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Queensland
FIRST HOME OWNER
GRANT BILL 2000
Queensland
FIRST HOME OWNER GRANT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--INTERPRETATION
Division 1--General
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2--Basic concepts
4 Meaning of "eligibility criteria" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Meaning of "eligible transaction" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Meaning of "home" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Meaning of "home owner" or "owner" of a home . . . . . . . . . . . . . . . . . . . . 8
8 Meaning of "relevant interest" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Meaning of "spouse" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 3--FIRST HOME OWNER GRANTS
Division 1--Entitlement to grant
10 When grant is payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Eligibility criteria--applicants
11 Criterion 1--Applicant to be a natural person . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Criterion 2--Applicant to be Australian citizen or permanent resident . . . 11
13 Criterion 3--Applicant or applicant's spouse must not have
received an earlier grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14 Criterion 4--Applicant or applicant's spouse must not have had
relevant interest in residential property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Criterion 5--Residence requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
First Home Owner Grant
Division 3--Application for grant
16 Application for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 All interested persons to join in application . . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Application on behalf of person under legal disability . . . . . . . . . . . . . . . . . 13
Division 4--Decision on application
19 Commissioner to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Amount of grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Payment of grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Payment in anticipation of compliance with residence requirement . . . . . 15
23 Conditions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Death of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 4--AUTHORISED OFFICERS, INVESTIGATIONS AND
ENFORCEMENT
Division 1--Authorised officers
26 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Limitation of authorised officer's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Authorised officer's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . 18
29 Authorised officer's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
30 Production or display of authorised officer's identity card . . . . . . . . . . . . . . 19
Division 2--Investigations
Subdivision 1--Cross-border investigations
31 Commissioner may carry out investigations under corresponding laws . . . 19
Subdivision 2--General powers on investigations
32 Powers on investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 3--Entry of places
33 Authorised officer's power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
35 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
36 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
38 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3
First Home Owner Grant
Subdivision 4--Powers of authorised officers on entry to places
39 General powers for places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 5--General enforcement matters
40 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
41 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
42 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
43 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
44 Obstruction of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
45 Impersonation of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46 Access to particular records without fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2--Repayments and penalties
47 Commissioner may require repayment and impose penalty . . . . . . . . . . . . . 29
48 Recovery of amount paid in error etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
49 Registering charge over land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Effect of writing off liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Penalty amounts to be alternative to prosecution . . . . . . . . . . . . . . . . . . . . . 31
Division 3--Legal proceedings
52 Statements in complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
53 Evidentiary certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
55 When proceedings must start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 5--OBJECTIONS AND APPEALS
Division 1--Objections
56 Lodging objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
57 Deciding objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
58 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2--Appeals
59 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
60 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
61 Grounds of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
62 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
63 Decision on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
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First Home Owner Grant
64 Appeals to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 6--MISCELLANEOUS PROVISIONS
65 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
66 Administration agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
67 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
68 Offence to disclose confidential information . . . . . . . . . . . . . . . . . . . . . . . . . 36
69 Use of information obtained under taxation laws . . . . . . . . . . . . . . . . . . . . . 37
70 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
71 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 38
DICTIONARY
2000
A BILL
FOR
An Act to encourage and help home ownership, and to offset the effect
of the GST on home ownership, by establishing a scheme for the
payment of grants to first home owners
s1 6 s5
First Home Owner Grant
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the First Home Owner Grant Act 2000. 4
5
Commencement
2. This Act commences on 1 July 2000. 6
PART 2--INTERPRETATION 7
Division 1--General 8
9
Definitions
3. The dictionary in schedule 1 defines particular words used in this Act. 10
Division 2--Basic concepts 11
of "eligibility criteria" 12
Meaning
4. The "eligibilitycriteria" are the criteria, under part 3, division 2, for 13
deciding whether an applicant for a first home owner grant is eligible for the 14
grant. 15
of "eligible transaction" 16
Meaning
5.(1) An "eligible transaction" is-- 17
s5 7 s5
First Home Owner Grant
(a) a contract made on or after 1 July 2000 for the purchase of a 1
home in the State; or 2
(b) a comprehensive home building contract made on or after 1 July 3
2000 by the owner of land in the State, or a person who will on 4
completion of the contract, be the owner of land in the State, to 5
have a home built on the land; or 6
(c) the building of a home in the State by an owner builder if the 7
building work starts on or after 1 July 2000. 8
(2) For subsection (1)(a), a contract is a contract for the purchase of a 9
home if the contract is a contract for the acquisition of a relevant interest in 10
land-- 11
(a) on which a home is built; or 12
(b) on which a home is to be built, before completion of the contract, 13
by or for the vendor and at the expense of the vendor. 14
(3) If, on or after 1 July 2000, a person purchases a building and intends 15
to use it as a place of residence on land in which the person has a relevant 16
interest but on which it is not situated at the time of purchase, the contract 17
for the purchase of the building is taken to be a contract to have a home 18
built. 19
(4) However, a contract is not an eligible transaction if the commissioner 20
is satisfied it forms part of a scheme to circumvent limitations on, or 21
requirements affecting, eligibility or entitlement to a first home owner grant. 22
(5) Unless satisfied to the contrary, the commissioner must presume the 23
existence of a scheme mentioned in subsection (4) if-- 24
(a) for a contract to purchase a home--the purchaser had an option to 25
purchase the home granted before 1 July 2000 or the vendor had 26
an option to require the purchaser to purchase the home granted 27
before that date; or 28
(b) for a comprehensive home building contract--either party had a 29
right or option granted before 1 July 2000 to require the other to 30
enter into the contract. 31
s6 8 s8
First Home Owner Grant
of "home" 1
Meaning
6. A "home" is a building, fixed to land, that-- 2
(a) may lawfully be used as a place of residence; and 3
(b) is a suitable building for use as a place of residence. 4
of "home owner" or "owner" of a home 5
Meaning
7. A person is a "home owner" or "owner" of a home if the person has 6
a relevant interest in the land on which the home is built. 7
of "relevant interest" 8
Meaning
8.(1) A "relevant interest" in land1 is-- 9
(a) an estate in fee simple in the land; or 10
(b) a life estate in the land; or 11
(c) a perpetual lease of the land granted by the Commonwealth or the 12
State; or 13
(d) a leasehold interest in the land granted by the Commonwealth or 14
the State that may be converted into an estate in fee simple under 15
the terms of the lease or the Act under which the lease is granted; 16
or 17
(e) a term lease for pastoral purposes granted under the Land Act 18
1994; or 19
(f) an interest as purchaser under-- 20
(i) a contract for the purchase from the Commonwealth or the 21
State, or any Commonwealth or State instrumentality or 22
authority, of an estate in fee simple in the land by 23
instalments; or 24
(ii) an instalment contract under the Property Law Act 1974, 25
part 6, division 4, for the purchase of an estate in fee simple 26
in the land; or 27
1 Also, see definition "residential property" and section 14 (Criterion 4--Applicant
or applicant's spouse must not have had relevant interest in residential property).
