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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Regional Relocation (Home Buyers
Grant) Bill 2011
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Regional area--meaning 3
Part 2 Regional relocation grant
Division 1 Regional relocation grant
5 Entitlement to grant 5
6 Amount of grant 5
7 One grant per household 5
Division 2 Eligible home relocation
8 Eligible home relocation 5
9 Applicant must purchase a regional home 5
b2011-063-40.d04a
Regional Relocation (Home Buyers Grant) Bill 2011
Contents
Page
10 Date purchase is commenced 6
11 Purchase must be completed 6
12 Home must be ready for occupation on completion 6
13 Maximum value of purchase 6
14 Purchase must be for whole parcel 7
15 Applicant must relocate from metropolitan area 7
16 Regional home must be used and occupied as principal
place of residence 8
17 Land and home must be used for residential purposes
only 9
Division 3 Eligible applicant
18 Eligible applicants 9
19 Applicant must be a natural person 9
20 Applicant must be Australian citizen or permanent
resident 9
21 Applicant must not have received an earlier grant 9
22 Applicant must not be trustee 10
Part 3 Application for grant
Division 1 Application for grant
23 Making of applications 11
24 All interested persons must join in application 11
25 Provision of information 11
Division 2 Decision on application
26 Chief Commissioner to decide application 12
27 Payment in advance, subject to statutory conditions 12
28 Imposition of conditions by Chief Commissioner 12
29 Payment of grant 13
30 Power to correct decision 13
31 Notification of decision 13
Part 4 Repayment of grant
32 Power to require repayment from applicant 14
33 Charge on land for liability of applicant 14
34 Power to require repayment from non-applicant 15
35 Recovery from third parties 15
36 Payment by instalments 16
37 Write off of liabilities 16
38 Remission of amounts payable 17
Contents page 2
Regional Relocation (Home Buyers Grant) Bill 2011
Contents
Page
Part 5 Objections and reviews
Division 1 Objections
39 Objections 18
40 Time for lodging objection 18
41 Grounds for objection to be stated 18
42 Onus of proof on objection 19
43 Powers of Chief Commissioner on objection 19
44 Notice of determination of objection 19
Division 2 Reviews
45 Reviews by Administrative Decisions Tribunal 19
46 Powers of Administrative Decisions Tribunal
on review 20
Part 6 Administration
Division 1 Administration generally
47 Administration 21
48 Delegation 21
49 Authorised officers 21
Division 2 Powers of investigation
50 Chief Commissioner may carry out authorised
investigation 21
51 Powers in connection with authorised investigation 22
52 Power to require valuation 22
53 Access to public records without fee 22
54 Use and inspection of documents 23
55 Obstruction or failure to comply 23
Part 7 Closure of scheme
56 Scheme target 24
57 Scheme closure date 24
58 Effect of scheme closure 24
Part 8 Miscellaneous
59 Knowingly giving false or misleading information 25
60 Protection of confidential information 25
61 Evidence 26
62 Proceedings for offences 26
63 Standing appropriation 26
64 Personal liability 26
Contents page 3
Regional Relocation (Home Buyers Grant) Bill 2011
Contents
Page
65 Regulations 27
66 Repeal of Act 27
Schedule 1 Savings, transitional and other provisions 28
Schedule 2 Amendment of Acts 29
Contents page 4
New South Wales
Regional Relocation (Home Buyers
Grant) Bill 2011
No , 2011
A Bill for
An Act to establish a scheme for the payment of grants to home buyers who relocate
from metropolitan to regional areas.
Clause 1 Regional Relocation (Home Buyers Grant) Bill 2011
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Regional Relocation (Home Buyers Grant) Act 2011. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Definitions 7
(1) In this Act: 8
applicant means an applicant or former applicant for a regional 9
relocation grant. 10
Australian citizen has the same meaning as in the Australian 11
Citizenship Act 2007 of the Commonwealth. 12
authorised officer--see section 49. 13
Chief Commissioner means the Chief Commissioner of State Revenue. 14
commencement of a purchase--see section 10. 15
completion of a purchase--see section 11. 16
eligible applicant--see Division 3 of Part 2. 17
eligible home relocation--see Division 2 of Part 2. 18
function includes a power, authority or duty and exercise a function 19
includes perform a duty. 20
home means a building (situated on land in New South Wales) that: 21
(a) may lawfully be used as a place of residence, and 22
(b) is, in the Chief Commissioner's opinion, a suitable building for 23
use as a place of residence. 24
land includes land subject to the Strata Schemes (Freehold 25
Development) Act 1973 or the Strata Schemes (Leasehold 26
Development) Act 1986. 27
metropolitan area means the following parts of the State: 28
(a) the Sydney metropolitan area--being the area constituted by the 29
following local government areas: 30
Ashfield, Auburn, Bankstown, Blacktown, Blue Mountains, 31
Botany Bay, Burwood, Camden, Campbelltown, Canada Bay, 32
Canterbury, Fairfield, Gosford, Hawkesbury, Holroyd, Hornsby, 33
Hunters Hill, Hurstville, Kogarah, Ku-ring-gai, Lane Cove, 34
Leichhardt, Liverpool, Manly, Marrickville, Mosman, North 35
Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, 36
Page 2
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 4
Preliminary Part 1
Ryde, Strathfield, Sutherland Shire, Sydney, The Hills Shire, 1
Warringah, Waverley, Willoughby, Wollondilly, Woollahra, 2
Wyong, 3
(b) the Newcastle local government area, 4
(c) the Wollongong local government area. 5
metropolitan home means a home in a metropolitan area. 6
owner of a home means a person who is the owner (within the meaning 7
of the Land Tax Management Act 1956) of the land that is the site of the 8
home. 9
permanent resident means: 10
(a) the holder of a permanent visa within the meaning of section 30 11
of the Migration Act 1958 of the Commonwealth, or 12
(b) a New Zealand citizen who holds a special category visa within 13
the meaning of section 32 of the Migration Act 1958 of the 14
Commonwealth. 15
purchase--see section 9. 16
regional area--see section 4. 17
regional home means a home in a regional area. 18
regional relocation grant means a regional relocation grant authorised 19
under this Act. 20
