on the payment of the grant to ensure its recovery if
suppositions about future conduct or events made by the Chief
Commissioner in recognising the interest later prove to be incorrect.
(6) If a person holds an interest in land on trust as guardian for a person
under a legal disability and that interest would be a relevant interest but
for subsection (3) (b), then for the purposes of this Act:
(a) the person under the legal disability is taken to be the person
who holds a relevant interest in the land, and
(b) the guardian is taken not to hold that interest.
(7) In this section:
unit in a unit trust scheme means:
(a) a right or interest (whether described as a unit or a sub-unit or
otherwise) of a beneficiary under the scheme, or
(b) a right to any such right or interest.
unit trust scheme means any arrangements made for the purpose, or
having the effect, of providing facilities for persons participating in the
arrangements, as beneficiaries under a trust, for occupying any property
pursuant to the trust.
Page 5
Clause 6 First Home Owner Grant Bill 2000
Part 1 Preliminary
6 Spouses
(1) A person is the spouse of another person if:
(a) they are legally married, or
(b) they are living together as a couple in a de facto relationship
within the meaning of the Property (Relationships) Act 1984.
(2) If the Chief Commissioner is satisfied that, at the time of deciding an
application for a first home owner grant, an applicant:
(a) is legally married but not cohabiting with the person to whom
the applicant is legally married, and
(b) has no intention of resuming cohabitation,
the person to whom the applicant is legally married is not to be
regarded as the applicant's spouse.
Page 6
First Home Owner Grant Bill 2000 Clause 7
First home owner grant Part 2
Entitlement to grant Division 1
Part 2 First home owner grant
Division 1 Entitlement to grant
7 Entitlement to grant
(1) A first home owner grant is payable on an application under this Act
if:
(a) the applicant or, if there are 2 or more of them, each of the
applicants complies with the eligibility criteria, and
(b) the transaction for which the grant is sought:
(i) is an eligible transaction, and
(ii) has been completed.
(2) Despite subsection (1) (a), an applicant need not comply with the
eligibility criteria to the extent the applicant is exempted from
compliance by section 9 (2) or 12 (2) or both.
(3) Despite subsection (1) (b), a first home owner grant is payable before
completion of the relevant eligible transaction, as authorised by section
20.
(4) Only one first home owner grant is payable for the same eligible
transaction.
Division 2 Eligibility criteria (applicants)
8 Criterion 1--Applicant to be a natural person
An applicant for a first home owner grant must be a natural person.
9 Criterion 2--Applicant to be Australian citizen or permanent resident
(1) Subject to subsection (2), an applicant for a first home owner grant
must be an Australian citizen or a permanent resident.
(2) If an application is made by joint applicants and at least one (but not
all) of the applicants complies with the requirement to be an Australian
citizen or a permanent resident, the non-complying applicant or
applicants are exempted from compliance with the requirement.
Page 7
Clause 10 First Home Owner Grant Bill 2000
Part 2 First home owner grant
Division 2 Eligibility criteria (applicants)
10 Criterion 3--Applicant (or applicant's spouse) must not have received
an earlier grant
(1) Subject to subsection (2), an applicant for a first home owner grant is
ineligible for the grant if:
(a) the applicant or the applicant's spouse has been a party to an
earlier application under this Act or a corresponding law, and
(b) a grant was paid on the application.
(2) An applicant is not ineligible if the grant was paid but later paid back
under the conditions on which the grant was made.
11 Criterion 4--Applicant (or applicant's spouse) must not have had
relevant interest in residential property
(1) An applicant for a first home owner grant is ineligible for the grant if
the applicant or the applicant's spouse has, before 1 July 2000, held:
(a) a relevant interest in residential property in New South Wales,
or
(b) an interest in residential property in another State or a Territory
that is a relevant interest under the corresponding law of that
State or Territory.
(2) In working out for the purposes of subsection (1) whether an applicant
held a relevant interest (within the meaning of this Act or a
corresponding law) in residential property at a particular time, any
deferment of the applicant's right of occupation (because the property
was subject to a lease) is to be disregarded.
