New South Wales Consolidated Acts

FIRST HOME OWNER GRANT ACT 2000 - SECT 46A

46A Recovery from third parties

(1) The Chief Commissioner may require any of the following persons, instead of the grant recipient, to pay any recoverable amount that is payable but remains unpaid:

(a) a person by whom any money is due or accruing or may become due to the grant recipient,

(b) a person who holds or may subsequently hold money for or on account of the grant recipient,

(c) a person who holds or may subsequently hold money on account of some other person for payment to the grant recipient,

(d) a person having authority from some other person to pay money to the grant recipient.

(2) The Chief Commissioner’s requirement is to be made by notice in writing.

(3) A copy of the notice must be served on the grant recipient.

(4) The amount of money required to be paid to the Chief Commissioner is:

(a) if the amount of the money so held or due or authorised to be paid does not exceed the amount payable by the grant recipient to the Chief Commissioner-all the money, or

(b) if the amount of the money exceeds the amount so payable-sufficient money to pay the amount so payable.

(5) The money must be paid to the Chief Commissioner on receipt of the notice, or when the money is held by the person and becomes due to the grant recipient, or by the end of such period (if any) as may be specified by the Chief Commissioner, whichever is the later.

(6) A person subject to a requirement of the Chief Commissioner under this section must comply with the requirement.

Maximum penalty: 100 penalty units.

(7) A person who makes a payment in accordance with this section is taken to be acting under the authority of the grant recipient and of all other persons concerned and is indemnified by this section in respect of the payment.

(8) If, after a person is given a notice under this section by the Chief Commissioner, the whole or a part of the amount is paid by another person, the Chief Commissioner must promptly notify the person to whom the notice is given of the payment and the notice is taken to be amended accordingly.

(9) In this section:
"grant recipient" means:

(a) an applicant (or former applicant) for a first home owner grant to whom an amount is paid under this Act, or

(b) any other person to whom an amount is paid under this Act.

"recoverable amount" means:

(a) in relation to an applicant (or former applicant) for a first home owner grant, the following amounts:

(i) an amount that the applicant (or former applicant) is required to repay under the conditions of the grant or by a requirement of the Chief Commissioner under this Act,

(ii) the amount of any penalty imposed on the applicant (or former applicant) by the Chief Commissioner under this Act, or

(b) in relation to any other person-an amount the person is required to repay under section 45 (4).