relevant third party--see section 35. 21
scheme closure date--see section 57. 22
scheme target--see section 56. 23
(2) For the purposes of this Act, an agreement for the sale or transfer of, or 24
a transfer of, an entitlement to occupy land to which section 21A of the 25
Land Tax Management Act 1956 applies is taken to be an agreement for 26
the sale or transfer of, or a transfer of, the land to which that entitlement 27
relates. 28
Note. The effect of the above provision is to treat a transfer of an entitlement to 29
occupy land that is the subject of a company title arrangement as a transfer of 30
the land to which that entitlement relates. 31
(3) Notes included in this Act do not form part of this Act. 32
4 Regional area--meaning 33
(1) For the purposes of this Act, a regional area means any part of the State 34
that does not fall within a metropolitan area. 35
(2) However, a regional area does not include any local government area 36
declared by the regulations to be an area for which the regional 37
relocation grant is not available. 38
Page 3
Clause 4 Regional Relocation (Home Buyers Grant) Bill 2011
Part 1 Preliminary
(3) A regulation that declares an area to be an area for which the regional 1
relocation grant is not available does not affect the application of this 2
Act to the purchase of a home in that area if the purchase commenced 3
before the commencement of the regulation. 4
Page 4
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 5
Regional relocation grant Part 2
Part 2 Regional relocation grant 1
Division 1 Regional relocation grant 2
5 Entitlement to grant 3
(1) A regional relocation grant is payable on application under this Act in 4
respect of the purchase of a home if: 5
(a) the purchase is an eligible home relocation, and 6
(b) the applicant is an eligible applicant. 7
(2) A requirement imposed by this Part on an applicant applies, if there are 8
2 or more joint applicants, to each applicant. 9
(3) However, an applicant need not comply with a requirement of this Part 10
to the extent that the applicant is exempted from compliance by or under 11
this Act. 12
6 Amount of grant 13
The amount of the regional relocation grant is $7,000. 14
7 One grant per household 15
(1) Only one regional relocation grant is payable in respect of the purchase 16
of a regional home and the disposal of a metropolitan home. 17
(2) If a regional relocation grant is paid to an applicant (or joint applicants) 18
on the basis of a particular transaction, no other person is eligible for a 19
regional relocation grant on the basis of that same transaction. 20
Division 2 Eligible home relocation 21
8 Eligible home relocation 22
The purchase of a home by an applicant is an eligible home relocation 23
if the requirements set out in this Division are satisfied. 24
9 Applicant must purchase a regional home 25
(1) The applicant must purchase a regional home. 26
(2) For the purposes of this Act, an applicant purchases a regional home if: 27
(a) land that is the site of a regional home is transferred to the 28
applicant (either solely or jointly with other transferees) for 29
valuable consideration, and 30
(b) as a result of the transfer, the applicant becomes an owner of the 31
home (either solely or jointly with other transferees). 32
Page 5
Clause 10 Regional Relocation (Home Buyers Grant) Bill 2011
Part 2 Regional relocation grant
(3) The transfer must result in 100% of the ownership of the home being 1
transferred. That is, no persons who were owners of the home before the 2
purchase commenced can be owners of the home after the purchase is 3
completed. 4
10 Date purchase is commenced 5
(1) The purchase of the regional home by the applicant must commence on 6
or after 1 July 2011 and before 1 July 2015. 7
(2) For the purposes of this Act, a purchase of a regional home commences: 8
(a) in the case of a transfer of land that is made pursuant to an 9
agreement for the sale or transfer of land--on the date the 10
agreement is entered into, or 11
(b) in the case of a transfer of land that is made otherwise than 12
pursuant to an agreement for the sale or transfer of land--on the 13
date the transfer is first executed. 14
(3) A purchase is not an eligible home relocation if: 15
(a) it is made pursuant to an agreement for the sale or transfer of land 16
that replaces an agreement made before 1 July 2011, and 17
(b) the replaced agreement is an agreement for the sale or transfer of 18
substantially the same land. 19
(4) This section is subject to Part 7 (which provides for a scheme closure 20
date). 21
11 Purchase must be completed 22
(1) The purchase of the regional home must be completed. 23
(2) For the purposes of this Act, a purchase of a regional home is completed 24
when the applicant becomes entitled to possession of the home and, if 25
the interest in the land acquired by the applicant is registrable under a 26
law of the State, the interest is so registered. 27
12 Home must be ready for occupation on completion 28
The regional home must be ready for use and occupation as a place of 29
residence before the purchase is completed. 30
Note. A purchase of vacant land on which a home is to be built before 31
completion of the purchase is eligible but a purchase of vacant land on which a 32
home is to be built following completion is not eligible. 33
13 Maximum value of purchase 34
(1) The value of the purchase must not exceed $600,000. 35
Page 6
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 14
Regional relocation grant Part 2
(2) The value of the purchase is the greater of the following: 1
(a) the consideration for the purchase, 2
(b) the unencumbered value of the property the subject of the 3
purchase on the date the purchase is completed. 4
(3) The unencumbered value of property is the value of the property 5
determined without regard to: 6
(a) any encumbrance to which the property is subject, whether 7
contingently or otherwise, or 8
(b) any arrangement that results in the reduction of the value of the 9
property, if the parties to the arrangement are not dealing with 10
each other at arm's length, or 11
(c) any scheme or arrangement that, in the opinion of the Chief 12
Commissioner, was entered into, made or carried out by a party 13
to the scheme or arrangement for the sole or dominant purpose of 14
reducing the value of the property. 15
