New South Wales Consolidated Acts

FIRST HOME OWNER GRANT ACT 2000 - SECT 46

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,

(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 first charge on the applicant’s interest in that home.

(3A) The charge created by subsection (3) gives the Chief Commissioner an interest in the land and, accordingly, the Chief Commissioner may lodge a caveat in respect of the land under the Real Property Act 1900 to protect that interest.

(3AA) Once the caveat is recorded in the Register kept under the Real Property Act 1900 , the charge has priority over all other encumbrances except land tax under the Land Tax Management Act 1956 .

(3B) The caveat must be withdrawn when the amount that the applicant is liable to pay has been paid.

(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.

(8) The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900 .