s9 9 s9
First Home Owner Grant
(g) a licence or right of occupancy granted by the Commonwealth or 1
the State, or any Commonwealth or State instrumentality or 2
authority, that gives, in the commissioner's opinion, the licensee 3
or the holder of the right reasonable security of tenure; or 4
(h) an interest in a company's shares if the commissioner is satisfied 5
that-- 6
(i) the interest entitles the holder of the interest to exclusive 7
occupation of a specified home owned by the company; and 8
(ii) the value of the shares is not less than the value of the 9
company's interest in the home; or 10
(i) another interest declared by regulation to be a relevant interest. 11
(2) However-- 12
(a) an interest is not a relevant interest at a particular time unless the 13
holder of the interest has, or will have within 1 year after that 14
time, a right to immediate occupation of the land; and 15
(b) an interest is not a relevant interest in the hands of a person who 16
holds it subject to a trust. 17
(3) A regulation under subsection (1)(i) may declare an interest to be a 18
relevant interest in land even though the interest may not be recognised at 19
law or in equity as an interest in land. 20
(4) If a person holds an interest in land on trust as guardian for a person 21
under a legal disability and the interest would be a relevant interest if it were 22
not for subsection (2)(b)-- 23
(a) the person under the legal disability is taken to be the person who 24
holds a relevant interest in the land; and 25
(b) the guardian is taken not to hold the interest. 26
of "spouse" 27
Meaning
9.(1) Subject to subsections (4) and (5), a "spouse" is a person who is-- 28
(a) married; or 29
(b) a de facto spouse. 30
(2) For subsection (1)(b), a de facto spouse is either 1 of 2 persons, 31
s 10 10 s 10
First Home Owner Grant
whether of the same or the opposite sex, who are living or have lived 1
together as a couple for at least 2 years. 2
(3) For subsection (2)-- 3
(a) 2 persons are a couple if they live together on a genuine domestic 4
basis in a relationship based on intimacy, trust and personal 5
commitment to each other; and 6
(b) 2 persons are not a couple only because they are cotenants. 7
(4) Subsection (5) applies if the commissioner is satisfied, when deciding 8
an application for a first home owner grant, an applicant for the grant-- 9
(a) is married but is living apart from the person to whom the 10
applicant is married; and 11
(b) they have no intention of again living together as a couple. 12
(5) The person to whom the applicant is married must not be regarded as 13
the applicant's spouse. 14
ART 3--FIRST HOME OWNER GRANTS 15
P
1--Entitlement to grant 16
Division
grant is payable 17
When
10.(1) A first home owner grant is payable on an application under this 18
Act if-- 19
(a) the applicant or, if there are 2 or more of them, each of the 20
applicants complies with the eligibility criteria; and 21
(b) the transaction for which the grant is sought-- 22
(i) is an eligible transaction; and 23
(ii) has been completed.2 24
2 For authorisation of payment of the grant before the completion of the eligible
transaction, see section 19(2).