(3) An applicant is ineligible if the applicant or the applicant's spouse has,
on or after 1 July 2000 and before the date on which the application is
made, held an interest in property (other than property to which the
application relates) used at any time on or after 1 July 2000 as the
residence of the applicant or the applicant's spouse, being:
(a) a relevant interest in residential property in New South Wales,
or
(b) an interest in residential property in another State or a Territory
that is a relevant interest under the corresponding law of that
State or Territory.
Page 8
First Home Owner Grant Bill 2000 Clause 12
First home owner grant Part 2
Eligibility criteria (applicants) Division 2
12 Criterion 5--Residence requirement
(1) An applicant for a first home owner grant must occupy the home to
which the application relates as the applicant's principal place of
residence within 12 months after completion of the eligible transaction
or a longer period approved by the Chief Commissioner.
(2) If an application is made by joint applicants and at least one (but not
all) of the applicants complies with the residence requirement, the non-
complying applicant or applicants are exempted from compliance with
the residence requirement.
Division 3 Eligible transactions
13 Eligible transactions
(1) An eligible transaction is:
(a) a contract made on or after 1 July 2000 for the purchase of a
home in New South Wales, or
(b) a comprehensive home building contract made on or after
1 July 2000 by the owner of land in New South Wales, or by a
person who will on completion of the contract be the owner of
land in New South Wales, to have a home built on the land, or
(c) the building of a home in New South Wales by an owner
builder if the building work commences on or after 1 July 2000.
(2) A contract is a contract for the purchase of a home if the contract is a
contract for the acquisition of a relevant interest in land on which a
home is or is to be built under the contract by or on behalf of the
vendor.
(3) However, a contract made on or after 1 July 2000 is not an eligible
transaction if:
(a) in the case of a contract to purchase a home--the purchaser had
an option to purchase the home granted before that date or the
vendor had an option to require the purchaser to purchase the
home granted before that date, or
(b) in the case of a comprehensive building contract--either party
had a right or option granted before that date to require the
other party to enter into the contract.
Page 9
Clause 13 First Home Owner Grant Bill 2000
Part 2 First home owner grant
Division 3 Eligible transactions
(4) The commencement date of an eligible transaction is:
(a) in the case of a contract--the date when the contract is made,
or
(b) in the case of the building of a home by an owner builder:
(i) the date when laying the foundations for the home
commences, or
(ii) another date the Chief Commissioner considers
appropriate in the circumstances of the case.
(5) An eligible transaction is completed when:
(a) in the case of a contract for the purchase of a home--the
purchaser becomes entitled to possession of the home under the
contract, or
(b) in the case of a contract to have a home built--the building is
ready for occupation as a place of residence, or
(c) in the case of the building of a home by an owner builder--the
building is ready for occupation as a place of residence.
(6) If a person purchases a moveable building and intends to use it as a
place of residence on land in which the person has a relevant interest
but on which it is not situated at the time of purchase:
(a) this Act applies as if the person were an owner builder building
a home on the land, and
(b) the commencement date of the transaction is taken to be the
date of the contract to purchase the moveable building, and
(c) the transaction is taken to be completed when the moveable
building is ready for occupation as a place of residence on land
in which the purchaser has a relevant interest.
(7) The consideration for an eligible transaction is:
(a) in the case of a contract for the purchase of a home--the
consideration for the purchase, or
(b) in the case of a comprehensive home building contract--the
total consideration payable for the building work, or
(c) in the case of the building of a home by an owner builder--the
actual costs to the owner of carrying out the work (excluding
any allowance for the owner builder's own labour).
Page 10
First Home Owner Grant Bill 2000 Clause 14
First home owner grant Part 2
Application for grant Division 4
Division 4 Application for grant
14 Application for grant
(1) An application for a first home owner grant is to be made to the Chief
Commissioner or a financial institution or other person with whom the
Chief Commissioner has made an administration agreement.
(2) An application:
(a) must be in a form approved by the Chief Commissioner, and
(b) must contain the information required by the Chief
Commissioner.
(3) An applicant must provide the Chief Commissioner with any further
information the Chief Commissioner requires to decide the application.
(4) Information provided by an applicant in or in relation to an application
must, if the Chief Commissioner so requires, be verified by statutory
declaration or supported by other evidence required by the Chief
Commissioner.