(4) For the purposes of subsection (3) (c), the Chief Commissioner may 16
have regard to: 17
(a) the duration of the scheme or arrangement before the purchase of 18
the property commenced, and 19
(b) whether there is any commercial efficacy to the making of the 20
scheme or arrangement other than to reduce the value of the 21
property, and 22
(c) any other matters the Chief Commissioner considers relevant. 23
14 Purchase must be for whole parcel 24
(1) The land the subject of the purchase must comprise the whole of the 25
parcel of land on which the home is situated or, if the land is a parcel of 26
land on which 1 or more other homes are situated, or to be situated, that 27
part of the land that is an exclusive occupancy. 28
(2) Land is an exclusive occupancy only if the Chief Commissioner is 29
satisfied that the applicant is entitled to occupy a home that is situated 30
on the land as a place of residence to the exclusion of other persons who 31
occupy or are to occupy the other home or homes situated on the parcel 32
of land. 33
15 Applicant must relocate from metropolitan area 34
(1) The applicant must relocate from a metropolitan area. 35
(2) An applicant relocates from a metropolitan area if: 36
(a) the applicant is, within 12 months before the purchase of the 37
regional home commences, an owner of a metropolitan home that 38
Page 7
Clause 16 Regional Relocation (Home Buyers Grant) Bill 2011
Part 2 Regional relocation grant
is used and occupied by the applicant as a principal place of 1
residence, and 2
(b) the applicant disposes of the metropolitan home before the 3
purchase of the regional home is completed or within the period 4
allowed for residence relocation. 5
(3) For the purposes of this Act, an applicant disposes of a metropolitan 6
home if: 7
(a) land that is the site of the metropolitan home is transferred to 8
another person or persons, and 9
(b) as a result of the transfer, the applicant ceases to be an owner of 10
the home. 11
(4) The transfer must result in 100% of the ownership of the home being 12
transferred. That is, no persons who were owners of the home before the 13
disposal of the metropolitan home commenced can be owners of the 14
home after the disposal. 15
(5) For the purposes of this section, the disposal of a metropolitan home 16
commences: 17
(a) in the case of a transfer of land that is made pursuant to an 18
agreement for the sale or transfer of land--on the date the 19
agreement is entered into, or 20
(b) in the case of a transfer of land that is made otherwise than 21
pursuant to an agreement for the sale or transfer of land--on the 22
date the transfer is first executed. 23
(6) The period allowed for residence relocation is 12 months after the 24
purchase of the regional home is completed or such longer period as the 25
Chief Commissioner may approve. 26
(7) The Chief Commissioner may approve a longer period for residence 27
relocation only if satisfied that the delay in disposing of the 28
metropolitan home is caused by circumstances beyond the control of the 29
applicant. 30
16 Regional home must be used and occupied as principal place of 31
residence 32
(1) The applicant must use and occupy the regional home that is purchased 33
as a principal place of residence for a continuous period of at least 34
12 months, with that occupation starting within 12 months (or such 35
longer period as the Chief Commissioner may approve) after the 36
purchase is completed. 37
Page 8
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 17
Regional relocation grant Part 2
(2) The Chief Commissioner may, if satisfied that there are good reasons to 1
do so in a particular case: 2
(a) modify the requirement imposed by this section by approving a 3
shorter period of occupation by a person, or 4
(b) exempt a person from the requirement to comply with this 5
section. 6
17 Land and home must be used for residential purposes only 7
(1) The regional home, or the land on which the home is situated, must not 8
be intended to be used, or made available for use, for any purpose that 9
is not ancillary to the use and occupation of the land for residential 10
purposes (such as a commercial, industrial or professional purpose). 11
(2) However, this section does not exclude the purchase of a farming 12
property that includes a home. 13
Division 3 Eligible applicant 14
18 Eligible applicants 15
An applicant is an eligible applicant if the requirements of this Division 16
are satisfied. 17
19 Applicant must be a natural person 18
The applicant must be a natural person. 19
20 Applicant must be Australian citizen or permanent resident 20
(1) The applicant must be an Australian citizen or a permanent resident on 21
the date the purchase of the regional home is completed. 22
(2) If an application is made by joint applicants and at least one (but not all) 23
of the applicants is an Australian citizen or a permanent resident on the 24
completion of the purchase, the other applicant or applicants are not 25
required to be Australian citizens or permanent residents. 26
21 Applicant must not have received an earlier grant 27
(1) The applicant must not have been a party to an earlier application under 28
this Act in respect of which a grant was paid. 29
(2) However, an applicant is not excluded by this section if the grant was 30
paid but later paid back, together with any penalty or interest payable 31
under this Act. 32
Page 9
Clause 22 Regional Relocation (Home Buyers Grant) Bill 2011
Part 2 Regional relocation grant
22 Applicant must not be trustee 1
The applicant must not purchase the regional home in his or her capacity 2
as trustee. 3
Page 10
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 23
Application for grant Part 3
Part 3 Application for grant 1
Division 1 Application for grant 2
23 Making of applications 3
(1) An application for a regional relocation grant is to be made to the Chief 4
Commissioner in an approved form. 5
(2) An application cannot be made before the purchase of the regional 6
home is completed. 7
(3) An application must be made no later than 12 months after the purchase 8
of the regional home is completed, subject to this section. 9
(4) The Chief Commissioner may accept an application after expiry of the 10
12-month period if satisfied that the delay in making an application was 11
caused by circumstances beyond the control of the applicant or 12