s 11 11 s 14
First Home Owner Grant
(2) Despite subsection (1)(a), an applicant need not comply with the 1
eligibility criteria to the extent the applicant is exempted from compliance 2
under this Act. 3
(3) Only 1 first home owner grant is payable for the same eligible 4
transaction. 5
Division 2--Eligibility criteria--applicants 6
1--Applicant to be a natural person 7
Criterion
11. An applicant for a first home owner grant must be a natural person. 8
2--Applicant to be Australian citizen or permanent resident 9
Criterion
12.(1) Subject to subsection (2), an applicant for a first home owner grant 10
must be an Australian citizen or a permanent resident. 11
(2) If an application is made by joint applicants and 1 of the applicants is 12
an Australian citizen or a permanent resident, it is not necessary for the other 13
or others to be Australian citizens or permanent residents. 14
3--Applicant or applicant's spouse must not have received 15
Criterion
an earlier grant 16
13.(1) An applicant is ineligible if-- 17
(a) the applicant or the applicant's spouse has been a party to an 18
earlier application under this Act or a corresponding law; and 19
(b) a grant was paid on the application. 20
(2) However, an applicant is not ineligible if the grant was paid but later 21
paid back under the conditions on which the grant was made. 22
4--Applicant or applicant's spouse must not have had 23
Criterion
relevant interest in residential property 24
14.(1) An applicant is ineligible if the applicant or applicant's spouse has, 25
before 1 July 2000, held-- 26
s 15 12 s 15
First Home Owner Grant
(a) a relevant interest in residential property in Queensland; or 1
(b) an interest in residential property in another State that is a relevant 2
interest under a corresponding law of that State. 3
(2) However, the applicant is not ineligible if-- 4
(a) the relevant interest is an interest as purchaser of an estate in fee 5
simple in land under a contract mentioned in section 8(1)(f); and 6
(b) the contract was terminated within 1 year after the contract was 7
entered into; and 8
(c) the applicant or applicant's spouse did not acquire an estate in fee 9
simple in the land. 10
(3) For subsection (1), in deciding whether an applicant held a relevant 11
interest, under this Act or a corresponding law, in residential property at a 12
particular time, any deferment of the applicant's right of occupation, because 13
the property was subject to a lease, must be disregarded. 14
(4) An applicant is ineligible if the applicant or the applicant's spouse has, 15
on or after 1 July 2000 and before the date on which the application is made, 16
held an interest in property (other than the property to which the application 17
relates) used at any time on or after 1 July 2000 as the residence of the 18
applicant or the applicant's spouse, being-- 19
(a) a relevant interest in residential property in Queensland; or 20
(b) an interest in residential property in another State that is a relevant 21
interest under the corresponding law of that State. 22
5--Residence requirement 23
Criterion
15.(1) An applicant for a first home owner grant must occupy the home 24
to which the application relates as the applicant's principal place of residence 25
within 1 year after completion of the eligible transaction or a longer period 26
approved by the commissioner. 27
(2) The commissioner may exempt an applicant from the residence 28
requirement if-- 29
(a) the applicant is 1 of 2 or more joint applicants for a first home 30
owner grant; and 31
(b) at least 1 of the applicants complies with the residence 32
s 16 13 s 18
First Home Owner Grant
requirement; and 1
(c) the commissioner is satisfied there are good reasons to exempt 2
the applicant from the residence requirement. 3
Division 3--Application for grant 4
for grant 5
Application
16.(1) An application for a first home owner grant must be made to the 6
commissioner or an agent of the commissioner. 7
(2) The application must be-- 8
(a) in the approved form; and 9
(b) supported by the information required by the commissioner. 10
(3) The application may only be made within a period (the "application 11
period")-- 12
(a) starting on the commencement date of the eligible transaction to 13
which the application relates; and 14
(b) ending 1 year after the completion of the eligible transaction to 15
which the application relates. 16
(4) However, the commissioner may allow an application to be made 17
before or after the application period. 18
interested persons to join in application 19
All
17.(1) All interested persons must be applicants. 20
(2) For subsection (1), an interested person is a person who is, or will be, 21
on completion of the eligible transaction to which the application relates, an 22
owner of the relevant home, other than a person prescribed under a 23
regulation. 24
on behalf of person under legal disability 25
Application
18.(1) An application may be made on behalf of a person under a legal 26
disability by a guardian. 27
s 19 14 s 21
First Home Owner Grant
(2) For deciding eligibility, the person under the legal disability must be 1
regarded as the applicant. 2
Division 4--Decision on application 3
to decide applications 4
Commissioner
19.(1) If the commissioner is satisfied a first home owner grant is 5
payable on an application, the commissioner must authorise the payment of 6
the grant. 7
(2) The commissioner may authorise the payment of the grant before the 8
completion of the eligible transaction if the commissioner is satisfied it is 9
appropriate in particular circumstances. 10
of grant 11
Amount
20. The amount of a first home owner grant is the lesser of the 12
following-- 13
(a) the consideration for the eligible transaction; 14
(b) $7 000. 15
of grant 16
Payment
21.(1) A first home owner grant must be paid by electronic funds 17
transfer, cheque or in any other way the commissioner considers 18
appropriate. 19
(2) A first home owner grant must be paid to-- 20
(a) the applicant; or 21
(b) someone else to whom the applicant directs in writing the grant be 22
paid. 23
(3) If the applicant requests, the commissioner may apply the amount of 24
a first home owner grant, or part of the amount, towards a liability for State 25
taxes, fees or charges. 26
s 22 15 s 23
First Home Owner Grant
in anticipation of compliance with residence requirement 1
Payment
22.(1) The commissioner may authorise payment of a first home owner 2
grant in anticipation of compliance with the residence requirement if the 3
commissioner is satisfied each applicant intends to occupy the home as his 4