(5) An application may only be made within a period (the application
period):
(a) commencing on the commencement date of the eligible
transaction to which the application relates, and
(b) ending 12 months after the completion of the eligible
transaction to which the application relates.
(6) However, the Chief Commissioner has a discretion to allow an
application before or after the application period.
(7) An applicant may, with the Chief Commissioner's consent, amend an
application.
15 All interested persons to join in application
(1) All interested persons must be applicants.
(2) An interested person is a person who is, or will be, on completion of
the eligible transaction to which the application relates, an owner of
the relevant home except such a person who is excluded from the
application of this section under the regulations.
Page 11
Clause 16 First Home Owner Grant Bill 2000
Part 2 First home owner grant
Division 4 Application for grant
16 Application on behalf of person under legal disability
(1) An application may be made on behalf of a person under a legal
disability by a guardian.
(2) For the purpose of determining eligibility, the person under the legal
disability is to be regarded as the applicant.
Division 5 Decision on application
17 Chief Commissioner to decide applications
(1) If the Chief Commissioner is satisfied that a first home owner grant is
payable on an application, the Chief Commissioner must authorise the
payment of the grant.
(2) Payment of a first home owner grant may be authorised under section
20 before completion of the relevant eligible transaction or in
anticipation of compliance with the residence requirement.
18 Amount of grant
The amount of a first home owner grant is the lesser of the following:
(a) the consideration for the eligible transaction,
(b) $7000.
19 Payment of grant
(1) A first home owner grant is to be paid by electronic funds transfer, by
cheque or in any other way the Chief Commissioner thinks
appropriate.
(2) A first home owner grant is to be paid:
(a) to the applicant, or
(b) to some other person to whom the applicant directs in writing
that the grant be paid.
(3) If the applicant requests, the Chief Commissioner may apply the
amount of a first home owner grant, or part of the amount, towards a
liability for State taxes.
Page 12
First Home Owner Grant Bill 2000 Clause 20
First home owner grant Part 2
Decision on application Division 5
20 Payment in advance, subject to statutory conditions
(1) The Chief Commissioner may authorise payment of a first home owner
grant:
(a) before completion of the relevant eligible transaction, if the
Chief Commissioner is satisfied that it is appropriate to do so
in particular circumstances, or
(b) in anticipation of compliance with the residence requirement,
if the Chief Commissioner is satisfied that each applicant who
is required to comply, but has not yet complied, with the
residence requirement, intends to occupy the home as his or her
principal place of residence within 12 months after completion
of the eligible transaction or a longer period allowed by the
Chief Commissioner,
or both.
(2) If a first home owner grant is paid before completion of the relevant
eligible transaction, the payment is made on condition that, if the
transaction is not completed within 12 months of the commencement
of the transaction or a longer period allowed by the Chief
Commissioner, the applicant must within 14 days after the end of the
period concerned:
(a) give written notice of that fact to the Chief Commissioner, and
(b) repay the amount of the grant.
(3) If a first home owner grant is paid in anticipation of compliance with
the residence requirement, the payment is made on condition that, if
the residence requirement is not complied with, the applicant must
within 14 days after the end of the period allowed for compliance:
(a) give written notice of that fact to the Chief Commissioner, and
(b) repay the amount of the grant.
(4) A person who fails to comply with the condition prescribed by this
section is guilty of an offence.
Maximum penalty (subsection (4)): 50 penalty units.
21 Imposition of conditions by Chief Commissioner
(1) The Chief Commissioner may authorise the payment of a first home
owner grant on conditions the Chief Commissioner considers
appropriate.
Page 13
Clause 21 First Home Owner Grant Bill 2000
Part 2 First home owner grant
Division 5 Decision on application
(2) A condition imposed by the Chief Commissioner (under this section
or any other provision of this Act) may require a person on whose
application the first home owner grant is paid:
(a) to give notice of non-compliance with the condition within a
period stated in the condition, and
(b) to repay the grant within a period stated in the condition.
(3) In the case of a joint application, each applicant is individually liable
to comply with a requirement under subsection (2) but compliance by
any one or more of them is to be regarded as compliance by both or
all.
(4) A person who fails to comply with a condition imposed by the Chief
Commissioner (under this section or any other provision of this Act)
is guilty of an offence.