applicants. 13
(5) An application for a regional relocation grant cannot be made after 14
31 December 2015. 15
(6) The Chief Commissioner must refuse an application made after 16
31 December 2015. 17
24 All interested persons must join in application 18
(1) All interested persons must be applicants. 19
(2) A person is an interested person if the person: 20
(a) is an owner of the regional home that is purchased (at the 21
completion of the purchase), and 22
(b) is or was an owner of the metropolitan home disposed of to 23
relocate from a metropolitan area (before disposal of that home). 24
25 Provision of information 25
(1) The Chief Commissioner may at any time (whether before or after 26
authorising payment of a regional relocation grant) require an applicant 27
to provide such information or further information as the Chief 28
Commissioner considers necessary for the proper administration of this 29
Act. 30
(2) Information provided by an applicant in or in relation to an application 31
must, if the Chief Commissioner so requires, be verified by statutory 32
declaration or supported by other evidence required by the Chief 33
Commissioner. 34
Page 11
Clause 26 Regional Relocation (Home Buyers Grant) Bill 2011
Part 3 Application for grant
Division 2 Decision on application 1
26 Chief Commissioner to decide application 2
(1) The Chief Commissioner is to decide whether a regional relocation 3
grant is payable in respect of an application. 4
(2) A regional relocation grant is to be paid on an application only if the 5
Chief Commissioner authorises payment of the grant. 6
27 Payment in advance, subject to statutory conditions 7
(1) The Chief Commissioner may authorise payment of a regional 8
relocation grant in anticipation of compliance with any of the 9
requirements for an eligible home relocation, subject to this section. 10
(2) If a regional relocation grant is paid in anticipation of compliance with 11
any requirement for an eligible home relocation, the payment is made 12
on condition that, if the relevant requirement is not complied with, the 13
applicant must within 14 days after the end of the period allowed for 14
compliance: 15
(a) give written notice of that fact to the Chief Commissioner, and 16
(b) repay the amount of the grant. 17
(3) In the case of a joint application, each applicant is individually liable to 18
comply with a requirement under subsection (2) but compliance by any 19
one or more of them is to be regarded as compliance by both or all. 20
(4) A person who fails to comply with the condition imposed by this section 21
is guilty of an offence. 22
Maximum penalty (subsection (4)): 50 penalty units. 23
(5) Payment of a regional relocation grant cannot be authorised before the 24
purchase of the regional home is completed. 25
28 Imposition of conditions by Chief Commissioner 26
(1) The Chief Commissioner may authorise the payment of a regional 27
relocation grant on any conditions the Chief Commissioner considers 28
appropriate. 29
(2) A condition imposed by the Chief Commissioner may require a person 30
on whose application the regional relocation grant is paid: 31
(a) to give notice of non-compliance with the condition within a 32
period stated in the condition, and 33
(b) to repay the grant or a part of the grant within a period stated in 34
the condition. 35
Page 12
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 29
Application for grant Part 3
(3) In the case of a joint application, each applicant is individually liable to 1
comply with a requirement under subsection (2) but compliance by any 2
one or more of them is to be regarded as compliance by both or all. 3
(4) A person who fails to comply with a condition imposed by the Chief 4
Commissioner is guilty of an offence. 5
Maximum penalty (subsection (4)): 50 penalty units. 6
29 Payment of grant 7
(1) A regional relocation grant is to be paid: 8
(a) to the applicant, or 9
(b) to some other person to whom the applicant directs in writing that 10
the grant be paid. 11
(2) A regional relocation grant may be paid by electronic funds transfer, by 12
cheque or in any other way the Chief Commissioner thinks appropriate. 13
30 Power to correct decision 14
(1) If the Chief Commissioner decides an application, and is later satisfied 15
(independently of an objection under this Act) that the decision is 16
incorrect, the Chief Commissioner may vary or reverse the decision. 17
(2) A decision cannot be varied or reversed under this section more than 18
5 years after it was made. 19
(3) The 5-year time limit on varying or reversing a decision does not apply 20
to a decision that was made on the basis of false or misleading 21
information provided by an applicant or by a person on behalf of the 22
applicant. 23
31 Notification of decision 24
(1) The Chief Commissioner must give an applicant notice of a decision to 25
authorise or refuse payment of a regional relocation grant on an 26
application or to vary or reverse an earlier decision on an application. 27
(2) Notice of a decision to refuse an application, or to vary or reverse an 28
earlier decision on an application, must include the reasons for the 29
decision. 30
Page 13
Clause 32 Regional Relocation (Home Buyers Grant) Bill 2011
Part 4 Repayment of grant
Part 4 Repayment of grant 1
32 Power to require repayment from applicant 2
(1) The Chief Commissioner may, by written notice, require an applicant 3
for a regional relocation grant to repay to the Chief Commissioner an 4
amount paid by way of grant on an application if: 5
(a) the amount was paid in error, or 6
(b) the Chief Commissioner varies or reverses the decision under 7
which the amount was paid for any other reason, or 8
(c) the applicant fails to comply with a condition on which the grant 9
was paid. 10
(2) The Chief Commissioner may, by written notice, require the applicant 11
to pay a penalty determined by the Chief Commissioner if the amount 12
paid by way of grant was paid as a result of the applicant's dishonesty. 13
(3) The penalty is not to exceed the amount the applicant is required to 14
repay. 15
(4) An applicant for a regional relocation grant is liable to pay to the Chief 16
Commissioner an amount the Chief Commissioner requires the 17
applicant to pay under this section. 18
(5) If there are 2 or more applicants for the regional relocation grant, the 19