or her principal place of residence within 1 year after completion of the 5
eligible transaction or a longer period allowed by the commissioner. 6
(2) If a first home owner grant is paid in anticipation of compliance with 7
the residence requirement, the payment is made on condition that, if the 8
residence requirement is not complied with, the applicants must within 9
14 days after the relevant date-- 10
(a) give written notice of that fact to the commissioner; and 11
(b) repay the amount of the grant. 12
(3) For subsection (2), the relevant date is the earlier of the following-- 13
(a) the end of the period allowed for compliance with the residence 14
requirement; 15
(b) the date on which it first becomes apparent that the residence 16
requirement will not be complied with during the period allowed 17
for compliance. 18
(4) For a joint application, each applicant is individually liable to comply 19
with the requirements under subsection (2)(a) and (b) but compliance by 20
any 1 or more of them must be regarded as compliance by both or all. 21
(5) A person must not, without reasonable excuse, fail to comply with a 22
condition mentioned in subsection (2). 23
Maximum penalty--40 penalty units. 24
generally 25
Conditions
23.(1) The commissioner may authorise the payment of a first home 26
owner grant on the reasonable conditions the commissioner considers 27
appropriate. 28
(2) A condition imposed by the commissioner, under this section or 29
another provision of this Act, may require a person on whose application 30
the first home owner grant is paid-- 31
(a) to give notice of non-compliance with the condition within a 32
s 24 16 s 24
First Home Owner Grant
period stated in the condition; and 1
(b) to repay the grant within a period stated in the condition. 2
(3) For a joint application, each applicant is individually liable to comply 3
with a requirement under subsection (2) but compliance by any 1 or more 4
of them must be regarded as compliance by both or all. 5
(4) A person must not, without reasonable excuse, fail to comply with a 6
condition imposed by the commissioner, under this section or another 7
provision of this Act. 8
Maximum penalty--40 penalty units. 9
of applicant 10
Death
24.(1) An application for a first home owner grant does not lapse because 11
an applicant dies before the application is decided. 12
(2) If an applicant dies before the application is decided, the following 13
provisions apply-- 14
(a) if the deceased was 1 of 2 or more applicants and 1 or more 15
applicants survive--the application must be dealt with as if the 16
surviving applicants were the sole applicants; 17
(b) if paragraph (a) does not apply--a first home owner grant, if 18
payable on the application, must be paid to the deceased's 19
personal representative. 20
(3) If-- 21
(a) a deceased applicant for a first home owner grant had not, by the 22
date of death, occupied the home to which the application relates 23
as the applicant's principal place of residence; but 24
(b) the commissioner is satisfied he or she intended to do so within 25
1 year after completion of the eligible transaction or a longer 26
period allowed by the commissioner; 27
the residence requirement is taken to be satisfied. 28
s 25 17 s 26
First Home Owner Grant
of decision 1
Notice
25.(1) If the commissioner decides an application, or decides to vary or 2
reverse an earlier decision on an application, the commissioner must give 3
the applicant written notice of the decision. 4
(2) If the decision authorises the payment of a first home owner grant 5
without conditions, payment of the grant is sufficient notice of the decision. 6
(3) If the decision is to refuse an application, or to vary or reverse an 7
earlier decision on an application, the notice must state the following-- 8
(a) the reasons for the decision; 9
(b) the person may, within 60 days after receiving the notice, object to 10
the decision; 11
(c) how to object.3 12
PART 4--AUTHORISED OFFICERS, 13
INVESTIGATIONS AND ENFORCEMENT 14
1--Authorised officers 15
Division
16
Appointment
26.(1) The commissioner may appoint as an authorised officer-- 17
(a) a public service employee; or 18
(b) an officer or employee of the authority responsible for the 19
administration of a corresponding law. 20
(2) The commissioner may appoint a person as an authorised officer only 21
if the commissioner is satisfied the person has the necessary expertise or 22
experience to be an authorised officer. 23
3 See part 5 (Objections and appeals)
s 27 18 s 29
First Home Owner Grant
of authorised officer's powers 1
Limitation
27.(1) For this Act, an authorised officer has the powers given under this 2
Act. 3
(2) An authorised officer is subject to the directions of the commissioner 4
in exercising the powers. 5
(3) An authorised officer's powers may be limited-- 6
(a) under a regulation; or 7
(b) by notice given by the commissioner to the authorised officer. 8
officer's appointment conditions 9
Authorised
28.(1) An authorised officer holds office on the conditions stated in the 10
instrument of appointment. 11
(2) An authorised officer-- 12
(a) if the appointment provides for a term of appointment--ceases 13
holding office at the end of the term; and 14
(b) if the conditions of appointment provide--ceases holding office 15
on ceasing to hold another office stated in the appointment 16
conditions; and 17
(c) may resign by signed notice given to the commissioner. 18
officer's identity card 19
Authorised
29.(1) The commissioner must give each authorised officer an identity 20
card. 21
(2) The identity card must-- 22
(a) contain a recent photograph of the authorised officer; and 23
(b) be signed by the authorised officer; and 24
(c) identify the person as an authorised officer; and 25
(d) state an expiry date. 26
(3) A person who ceases to be an authorised officer must return the 27
identity card to the commissioner as soon as practicable, but within 21 days, 28
s 30 19 s 32
First Home Owner Grant
after the person ceases to be an authorised officer, unless the person has a 1
reasonable excuse for not returning it in the 21 days. 2
Maximum penalty--40 penalty units. 3
(4) This section does not prevent the giving of a single identity card to a 4
person for this Act and other Acts. 5
or display of authorised officer's identity card 6
Production
30.(1) An authorised officer may exercise a power in relation to a person 7
only if the authorised officer-- 8
(a) first produces the authorised officer's identity card for the 9
person's inspection; or 10
(b) has the authorised officer's identity card displayed so it is clearly 11