Maximum penalty (subsection (4)): 50 penalty units.
22 Death of applicant
(1) An application for a first home owner grant does not lapse because an
applicant dies before the application is decided.
(2) If an applicant dies before the application is decided, the following
provisions apply:
(a) if the deceased was one of 2 or more applicants and one or
more applicants survive, the application is to be dealt with as if
the surviving applicants were the sole applicants,
(b) in any other case, a first home owner grant, if payable on the
application, is to be paid to the estate of the deceased.
(3) If a deceased applicant for a first home owner grant had not, by the
date of death, occupied the home to which the application relates as the
applicant's principal place of residence but the Chief Commissioner is
satisfied that he or she intended to do so within 12 months after
completion of the eligible transaction or a longer period allowed by the
Chief Commissioner, the residence requirement is satisfied.
23 Power to correct decision
(1) If the Chief Commissioner decides an application, and is later satisfied
(independently of an objection under this Act) that the decision is
incorrect, the Chief Commissioner may vary or reverse the decision.
Page 14
First Home Owner Grant Bill 2000 Clause 23
First home owner grant Part 2
Decision on application Division 5
(2) A decision cannot be varied or reversed under this section more than
5 years after it was made.
24 Notification of decision
(1) When the Chief Commissioner decides to refuse an application or to
vary or reverse an earlier decision on an application, the Chief
Commissioner must give the applicant notice of the decision and must
state in the notice the reasons for the decision.
(2) If the decision is to authorise the payment of a first home owner grant
with or without conditions, the payment of the grant is sufficient notice
of the decision.
Division 6 Objections and reviews
Subdivision 1 Objections
25 Objections
(1) An applicant who is dissatisfied with the Chief Commissioner's
decision on the application may lodge a written objection with the
Chief Commissioner.
(2) The grounds of objection must be stated fully and in detail in the
notice of objection.
(3) The objection must be lodged within 60 days after the date of the
notice of the decision.
(4) If the Chief Commissioner is satisfied that an objector has a reasonable
excuse for failing to lodge an objection within the 60-day period, the
Chief Commissioner may extend the time for lodging the objection.
26 Powers of Chief Commissioner on objection
(1) After considering an objection, the Chief Commissioner may:
(a) allow the objection in whole or in part or may disallow the
objection, and
(b) accordingly reverse, vary or confirm the decision (the original
decision) to which the objection was made.
Page 15
Clause 26 First Home Owner Grant Bill 2000
Part 2 First home owner grant
Division 6 Objections and reviews
(2) The Chief Commissioner must give the objector written notice of the
determination of the objection.
(3) The Chief Commissioner must, in the notice, give the reasons for
disallowing the objection or for allowing the objection in part only.
(4) The reasons for a determination of an objection must set out the
matters referred to in section 49 (3) of the Administrative Decisions
Tribunal Act 1997 in respect of the determination.
(5) The notice must also inform the objector of the objector's right to
make an application for review under Subdivision 2 in the case of a
determination to disallow the objection or to allow the objection in part
only.
27 Decision not made within 90 days
For the purposes of Subdivision 2, if an objection has not been
determined within 90 days of being lodged, the Chief Commissioner
is taken to have made a determination to disallow the objection and to
confirm the original decision.
Subdivision 2 Reviews
28 Reviews by Administrative Decisions Tribunal
(1) An objector who is dissatisfied with the Chief Commissioner's
determination of the objection may apply to the Administrative
Decisions Tribunal for a review of the decision (the original decision)
to which the objection was made.
(2) The applicant's and respondent's cases on an application for review
are not limited to the grounds of the objection.
(3) The applicant has the onus of proving the applicant's case in an
application for review.
(4) An application for review:
(a) must be made within 60 days after the notice of the
determination of the objection is given, or
(b) may be made at any time after the 90-day period referred to in
section 27.
(5) The Administrative Decisions Tribunal may extend the time for
making an application for review.
Page 16
First Home Owner Grant Bill 2000 Clause 28
First home owner grant Part 2
Objections and reviews Division 6
(6) The following provisions of the Administrative Decisions Tribunal Act
1997 do not apply to an application made under this section:
(a) Part 2 of Chapter 5,
(b) section 55 (1) (b) and (d),
(c) Division 2 of Part 3 of Chapter 5.