liability is joint and several. 20
(6) The Chief Commissioner may recover the amount payable as a debt due 21
to the Crown. 22
(7) The Chief Commissioner may, by written notice, require an applicant to 23
pay interest on the amount required to be paid to the Chief 24
Commissioner under this section if the applicant fails to pay the amount 25
in accordance with the requirements specified by the Chief 26
Commissioner in the notice requiring payment. 27
(8) Interest is to be charged in the manner applicable to tax defaults under 28
the Taxation Administration Act 1996. 29
33 Charge on land for liability of applicant 30
(1) Any liability that an applicant has under this Act to pay or repay an 31
amount to the Chief Commissioner is a charge on the applicant's 32
interest in the home that is the subject of the purchase for which the 33
regional relocation grant was sought. 34
Page 14
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 34
Repayment of grant Part 4
(2) The charge created by this section gives the Chief Commissioner an 1
interest in the land on which the home is situated and, accordingly, the 2
Chief Commissioner may lodge a caveat in respect of the land under the 3
Real Property Act 1900 to protect that interest. 4
(3) The caveat must be withdrawn when the amount that the applicant is 5
liable to pay or repay (including any penalty or interest) has been paid. 6
34 Power to require repayment from non-applicant 7
(1) If an amount is paid in error on an application for a regional relocation 8
grant to a person who is not the applicant, the Chief Commissioner may, 9
by written notice, require the person to repay the amount to the Chief 10
Commissioner. 11
(2) The person is liable to pay to the Chief Commissioner an amount the 12
Chief Commissioner requires the person to pay under this section. 13
(3) The Chief Commissioner may recover the amount payable as a debt due 14
to the Crown. 15
(4) The Chief Commissioner may, by written notice, require a person to pay 16
interest on the amount required to be paid to the Chief Commissioner 17
under this section if the person fails to pay the amount in accordance 18
with the requirements specified by the Chief Commissioner in the 19
notice requiring payment. 20
(5) Interest is to be charged in the manner applicable to tax defaults under 21
the Taxation Administration Act 1996. 22
35 Recovery from third parties 23
(1) The Chief Commissioner may, by written notice, require a relevant third 24
party to pay an unpaid amount that a grant recipient is liable to pay to 25
the Chief Commissioner under the conditions of the grant or by a 26
requirement of the Chief Commissioner under this Act. 27
(2) Each of the following persons is a relevant third party: 28
(a) a person who owes money to the grant recipient or may 29
subsequently owe money to the grant recipient, 30
(b) a person who holds or may subsequently hold money for or on 31
account of the grant recipient, 32
(c) a person who holds or may subsequently hold money on account 33
of some other person for payment to the grant recipient, 34
(d) a person having authority from some other person to pay money 35
to the grant recipient. 36
(3) A copy of the notice must be served on the grant recipient. 37
Page 15
Clause 36 Regional Relocation (Home Buyers Grant) Bill 2011
Part 4 Repayment of grant
(4) The amount of money required to be paid to the Chief Commissioner is: 1
(a) if the amount of the money so owing, held or authorised to be 2
paid does not exceed the amount payable by the grant recipient to 3
the Chief Commissioner--all the money, or 4
(b) if the amount of the money exceeds the amount payable-- 5
sufficient money to pay the amount payable. 6
(5) The money must be paid to the Chief Commissioner on receipt of the 7
notice, or when the money is held by the person and becomes due to the 8
grant recipient, or by the end of such period (if any) as may be specified 9
by the Chief Commissioner in the notice requiring payment, whichever 10
is the later. 11
(6) A person subject to a requirement of the Chief Commissioner under this 12
section must comply with the requirement. 13
Maximum penalty: 100 penalty units. 14
(7) A person who makes a payment in accordance with this section is taken 15
to be acting under the authority of the grant recipient and of all other 16
persons concerned and is indemnified by this section in respect of the 17
payment. 18
(8) If, after a person is given a notice under this section by the Chief 19
Commissioner, the whole or a part of the amount is paid by another 20
person, the Chief Commissioner must promptly notify the person to 21
whom the notice is given of the payment and the notice is taken to be 22
amended accordingly. 23
(9) In this section: 24
grant recipient means an applicant for a regional relocation grant or any 25
other person to whom an amount is paid by way of grant under this Act. 26
36 Payment by instalments 27
(1) The Chief Commissioner may enter into an arrangement for payment by 28
instalments of an outstanding amount that a person is liable to pay under 29
this Part. 30
(2) The arrangement may include provision for the payment of interest at 31
the rate applicable to tax defaults under the Taxation Administration Act 32
1996. 33
37 Write off of liabilities 34
The Chief Commissioner may write off the whole or part of a liability 35
outstanding under this Part if satisfied that action, or further action, to 36
recover the amount outstanding is impracticable or unwarranted. 37
Page 16
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 38
Repayment of grant Part 4
38 Remission of amounts payable 1
(1) The Chief Commissioner may remit, in whole or in part, any amount a 2
person is required to pay under this Part. 3
(2) An amount remitted is taken to have been paid. 4
Page 17
Clause 39 Regional Relocation (Home Buyers Grant) Bill 2011
Part 5 Objections and reviews
Part 5 Objections and reviews 1
Division 1 Objections 2
39 Objections 3
(1) An applicant for a regional relocation grant who is dissatisfied with any 4
of the following decisions of the Chief Commissioner may lodge a 5
written objection to the decision with the Chief Commissioner: 6
(a) a decision on the person's application for a regional relocation 7
grant (including a decision to vary or reverse an earlier decision 8
made independently of an objection under this Act), 9