visible to the person. 12
(2) However, if for any reason it is not practicable to comply with 13
subsection (1) before exercising the power, the authorised officer must 14
produce the identity card as soon as it is practicable. 15
2--Investigations 16
Division
1--Cross-border investigations 17
Subdivision
may carry out investigations under corresponding laws 18
Commissioner
31. If asked by an authority responsible for administering a 19
corresponding law, the commissioner may carry out an authorised 20
investigation for the corresponding law. 21
2--General powers on investigations 22
Subdivision
on investigation 23
Powers
32.(1) For carrying out an authorised investigation, the commissioner 24
may, by written notice, require a person-- 25
s 33 20 s 33
First Home Owner Grant
(a) to give the commissioner written information stated in the notice; 1
or 2
(b) to attend at a stated time and place before the commissioner, or a 3
stated authorised officer, to answer questions relevant to the 4
investigation; or 5
(c) to produce a document relevant to the investigation to the 6
commissioner at a reasonable stated time and place. 7
(2) The commissioner may require information given, or to be given, 8
under this section be verified on oath or by statutory declaration. 9
(3) A person must not, without reasonable excuse, fail to comply with a 10
requirement under this section. 11
Maximum penalty--40 penalty units. 12
(4) A person who, having attended before the commissioner or officer in 13
response to a notice under subsection (1)(b), must not fail to answer a 14
question relevant to the investigation unless the person has a reasonable 15
excuse. 16
Maximum penalty--40 penalty units. 17
(5) It is a reasonable excuse for a person to fail to comply with a 18
requirement under subsection (3) to give information or produce a 19
document or to answer a question under subsection (4) if complying with 20
the requirement or answering the question might tend to incriminate the 21
person. 22
3--Entry of places 23
Subdivision
officer's power to enter places 24
Authorised
33.(1) An authorised officer may enter a place if-- 25
(a) its occupier consents to the entry; or 26
(b) it is a public place and the entry is made when it is open to the 27
public; or 28
(c) it is a place where a business is conducted and the entry is made 29
when-- 30
s 34 21 s 34
First Home Owner Grant
(i) the place is open for the conduct of business; or 1
(ii) is otherwise open for entry; or 2
(d) the entry is authorised by warrant. 3
(2) For the purpose of asking the occupier of a place for consent to enter, 4
an authorised officer may, without the occupier's consent or a warrant-- 5
(a) enter land around premises at the place to an extent that is 6
reasonable to contact the occupier; or 7
(b) enter part of the place the authorised officer reasonably considers 8
members of the public ordinarily are allowed to enter when they 9
wish to contact the occupier. 10
(3) For subsection (1)(c), a place of business does not include a part of 11
the place where the person resides. 12
with consent 13
Entry
34.(1) This section applies if an authorised officer intends to ask an 14
occupier of a place to consent to the authorised officer or another authorised 15
officer entering the place under section 33(1)(a). 16
(2) Before asking for the consent, the authorised officer must tell the 17
occupier-- 18
(a) the purpose of the entry; and 19
(b) that the occupier is not required to consent. 20
(3) If the consent is given, the authorised officer may ask the occupier to 21
sign an acknowledgment of the consent. 22
(4) The acknowledgment must state-- 23
(a) the occupier has been told-- 24
(i) the purpose of the entry; and 25
(ii) that the occupier is not required to consent; and 26
(b) the purpose of the entry; and 27
(c) the occupier gives the authorised officer consent to enter the place 28
and exercise powers under this division; and 29
s 35 22 s 36
First Home Owner Grant
(d) the time and date the consent was given. 1
(5) If the occupier signs the acknowledgment, the authorised officer must 2
immediately give a copy to the occupier. 3
(6) A court must find the occupier did not consent to an authorised 4
officer entering the place under this subdivision if-- 5
(a) an issue arises in a proceeding before the court whether the 6
occupier of the place consented to the entry; and 7
(b) an acknowledgment is not produced in evidence for the entry; and 8
(c) it is not proved by the person relying on the lawfulness of the 9
entry that the occupier consented to the entry. 10
for warrant 11
Application
35.(1) An authorised officer may apply to a magistrate for a warrant for a 12
place. 13
(2) The application must be sworn and state the grounds on which the 14
warrant is sought. 15
(3) The magistrate may refuse to consider the application until the 16
authorised officer gives the magistrate all the information the magistrate 17
requires about the application in the way the magistrate requires. 18
19
Example--
20
The magistrate may require additional information supporting the application to be
21
given by statutory declaration.
of warrant 22
Issue
36.(1) The magistrate may issue a warrant only if the magistrate is 23
satisfied there are reasonable grounds for suspecting-- 24
(a) there is a particular thing or activity (the "evidence") that may 25
provide evidence of an offence against this Act; and 26
(b) the evidence is at the place, or within the next 7 days, may be at 27
the place. 28
(2) The warrant must state the following-- 29
s 37 23 s 37
First Home Owner Grant
(a) the authorised officer may, with necessary and reasonable help 1
and force-- 2
(i) enter the place and any other place necessary for entry; and 3
(ii) exercise the authorised officer's powers under this division; 4
(b) the offence for which the warrant is sought; 5
(c) the hours of the day or night when the place may be entered; 6
(d) the date, within 14 days after the warrant's issue, the warrant 7
ends; 8
(e) the purpose for which the warrant is issued. 9
warrants 10
Special
37.(1) An authorised officer may apply for a warrant (a "special 11
warrant") by phone, fax, radio or another form of communication if the 12
authorised officer considers it necessary because of-- 13
(a) urgent circumstances; or 14
(b) other special circumstances, including, for example, the 15
authorised officer's remote location. 16
(2) Before applying for the special warrant, the authorised officer must 17
prepare an application stating the grounds on which the warrant is sought. 18