(7) For the purposes of section 58 (1) (a) of the Administrative Decisions
Tribunal Act 1997:
(a) the obligation of the Chief Commissioner under that paragraph
to lodge a statement of reasons with the Administrative
Decisions Tribunal in respect of an application is limited to
providing the Tribunal with a statement of reasons only in
respect of the matters arising from the grounds specified in the
application, and
(b) if one of the grounds specified in the application relates to a
matter raised in an objection determined by the Chief
Commissioner--the Chief Commissioner may rely on reasons
previously given to the objector by the Chief Commissioner
under section 26 for the determination of the objection in
explanation of that part of the original decision.
29 Powers of Administrative Decisions Tribunal on review
(1) On a review, the Administrative Decisions Tribunal may:
(a) confirm, vary or reverse the original decision, and
(b) make any further orders as to costs or otherwise as it thinks fit.
(2) Subsection (1) does not limit the generality of Division 3 of Part 3 of
Chapter 5 of the Administrative Decisions Tribunal Act 1997.
Page 17
Clause 30 First Home Owner Grant Bill 2000
Part 3 Administration
Division 1 Administration generally
Part 3 Administration
Division 1 Administration generally
30 Administration
The Chief Commissioner is responsible to the Minister for the
administration of the first home owner grant scheme.
31 Delegation
The Chief Commissioner may delegate functions related to the
administration of the first home owner grant scheme.
32 Administration agreements
(1) Without limiting section 31, the Chief Commissioner may enter into
an agreement with a financial institution or other person for exercising
functions related to the administration of the first home owner grant
scheme.
(2) An administration agreement is subject to conditions specified in the
administration agreement or by subsequent written notice given to the
financial institution or other person.
(3) The conditions may include:
(a) conditions as to the means by which applications are to be
lodged by the financial institution or other person, and
(b) conditions requiring the financial institution or other person to
keep specified records, and
(c) conditions as to the payment to applicants of money paid to the
financial institution or other person, and
(d) conditions restricting the financial institution or other person
from disclosing information that is identified in the
administration agreement as confidential.
(4) The Chief Commissioner may, at any time, at the Chief
Commissioner's discretion, revoke an administration agreement under
this section.
Page 18
First Home Owner Grant Bill 2000 Clause 33
Administration Part 3
Administration generally Division 1
33 Authorised officers
(1) A person who is an authorised officer for the purposes of the taxation
laws, as referred to in section 68 of the Taxation Administration Act
1996, is taken to be an authorised officer for the purposes of this Act.
(2) Without affecting subsection (1), the Chief Commissioner may appoint
persons to be authorised officers for the purposes of this Act.
Division 2 Investigations
34 Authorised investigations
An authorised investigation is an investigation to determine:
(a) whether an application under this Act or a corresponding law
for a first home owner grant has been properly made, or
(b) whether an objection to a decision made under this Act or a
corresponding law should be upheld, or
(c) whether an applicant to whom, or for whose benefit, a first
home owner grant has been paid under this Act or a
corresponding law was eligible for the grant, or
(d) whether a condition on which a first home owner grant has
been paid under this Act or a corresponding law has been
complied with, or
(e) any other matter reasonably related to the administration of this
Act or a corresponding law.
35 Carrying out of authorised investigation
(1) The Chief Commissioner may carry out an authorised investigation for
the purposes of this Act.
(2) The Chief Commissioner may, at the request of an authority
responsible for administering a corresponding law, carry out an
authorised investigation for the purposes of the corresponding law.
(3) The Chief Commissioner may delegate powers of investigation under
this Division to the authority responsible for the administration of a
corresponding law, or a person nominated by that authority.
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Clause 36 First Home Owner Grant Bill 2000
Part 3 Administration
Division 2 Investigations
36 Power of investigation
(1) For the purposes of an authorised investigation, the Chief
Commissioner may, by written notice, require a person:
(a) to give the Chief Commissioner written information specified
in the notice, or
(b) to attend at a specified time and place before the Chief
Commissioner or an authorised officer to answer questions
relevant to the investigation, or
(c) to produce an instrument or record to the Chief Commissioner
at a specified time and place.