(b) a decision to require the person to repay an amount paid by way 10
of grant under this Act, 11
(c) a decision to require the person to pay a penalty under this Act, 12
(d) a decision to require the person to pay interest on an amount 13
unpaid under this Act. 14
(2) A person (other than an applicant for a regional relocation grant) who is 15
dissatisfied with any of the following decisions of the Chief 16
Commissioner may lodge a written objection to the decision with the 17
Chief Commissioner: 18
(a) a decision to require the person to repay an amount paid by way 19
of grant under this Act (made on the basis that the amount was 20
paid in error), 21
(b) a decision to require the person to pay interest on an amount 22
unpaid under this Act. 23
(3) A person who is dissatisfied with a decision of the Chief Commissioner 24
to require the person to pay an amount to the Chief Commissioner under 25
this Act made on the basis that the person is a relevant third party may 26
lodge a written objection to the decision with the Chief Commissioner. 27
40 Time for lodging objection 28
(1) An objection must be lodged within 60 days after the date notice of the 29
decision concerned is served on the objector. 30
(2) If the Chief Commissioner is satisfied that an objector has a reasonable 31
excuse for failing to lodge an objection within the 60-day period, the 32
Chief Commissioner may extend the time for lodging the objection. 33
41 Grounds for objection to be stated 34
The grounds for an objection must be stated fully and in detail in the 35
objection. 36
Page 18
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 42
Objections and reviews Part 5
42 Onus of proof on objection 1
An objector has the onus of proving the objector's case on an objection. 2
43 Powers of Chief Commissioner on objection 3
After considering an objection, the Chief Commissioner may: 4
(a) allow the objection in whole or in part or disallow the objection, 5
and 6
(b) accordingly reverse, vary or confirm the decision to which the 7
objection was made. 8
44 Notice of determination of objection 9
(1) The Chief Commissioner must give an objector written notice of the 10
determination of the objection. 11
(2) The Chief Commissioner must, in the notice, give the reasons for 12
disallowing the objection or for allowing the objection in part only. 13
(3) The reasons for a determination of an objection must set out the matters 14
referred to in section 49 (3) of the Administrative Decisions Tribunal 15
Act 1997 in respect of the determination. 16
(4) The notice must also inform the objector of the objector's right to make 17
an application for review under Division 2 in the case of a determination 18
to disallow the objection or to allow the objection in part only. 19
Division 2 Reviews 20
45 Reviews by Administrative Decisions Tribunal 21
(1) An objector may apply to the Administrative Decisions Tribunal for a 22
review of the decision (the original decision) to which the objection 23
was made if: 24
(a) the objector is dissatisfied with the Chief Commissioner's 25
determination of the objection, or 26
(b) 90 days have passed since the objection was lodged with the 27
Chief Commissioner and the Chief Commissioner has not 28
determined the objection. 29
(2) The applicant's and respondent's cases on an application for review are 30
not limited to the grounds of the objection. 31
(3) The applicant has the onus of proving the applicant's case in an 32
application for review. 33
Page 19
Clause 46 Regional Relocation (Home Buyers Grant) Bill 2011
Part 5 Objections and reviews
(4) An application for review: 1
(a) following a determination by the Chief Commissioner of an 2
objection--must be made not later than 60 days after the date of 3
issue of the notice of the Chief Commissioner's determination of 4
the objection, or 5
(b) following a failure of the Chief Commissioner to determine an 6
objection within the relevant 90-day period--may be made at any 7
time after the end of that period (but must be made as required by 8
paragraph (a) following a subsequent determination of the 9
objection by the Chief Commissioner). 10
(5) The Administrative Decisions Tribunal may extend the time for making 11
an application for review. 12
(6) The following provisions of the Administrative Decisions Tribunal Act 13
1997 do not apply to an application made under this section: 14
(a) Part 2 of Chapter 5, 15
(b) section 55 (1) (b) and (d), 16
(c) Division 2 of Part 3 of Chapter 5. 17
(7) For the purposes of section 58 (1) (a) of the Administrative Decisions 18
Tribunal Act 1997: 19
(a) the obligation of the Chief Commissioner under that paragraph to 20
lodge a statement of reasons with the Administrative Decisions 21
Tribunal in respect of an application is limited to providing the 22
Tribunal with a statement of reasons only in respect of the matters 23
arising from the grounds specified in the application, and 24
(b) if one of the grounds specified in the application relates to a 25
matter raised in an objection determined by the Chief 26
Commissioner--the Chief Commissioner may rely on reasons 27
previously given to the objector by the Chief Commissioner 28
under this Act for the determination of the objection in 29
explanation of that part of the original decision. 30
46 Powers of Administrative Decisions Tribunal on review 31
(1) On a review, the Administrative Decisions Tribunal may: 32
(a) confirm, vary or reverse the original decision, and 33
(b) make any further orders as to costs or otherwise that it thinks fit. 34
(2) This section does not limit the generality of Division 3 of Part 3 of 35
Chapter 5 of the Administrative Decisions Tribunal Act 1997. 36
Page 20
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 47
Administration Part 6
Part 6 Administration 1
Division 1 Administration generally 2
47 Administration 3
The Chief Commissioner is responsible to the Minister for the 4
administration of the scheme provided for by this Act. 5
48 Delegation 6
The Chief Commissioner may delegate functions related to the 7
administration of the scheme other than this power of delegation. 8
49 Authorised officers 9
(1) A person who is an authorised officer for the purposes of the taxation 10
laws, as referred to in section 68 of the Taxation Administration Act 11
1996, is taken to be an authorised officer for the purposes of this Act. 12