(3) The authorised officer may apply for the warrant before the 19
application is sworn. 20
(4) After issuing the special warrant, the magistrate must immediately 21
fax a copy to the authorised officer if it is reasonably practicable to fax the 22
copy. 23
(5) If it is not reasonably practicable to fax a copy to the authorised 24
officer-- 25
(a) the magistrate must tell the authorised officer-- 26
(i) what the terms of the warrant are; and 27
(ii) the date and time the warrant is issued; and 28
(b) the authorised officer must complete a form of warrant (a 29
"warrant form") and write on it-- 30
s 38 24 s 38
First Home Owner Grant
(i) the magistrate's name; and 1
(ii) the date and time the magistrate issued the warrant; and 2
(iii) the terms of the special warrant. 3
(6) The facsimile warrant, or the warrant form properly completed by the 4
authorised officer, authorises the entry and the exercise of the other powers 5
stated in the warrant issued by the magistrate. 6
(7) The authorised officer must, at the first reasonable opportunity, send 7
to the magistrate-- 8
(a) the sworn application; and 9
(b) if the authorised officer completed a warrant form--the 10
completed warrant form. 11
(8) On receiving the documents, the magistrate must attach them to the 12
warrant. 13
(9) A court must find the exercise of the power by an authorised officer 14
was not authorised by a special warrant if-- 15
(a) an issue arises in a proceeding before the court whether the 16
exercise of the power was authorised by a special warrant; and 17
(b) the warrant is not produced in evidence; and 18
(c) it is not proved by the person relying on the lawfulness of the 19
entry that the authorised officer obtained the warrant. 20
before entry 21
Warrants--procedure
38.(1) This section applies if an authorised officer named in a warrant 22
issued under this subdivision for a place is intending to enter the place under 23
the warrant. 24
(2) Before entering the place, the authorised officer must do or make a 25
reasonable attempt to do the following things-- 26
(a) identify himself or herself, and anyone else helping the authorised 27
officer, to a person present at the place who is an occupier of the 28
place by producing the authorised officer's identity card; 29
(b) give the person a copy of the warrant or, if the entry is authorised 30
by a facsimile warrant or warrant form mentioned in 31
s 39 25 s 39
First Home Owner Grant
section 37(6), a copy of the facsimile warrant or warrant form; 1
(c) tell the person the authorised officer is permitted by the warrant to 2
enter the place; 3
(d) give the person an opportunity to allow the authorised officer 4
immediate entry to the place without using force. 5
(3) However, the authorised officer need not comply with subsection (2) 6
if the authorised officer believes on reasonable grounds that immediate entry 7
to the place is required to ensure the effective execution of the warrant is not 8
frustrated. 9
Subdivision 4--Powers of authorised officers on entry to places 10
powers for places 11
General
39.(1) An authorised officer who enters a place under subdivision 3 may 12
exercise any of the following powers-- 13
(a) search any part of the place; 14
(b) inspect, examine, photograph or film a document or anything in 15
the place; 16
(c) take extracts from, and make copies of, any document in the 17
place; 18
(d) take into the place any equipment and materials the authorised 19
officer reasonably requires for exercising a power under this 20
division; 21
(e) require a person in the place to-- 22
(i) give the authorised officer reasonable help to exercise the 23
powers mentioned in paragraphs (a) to (d); or 24
(ii) answer questions relevant to the investigation. 25
(2) When making a requirement mentioned in subsection (1)(e), the 26
authorised officer must warn the person it is an offence to fail to comply 27
with the requirement unless the person has a reasonable excuse. 28
(3) A person required to give reasonable help under subsection (1)(e)(i) 29
or answer a question under subsection (1)(e)(ii) must comply with the 30
s 40 26 s 40
First Home Owner Grant
requirement unless the person has a reasonable excuse. 1
Maximum penalty--40 penalty units. 2
(4) If a person is required under subsection (1)(e)(i) to give reasonable 3
help by answering a question or producing a document, or under 4
subsection (1)(e)(ii) to answer a question, it is a reasonable excuse if 5
complying with the requirement might tend to incriminate the person. 6
Subdivision 5--General enforcement matters 7
of damage 8
Notice
40.(1) This section applies if-- 9
(a) an authorised officer damages property when exercising or 10
purporting to exercise a power under this division; or 11
(b) a person (the "other person") acting under the direction of an 12
authorised officer damages property. 13
(2) The authorised officer must promptly give written notice of 14
particulars of the damage to the person who appears to the authorised officer 15
to be the owner of the property. 16
(3) If the authorised officer believes the damage was caused by a latent 17
defect in the property or circumstances beyond the control of the authorised 18
officer, contractor or other person, the authorised officer may state it in the 19
notice. 20
(4) If, for any reason, it is impracticable to comply with subsection (2), 21
the authorised officer must leave the notice in a conspicuous position and in 22
a reasonably secure way where the damage happened. 23
(5) This section does not apply to damage the authorised officer 24
reasonably believes is trivial. 25
(6) In subsection (2)-- 26
"owner", of property, includes the person in possession or control of it. 27
s 41 27 s 42
First Home Owner Grant
1
Compensation
41.(1) A person may claim from the commissioner the cost of repairing 2
or replacing property damaged because of the exercise or purported exercise 3
of a power under this division. 4
(2) The cost may be claimed and ordered to be paid in a proceeding-- 5
(a) brought in a court with jurisdiction for the recovery of the amount 6
claimed; or 7
(b) for an offence against this Act brought against the person 8
claiming the amount. 9
(3) A court may order an amount be paid only if it is satisfied it is just to 10
make the order in the circumstances of the particular case. 11
(4) A regulation may prescribe matters that may, or must, be taken into 12
account by the court when considering whether it is just to make the order. 13
or misleading documents 14
False
42.(1) A person must not give to the commissioner or an authorised 15