(2) The Chief Commissioner may require that information given, or to be
given, under this section be verified on oath or by statutory declaration.
(3) A person who, without reasonable excuse, refuses or fails to comply
with a requirement of the Chief Commissioner under this section is
guilty of an offence.
Maximum penalty: 100 penalty units.
(4) A person who, having attended before the Chief Commissioner or an
authorised officer in response to a notice under subsection (1) (b),
refuses or fails, without reasonable excuse, to answer a question
relevant to the investigation is guilty of an offence.
Maximum penalty (subsection (4)): 100 penalty units.
37 Access to public records without fee
The Chief Commissioner is entitled to inspect and take copies of any
public record kept under an Act or law of this State without payment
of any fee that would be payable but for this section.
38 Use and inspection of documents and records provided to Chief
Commissioner or authorised officer
(1) This section applies to a document or record that is provided or
produced to the Chief Commissioner or an authorised officer.
(2) The Chief Commissioner or the authorised officer may take and retain
possession of the document or record for the purpose of enabling the
document or record to be inspected and for copies of, or extracts of
and notes from, the document or record to be made or taken by or on
behalf of the Chief Commissioner or authorised officer.
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First Home Owner Grant Bill 2000 Clause 38
Administration Part 3
Investigations Division 2
(3) However, if the document or record was provided or produced to the
Chief Commissioner or an authorised officer on the premises where it
is normally kept, the Chief Commissioner or authorised officer may
remove it from those premises for the purposes referred to in
subsection (2) only:
(a) with the consent of the owner or occupier of the premises, or
(b) if it is not practicable to inspect or copy or take extracts or
notes from the document or record on the premises.
(4) The Chief Commissioner or authorised officer may retain possession
of the document or record for a reasonable period, but not exceeding
28 days without the consent of the person entitled to it.
(5) The Chief Commissioner or the authorised officer must permit a
person who would be entitled to inspect the document or record if it
were not in the possession of the Chief Commissioner or authorised
officer to inspect the document or record at any reasonable time.
(6) Nothing in this section prejudices a lien a person has on the document
or record.
(7) Nothing in this section limits or affects section 40.
39 Power of entry on premises
(1) The Chief Commissioner may enter and remain on premises if the
Chief Commissioner has reason to believe or suspect that there are
documents or records at the premises that are relevant to the
administration of this Act.
(2) Entry may be made at any reasonable time.
(3) The power of an authorised officer to enter premises may not be
exercised unless the authorised officer has a written delegation
covering entry issued by the Chief Commissioner and produces it if
requested to do so by the owner or occupier of the premises, or a
person in physical occupation of the premises.
(4) Before the Chief Commissioner or an authorised officer enters
premises under this Act, the Chief Commissioner or authorised officer
must give the owner or occupier of the premises, or a person in
physical occupation of the premises, reasonable notice of the intention
to enter unless:
(a) entry is made with the consent of the owner, occupier or
person, or
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Clause 39 First Home Owner Grant Bill 2000
Part 3 Administration
Division 2 Investigations
(b) the giving of notice would, in the opinion of the Chief
Commissioner or authorised officer, defeat the purpose for
which it is intended to enter the premises.
(5) The powers of entry and inspection conferred by this Division are not
exercisable in relation to premises or a part of premises used for
residential purposes except:
(a) with the consent of the owner or occupier of the premises or
part, or a person in physical occupation of the premises or part,
or
(b) under the authority conferred by a search warrant.
40 Functions exercisable on entry
(1) The Chief Commissioner or an authorised officer who has entered
premises in accordance with this Division may:
(a) require any person at those premises to produce any records in
the custody or possession or under the control of the person
(including a written record that reproduces in an understandable
form information stored by computer, microfilm or other means
or process), and
(b) require any person at those premises to answer questions or
otherwise furnish information, and
(c) require the owner or occupier of the premises, or any person
physically in occupation of the premises, to provide the Chief
Commissioner or authorised officer with such assistance and
facilities as is or are reasonably necessary to enable the Chief
Commissioner or authorised officer to exercise the functions of
the Chief Commissioner or an authorised officer under this
Part.