(2) Without limiting subsection (1), the Chief Commissioner may appoint 13
persons to be authorised officers for the purposes of this Act. 14
Division 2 Powers of investigation 15
50 Chief Commissioner may carry out authorised investigation 16
(1) The Chief Commissioner may carry out an authorised investigation for 17
the purposes of this Act. 18
(2) In this Division, an authorised investigation is an investigation to 19
determine: 20
(a) whether an application under this Act has been properly made, or 21
(b) whether an objection to a decision made under this Act should be 22
upheld, or 23
(c) whether a purchase in respect of which a regional relocation grant 24
has been paid under this Act was an eligible home relocation, or 25
(d) whether an applicant to whom, or for whose benefit, a regional 26
relocation grant has been paid under this Act was an eligible 27
applicant, or 28
(e) whether a condition on which the regional relocation grant has 29
been paid under this Act has been complied with, or 30
(f) any other matter reasonably related to the administration of this 31
Act. 32
Page 21
Clause 51 Regional Relocation (Home Buyers Grant) Bill 2011
Part 6 Administration
51 Powers in connection with authorised investigation 1
(1) For the purposes of an authorised investigation, the Chief 2
Commissioner may, by written notice, require a person: 3
(a) to give the Chief Commissioner written information specified in 4
the notice, or 5
(b) to attend at a specified time and place before the Chief 6
Commissioner or an authorised officer to answer questions 7
relevant to the investigation, or 8
(c) to produce any document to the Chief Commissioner at a 9
specified time and place. 10
(2) A specified time and place for the attendance of a person, or the 11
production of a document, must be a time and place that is reasonable 12
in the circumstances. 13
(3) The Chief Commissioner may require that information given, or to be 14
given, under this section be verified on oath or by statutory declaration. 15
52 Power to require valuation 16
(1) For the purposes of determining the value of a purchase, the Chief 17
Commissioner may do any one or more of the following: 18
(a) require, by written notice, an applicant for a regional relocation 19
grant to provide to the Chief Commissioner: 20
(i) a valuation by a registered valuer of any property or 21
consideration, or 22
(ii) other evidence of the value of the property or consideration 23
the Chief Commissioner considers appropriate, 24
(b) have a valuation made of any property or consideration, 25
(c) adopt any available valuation of the property or consideration by 26
a registered valuer (or other person the Chief Commissioner 27
considers suitably qualified). 28
(2) In this section, a registered valuer has the same meaning as it has in the 29
Valuers Act 2003. 30
53 Access to public records without fee 31
The Chief Commissioner is entitled, for the purposes of an authorised 32
investigation, to inspect and take copies of any public record kept under 33
an Act or law of this State without payment of any fee that would be 34
payable but for this section. 35
Page 22
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 54
Administration Part 6
54 Use and inspection of documents 1
(1) The Chief Commissioner or an authorised officer may take and retain 2
possession of any document provided or produced to the Chief 3
Commissioner or authorised officer under this Part for the purpose of: 4
(a) inspecting the document, or 5
(b) taking copies of, extracts of, or notes from, the document. 6
(2) However, if the document was provided or produced to the Chief 7
Commissioner or authorised officer on the premises where it is 8
normally kept, the Chief Commissioner or authorised officer may 9
remove it from those premises only: 10
(a) with the consent of the owner or occupier of the premises, or 11
(b) if it is not practicable to inspect or copy or take extracts or notes 12
from the document on the premises. 13
(3) The Chief Commissioner or authorised officer may retain possession of 14
the document for a reasonable period, but not exceeding 28 days 15
without the consent of the person entitled to it. 16
(4) The Chief Commissioner or authorised officer must permit a person 17
who would be entitled to inspect the document if it were not in the 18
possession of the Chief Commissioner or authorised officer to inspect 19
the document at any reasonable time. 20
(5) Nothing in this section prejudices a lien a person has on the document. 21
55 Obstruction or failure to comply 22
(1) A person must not: 23
(a) prevent the Chief Commissioner or an authorised officer from 24
exercising a function under this Part, or 25
(b) hinder or obstruct the Chief Commissioner or an authorised 26
officer in the exercise of such a function, or 27
(c) without reasonable excuse, refuse or fail to comply with a 28
requirement made by the Chief Commissioner or an authorised 29
officer under this Part. 30
Maximum penalty: 100 penalty units. 31
(2) A person is not guilty of an offence under this section if the court 32
hearing the charge is satisfied that: 33
(a) the defendant could not, by the exercise of reasonable diligence, 34
have complied with the requirement to which the charge relates, 35
or 36
(b) the defendant complied with the requirement to the extent of his 37
or her ability to do so. 38
Page 23
Clause 56 Regional Relocation (Home Buyers Grant) Bill 2011
Part 7 Closure of scheme
Part 7 Closure of scheme 1
56 Scheme target 2
(1) It is intended that the scheme provided for by this Act assist in up to 3
40,000 eligible home relocations. 4
(2) Accordingly, the scheme target is 40,000 regional relocation grants. 5
57 Scheme closure date 6
(1) The Minister may, by order published on the NSW legislation website, 7
appoint a date as the scheme closure date if it appears to the Minister 8
that the number of regional relocation grants authorised to be paid under 9
this Act has exceeded or will exceed the scheme target. 10
(2) An order appointing a scheme closure date must be published on the 11
NSW legislation website no less than 30 days before the scheme closure 12
date so appointed. 13
58 Effect of scheme closure 14
(1) A regional relocation grant is not payable in respect of the purchase of 15
a regional home if the purchase is commenced after the scheme closure 16