officer a document containing information the person knows is false or 16
misleading in a material particular. 17
Maximum penalty--70 penalty units. 18
(2) Subsection (1) does not apply to a person who, when giving the 19
document-- 20
(a) tells the commissioner or officer, to the best of the person's 21
ability, how it is false or misleading; and 22
(b) if the person has, or can reasonably get, the correct 23
information--gives the correct information to the commissioner 24
or officer. 25
(3) In a proceeding for an offence against subsection (1), it is enough for 26
a charge to state that the document was, without specifying which, `false or 27
misleading'. 28
s 43 28 s 46
First Home Owner Grant
or misleading statements 1
False
43.(1) A person must not state anything to the commissioner or an 2
authorised officer the person knows is false or misleading in a material 3
particular. 4
Maximum penalty--70 penalty units. 5
(2) In a proceeding for an offence against subsection (1), it is enough for 6
a charge to state that the statement was, without specifying which, `false or 7
misleading'. 8
of authorised officers 9
Obstruction
44.(1) A person must not obstruct an authorised officer in the exercise of 10
a power, unless the person has a reasonable excuse. 11
Maximum penalty--40 penalty units. 12
(2) If a person has obstructed an authorised officer and the authorised 13
officer decides to proceed with the exercise of the power, the authorised 14
officer must warn the person that-- 15
(a) it is an offence to obstruct the authorised officer, unless the person 16
has a reasonable excuse; and 17
(b) the authorised officer considers the person's conduct is an 18
obstruction. 19
of authorised officer 20
Impersonation
45. A person must not pretend to be an authorised officer. 21
Maximum penalty--40 penalty units. 22
to particular records without fee 23
Access
46. For carrying out an authorised investigation, the commissioner may, 24
without payment of a fee, inspect and take copies of any record relevant to 25
the investigation that is kept by a public sector unit or local government. 26
s 47 29 s 48
First Home Owner Grant
Division 2--Repayments and penalties 1
may require repayment and impose penalty 2
Commissioner
47.(1) The commissioner may, by written notice, require an applicant or 3
former applicant for a first home owner grant to repay an amount paid on 4
the application if the amount was paid in error (the "error amount"). 5
(2) If the error amount was paid because of a contravention of section 42 6
or 43 in relation to the application for the grant, the commissioner may, by 7
written notice, impose a penalty of not more than the error amount (a 8
"penalty amount"). 9
(3) If an applicant or former applicant for a first home owner grant fails 10
to make a repayment required under subsection (1) or the conditions of the 11
grant, the commissioner may, by written notice impose a penalty of not 12
more than the error amount (also a "penalty amount"). 13
(4) If the error amount was paid to a third party, the commissioner, may 14
by written notice, require the third party to repay the amount to the 15
commissioner. 16
(5) A notice under this section must state the following-- 17
(a) the reasons for the decision to require the payment; 18
(b) the person may, within 60 days after receiving the notice, object to 19
the decision; 20
(c) how to object. 21
of amount paid in error etc. 22
Recovery
48.(1) This section applies to the following amounts-- 23
(a) an amount an applicant or former applicant for a first home owner 24
grant is required to repay under the conditions of the grant or 25
under a requirement under this Act; 26
(b) a penalty amount imposed on an applicant or former applicant for 27
a first home owner grant under section 47(2) or (3); 28
(c) an amount a third party is required, under section 47(4), to pay to 29
commissioner. 30
s 49 30 s 49
First Home Owner Grant
(2) The liability arising from a requirement to pay, or repay, an amount to 1
which this section applies is, if the requirement attaches to 2 or more 2
persons, joint and several. 3
(3) An amount to which this section applies is a debt payable to the 4
commissioner and may be recovered in a court of competent jurisdiction. 5
(4) The commissioner may enter into an arrangement for payment of a 6
liability outstanding under this section by instalments. 7
(5) The arrangement may include provision for the payment of interest. 8
charge over land 9
Registering
49.(1) This section applies if an applicant or former applicant who is 10
liable to pay an amount to which section 48 applies has an interest in the 11
land on which the home, for which the first home owner grant was sought, 12
is fixed. 13
(2) The liability is a charge on the applicant's interest in the land. 14
(3) The registrar must register the charge over the land if the 15
commissioner lodges with the registrar-- 16
(a) a request to register the charge in the appropriate form over the 17
land; and 18
(b) a certificate stating that-- 19
(i) the amount stated in the certificate is owing in relation to the 20
charge over the land; and 21
(ii) there is a charge over the land under this section. 22
(4) The commissioner must, as soon as practicable after payment of the 23
amount, lodge with the registrar-- 24
(a) a request to release the charge in the appropriate form; and 25
(b) a certificate stating that the amount owing in relation to the charge 26
over the land has been paid. 27
(5) The registrar must register the release of the charge over the land. 28
s 50 31 s 53
First Home Owner Grant
of writing off liability 1
Effect
50. If all or part of an applicant's liability under section 48, including the 2
applicant's liability to pay court ordered costs, is written off under the 3
Financial Administration and Audit Act 1977, section 106, the writing off 4
does not extinguish the applicant's liability or prevent a later proceeding 5
against the applicant to recover the amount of the liability. 6
amounts to be alternative to prosecution 7
Penalty
51.(1) This section applies if a penalty amount, including a part of a 8
penalty amount, becomes payable under section 47 by a person because of 9
an act or omission of the person. 10
(2) If a proceeding is started against the person for an offence against a 11
provision of this Act relating to the act or omission, and the penalty amount 12
has not been paid to the commissioner, the penalty amount is payable only 13
if the commissioner withdraws the proceeding. 14
(3) If the penalty amount has been paid to the commissioner, but a 15