(2) A receipt is to be issued for anything removed.
41 Search warrant
(1) The Chief Commissioner or an authorised officer may apply to an
authorised justice for a warrant to search any premises if the Chief
Commissioner or the authorised officer has reasonable grounds to
believe that any records are to be found there, being records to which
the Chief Commissioner or authorised officer would have access if
they were kept on premises to which the Chief Commissioner or
authorised officer has access.
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First Home Owner Grant Bill 2000 Clause 41
Administration Part 3
Investigations Division 2
(2) An authorised justice to whom the application is made may, if satisfied
that there are reasonable grounds for doing so, issue a search warrant
authorising the Chief Commissioner or authorised officer to enter and
search the premises.
(3) Nothing in this section limits or restricts any power conferred on the
Chief Commissioner or an authorised officer under this Part.
(4) In this section, authorised justice has the same meaning as in the
Search Warrants Act 1985.
42 Obstructing Chief Commissioner or authorised officer
(1) A person who:
(a) prevents the Chief Commissioner or an authorised officer from
exercising a function under this Division, or
(b) hinders or obstructs the Chief Commissioner or an authorised
officer in the exercise of such a function, or
(c) without reasonable excuse, refuses or fails to comply with a
requirement made by or to answer a question of the Chief
Commissioner or an authorised officer asked in accordance
with section 40,
is guilty of an offence.
Maximum penalty: 100 penalty units.
(2) A person is not guilty of an offence under this section arising from the
entry of the Chief Commissioner or an authorised officer onto
premises unless it is established that, at the material time, the Chief
Commissioner or the authorised officer:
(a) identified himself or herself as the Chief Commissioner or an
authorised officer, and
(b) warned the person that a failure to comply with the requirement
may constitute an offence.
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Clause 43 First Home Owner Grant Bill 2000
Part 3 Administration
Division 2 Investigations
43 Defence of reasonable compliance
A person is not guilty of an offence under this Division if the court
hearing the charge is satisfied:
(a) that the defendant could not, by the exercise of reasonable
diligence, have complied with the requirement to which the
charge relates, or
(b) that the defendant complied with the requirement to the extent
of his or her ability to do so.
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First Home Owner Grant Bill 2000 Clause 44
Miscellaneous Part 4
Part 4 Miscellaneous
44 Knowingly giving false or misleading information
A person must not:
(a) make a statement, orally or in writing, to an authorised officer,
or
(b) give information, orally or in writing, to an authorised officer,
knowing that it is false or misleading in a material particular.
Maximum penalty: 100 penalty units.
45 Power to require repayment and impose penalty
(1) The Chief Commissioner may, by written notice, require an applicant
(or former applicant) for a first home owner grant to repay an amount
paid on the application if:
(a) the amount was paid in error, or
(b) the Chief Commissioner reverses the decision under which the
amount was paid for any other reason.
(2) If, as a result of an applicant's dishonesty, an amount is paid by way
of a first home owner grant, the Chief Commissioner may, by the
notice in which repayment is required or a separate notice, impose a
penalty not exceeding the amount the applicant is required to repay.
(3) If an applicant (or former applicant) for a first home owner grant fails
to make a repayment required under this section or the conditions of
the grant, the Chief Commissioner may, by written notice, impose a
penalty not exceeding the amount the applicant is required to repay.
(4) If an amount is paid in error on an application for a first home owner
grant to a third party, the Chief Commissioner may, by written notice,
require the third party to repay the amount to the Chief Commissioner.
46 Power to recover certain amounts
(1) This section applies to the following amounts:
(a) an amount that an applicant (or former applicant) for a first
home owner grant is required to repay under the conditions of
the grant or by requirement of the Chief Commissioner under
this Act,
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Clause 46 First Home Owner Grant Bill 2000
Part 4 Miscellaneous
(b) the amount of a penalty imposed on an applicant (or former
applicant) for a first home owner grant,
(c) the amount that a third party is required to repay under section
45 (4).
(2) An applicant (or former applicant) for a first home owner grant is
liable to pay an amount referred to in subsection (1) (a) or (b) to the
Chief Commissioner and, if there are 2 or more applicants, the liability
is joint and several.