date. 17
(2) However, the scheme target, or the appointment of a scheme closure 18
date, does not affect the operation of this Act in respect of a purchase of 19
a regional home that commences on or before the scheme closure date. 20
Page 24
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 59
Miscellaneous Part 8
Part 8 Miscellaneous 1
59 Knowingly giving false or misleading information 2
(1) A person must not make a statement, or give any information, to an 3
authorised officer knowing that it is false or misleading in a material 4
particular. 5
Maximum penalty: 100 penalty units. 6
(2) A person must not, in or in relation to an application under this Act, 7
make a statement or give any information knowing that it is false or 8
misleading in a material particular. 9
Maximum penalty: 100 penalty units. 10
(3) This section applies to any statement or information, whether given 11
orally or in writing. 12
60 Protection of confidential information 13
(1) A person who is subject to a duty of confidentiality must not disclose 14
protected information except as permitted by this section. 15
Maximum penalty: 100 penalty units. 16
(2) A person is subject to a duty of confidentiality if: 17
(a) the person is, or has been, engaged in work related to the 18
administration of this Act, or 19
(b) the person has obtained access to protected information (directly 20
or indirectly) from a person who is, or has been, engaged in work 21
related to the administration of this Act. 22
(3) Information is protected information if it is information about an 23
applicant for a regional relocation grant obtained in the course of work 24
related to the administration of this Act. 25
(4) Protected information may be disclosed: 26
(a) at the request or with the consent of the person to whom the 27
information relates or a person acting on that person's behalf, or 28
(b) in connection with the administration of the following laws 29
(including for the purpose of any legal proceedings arising out of 30
any of those laws or a report of any such proceedings): 31
(i) this Act, 32
(ii) a taxation law of the Commonwealth or a State or 33
Territory, or 34
(c) as authorised by the regulations. 35
Page 25
Clause 61 Regional Relocation (Home Buyers Grant) Bill 2011
Part 8 Miscellaneous
61 Evidence 1
(1) A certificate signed by the Chief Commissioner stating that a regional 2
relocation grant was paid to a person named in the certificate on a 3
specified date is admissible in legal proceedings as evidence of the 4
payment. 5
(2) A copy of a notice issued by the Chief Commissioner imposing a 6
penalty under this Act is admissible in legal proceedings as evidence of 7
the imposition of the penalty. 8
(3) A copy of a notice issued by the Chief Commissioner requiring the 9
payment or repayment of a specified amount is admissible in legal 10
proceedings as evidence: 11
(a) that the requirement was made, and 12
(b) that the amount specified in the notice was outstanding at the date 13
of the notice. 14
62 Proceedings for offences 15
(1) Proceedings for an offence against this Act or the regulations may be 16
dealt with before the Local Court or before the Supreme Court in its 17
summary jurisdiction. 18
(2) Proceedings for an offence against this Act or the regulations may be 19
commenced at any time within 3 years after the date on which it is 20
alleged the offence was committed. 21
63 Standing appropriation 22
The Consolidated Fund is appropriated to the extent necessary for the 23
payment of regional relocation grants under this Act. 24
64 Personal liability 25
(1) A matter or thing done or omitted to be done by a protected person does 26
not, if the matter or thing was done or omitted to be done in good faith 27
for the purpose of administering this Act, subject the person so acting 28
personally to any action, liability, claim or demand. 29
(2) In this section, a protected person means: 30
(a) the Chief Commissioner or an authorised officer, or 31
(b) a member of the Government Service involved in the 32
administration of this Act, or 33
(c) a person to whom the Chief Commissioner has delegated 34
functions under this Act. 35
Page 26
Regional Relocation (Home Buyers Grant) Bill 2011 Clause 65
Miscellaneous Part 8
65 Regulations 1
(1) The Governor may make regulations, not inconsistent with this Act, for 2
or with respect to any matter that by this Act is required or permitted to 3
be prescribed or that is necessary or convenient to be prescribed for 4
carrying out or giving effect to this Act. 5
(2) A regulation may create an offence punishable by a penalty not 6
exceeding 20 penalty units. 7
66 Repeal of Act 8
This Act is repealed on 1 January 2019. 9
Page 27
Regional Relocation (Home Buyers Grant) Bill 2011
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other 1
provisions 2
1 Regulations 3
(1) The regulations may contain provisions of a savings or transitional 4
nature consequent on the enactment of the following Acts: 5
this Act 6
(2) Any such provision may, if the regulations so provide, take effect from 7
the date of assent to the Act concerned or a later date. 8
(3) To the extent to which any such provision takes effect from a date that 9
is earlier than the date of its publication on the NSW legislation website, 10
the provision does not operate so as: 11
(a) to affect, in a manner prejudicial to any person (other than the 12
State or an authority of the State), the rights of that person 13
existing before the date of its publication, or 14
(b) to impose liabilities on any person (other than the State or an 15
authority of the State) in respect of anything done or omitted to 16
be done before the date of its publication. 17
Page 28
Regional Relocation (Home Buyers Grant) Bill 2011
Amendment of Acts Schedule 2
Schedule 2 Amendment of Acts 1
2.1 Administrative Decisions Tribunal Act 1997 No 76 2
Schedule 2 Composition and functions of Divisions 3
Insert in alphabetical order in clause 2 of Part 3C: 4
Regional Relocation (Home Buyers Grant) Act 2011 5
2.2 Taxation Administration Act 1996 No 97 6
[1] Section 82 Permitted disclosures--to particular persons 7
Omit "or" from section 82 (b) (v). 8
[2] Section 82 (b) (vi) 9
Insert after section 82 (b) (v): 10
(vi) the Regional Relocation (Home Buyers Grant) Act 2011, 11
or 12
Page 29
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