(3) If an applicant (or former applicant) who is liable to pay an amount
referred to in subsection (1) (a) or (b) has an interest in the home for
which the first home owner grant was sought, the liability is a charge
on the applicant's interest in that home.
(4) A person referred to in subsection (1) (c) is liable to pay an amount
referred to in that paragraph to the Chief Commissioner.
(5) The Chief Commissioner may recover an amount to which this section
applies as a debt due to the Crown.
(6) The Chief Commissioner may enter into an arrangement (which may
include provision for the payment of interest) for payment of a liability
outstanding under this section by instalments.
(7) The Chief Commissioner may write off the whole or part of a liability
outstanding under this section if satisfied that action, or further action,
to recover the amount outstanding is impracticable or unwarranted.
47 Protection of confidential information
(1) In this section:
duty of confidentiality--a person is subject to a duty of confidentiality
if:
(a) the person is, or has been, engaged in work related to the
administration of this Act, or
(b) the person has obtained access to protected information
(directly or indirectly) from a person who is, or has been,
engaged in work related to the administration of this Act.
protected information means information obtained in the course of
work related to the administration of this Act about an applicant for a
first home owner grant or about the applicant's spouse.
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First Home Owner Grant Bill 2000 Clause 47
Miscellaneous Part 4
(2) A person who is subject to a duty of confidentiality must not disclose
protected information except as permitted by subsection (3).
Maximum penalty: 100 penalty units.
(3) Protected information may be disclosed:
(a) at the request or with the consent of the person to whom the
information relates or a person acting on that person's behalf,
or
(b) in connection with the administration of:
(i) this Act or a corresponding law, or
(ii) a taxation law of the Commonwealth or a State or
Territory, or
(c) for the purposes of legal proceedings, or
(d) as authorised under the regulations.
48 Evidence
(1) A certificate signed by the Chief Commissioner stating that a first
home owner grant was paid to a person named in the certificate on a
specified date is admissible in legal proceedings as evidence of the
payment.
(2) A copy of a notice issued by the Chief Commissioner imposing a
penalty under this Act is admissible in legal proceedings as evidence
of the imposition of the penalty.
(3) A copy of a notice issued by the Chief Commissioner requiring the
payment or repayment of a specified amount is admissible in legal
proceedings as evidence:
(a) that the requirement was made, and
(b) that the amount specified in the notice was outstanding at the
date of the notice.
49 Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations may be
dealt with before a Local Court constituted by a Magistrate sitting
alone or before the Supreme Court in its summary jurisdiction.
(2) Proceedings for an offence against this Act or the regulations may be
commenced at any time within 2 years after the date on which it is
alleged the offence was committed.
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Clause 50 First Home Owner Grant Bill 2000
Part 4 Miscellaneous
50 Standing appropriation
The Consolidated Fund is appropriated to the extent necessary for the
payment of grants under this Act.
51 Personal liability
(1) This section applies to a person who is:
(a) the Chief Commissioner or an authorised officer, or
(b) a public servant involved in the administration of this Act, or
(c) a person to whom the Chief Commissioner has delegated
functions under this Act.
(2) A matter or thing done or omitted to be done by a person to whom this
section applies does not, if the matter or thing was done or omitted in
good faith for the purpose of administering this Act, subject the person
so acting personally to any action, liability, claim or demand.
52 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) A regulation may create an offence punishable by a penalty not
exceeding 20 penalty units.
53 Amendment of Stamp Duties Act 1920 No 47
The Stamp Duties Act 1920 is amended by inserting after section 98A
(1) (z):
, or
(za) a receipt by a financial institution comprising a direct credit of
a payment under the First Home Owner Grant Act 2000 or
under a corresponding law, being:
(i) a payment of a grant by the Chief Commissioner (or
corresponding officer or authority under a
corresponding law) to an account as directed by the
applicant for the grant, or
(ii) a payment of a grant by the Chief Commissioner to a
party to an administration agreement entered into by the
Chief Commissioner under section 32 of that Act, or
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First Home Owner Grant Bill 2000 Clause 53
Miscellaneous Part 4
(iii) a payment by such a party to an account as directed by
the applicant for the grant.
54 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 29
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