proceeding is started against the person for an offence against a provision of 16
this Act arising out of the act or omission, the penalty amount must be 17
refunded by the commissioner. 18
(4) Despite subsection (3), if the commissioner withdraws the 19
proceeding for the offence, the person again becomes liable to pay the 20
penalty amount. 21
Division 3--Legal proceedings 22
in complaint 23
Statements
52. In a complaint starting a proceeding, a statement that the matter of the 24
complaint came to the complainant's knowledge on a stated day is evidence 25
of the matter. 26
certificates 27
Evidentiary
53. A certificate purporting to be signed by the commissioner stating any 28
of the following matters is evidence of the matter-- 29
s 54 32 s 56
First Home Owner Grant
(a) on a stated day-- 1
(i) a stated person was liable to pay, or paid, a stated amount; or 2
(ii) a stated person made, gave or executed a stated document; or 3
(iii) a stated document was given to a stated person in a stated 4
way; or 5
(iv) the commissioner had not received a stated document or 6
information. 7
(b) a stated document is a copy of, or part of, another document. 8
proceedings for offences 9
Summary
54. A proceeding for an offence against this Act must be taken in a 10
summary way under the Justices Act 1886. 11
proceedings must start 12
When
55. A proceeding for an offence against this Act must start-- 13
(a) within 1 year after the commission of the offence; or 14
(b) within 1 year after the offence comes to the complainant's 15
knowledge, but within 2 years after the commission of the 16
offence. 17
ART 5--OBJECTIONS AND APPEALS 18
P
Division 1--Objections 19
objection 20
Lodging
56.(1) An applicant or former applicant for a first home owner grant who 21
is dissatisfied with the commissioner's decision on an application for a first 22
home owner grant or, under section 47, to require payment of an amount, 23
may lodge a written objection with the commissioner. 24
s 57 33 s 59
First Home Owner Grant
(2) The grounds of objection must be stated fully and in detail in the 1
notice. 2
(3) The objection must be lodged within 60 days after the objector 3
receives notice of the decision. 4
(4) If the commissioner is satisfied an objector has a reasonable excuse 5
for failing to lodge an objection within the 60 day period, the commissioner 6
may extend the time for lodging the objection. 7
objection 8
Deciding
57.(1) After considering the objection, the commissioner may-- 9
(a) confirm the decision; or 10
(b) set aside the decision and substitute another decision. 11
(2) If the decision the subject of the objection was made by a delegate of 12
the commissioner, the delegate must not decide the objection. 13
of decision 14
Notice
58.(1) The commissioner must give written notice to the objector of the 15
commissioner's decision on the objection. 16
(2) The notice must state the following-- 17
(a) the reasons for the decision; 18
(b) the objector may, within 60 days after receiving the notice, appeal 19
against the decision; 20
(c) how to appeal. 21
2--Appeals 22
Division
of appeal 23
Right
59. An objector who is dissatisfied with the commissioner's decision on 24
the objection, may appeal against the decision. 25
s 60 34 s 63
First Home Owner Grant
to start appeal 1
How
60.(1) The appeal is started by-- 2
(a) filing notice of appeal with the clerk of the court of the 3
Magistrates Court nearest the place where the objection was 4
lodged; and 5
(b) giving a copy of the notice of appeal to the commissioner. 6
(2) The notice of appeal must be filed within 60 days after the appellant 7
receives notice of the commissioner's decision on the objection. 8
(3) The court may at any time extend the time for filing the notice of 9
appeal. 10
(4) The notice of appeal must state fully the grounds of the appeal and the 11
facts relied on. 12
of appeal 13
Grounds
61. The grounds of the appeal are limited to the grounds of objection 14
unless the Magistrates Court otherwise orders. 15
procedures 16
Hearing
62.(1) In deciding the appeal, the Magistrates Court-- 17
(a) is not bound by the rules of evidence; and 18
(b) must comply with natural justice; and 19
(c) may hear the appeal in court or chambers. 20
(2) An appeal is by way of rehearing. 21
on appeal 22
Decision
63.(1) On the appeal, the Magistrates Court may-- 23
(a) confirm the decision; or 24
(b) set aside the decision and substitute another decision; or 25
(c) set aside the decision and return the issue to the commissioner 26
with the directions the court considers appropriate. 27
s 64 35 s 67
First Home Owner Grant
(2) If the court substitutes another decision, the substituted decision is 1
taken for this Act, other than this part, to be the commissioner's decision. 2
to District Court 3
Appeals
64. An appeal lies to the District Court from a decision of the Magistrates 4
Court, but only on a question of law. 5
ART 6--MISCELLANEOUS PROVISIONS 6
P
7
Delegations
65.(1) The commissioner may delegate the commissioner's powers 8
under this Act to an appropriately qualified officer or employee of the 9
department. 10
(2) In addition, the commissioner may delegate the commissioner's 11
powers under part 4 to the authority responsible for administering a 12
corresponding law or an appropriately qualified officer or employee of the 13
authority. 14
agreements 15
Administration
66.(1) The commissioner may, on behalf of the State, enter into an 16
agreement with a financial institution or other person for performing 17
functions related to administering the scheme for payment of first home 18
owner grants established under this Act. 19
(2) The commissioner may, at any time, revoke the agreement. 20
from liability 21
Protection
67.(1) An official is not civilly liable for an act done, or omission made, 22
honestly and without negligence under this Act. 23
(2) If subsection (1) prevents a civil liability attaching to an official, the 24
liability attaches instead to the State. 25
s 68 36 s 68
First Home Owner Grant
(3) In this section-- 1
"official" means-- 2
(a) the commissioner; or 3
(b) an authorised officer; or 4
(c) an officer or employee of the department to whom the 5
commissioner has, under section 65, delegated powers. 6
to disclose confidential information 7
Offence
68.(1) This section applies to a person who-- 8
(a) is or has been engaged in the administration of this Act, including 9
an employee of an agent of the commissioner; or 10
(b) has obtained access to confidential information, whether directly 11
or indirectly, from a person mentioned in paragraph (a). 12
(2) The person must not disclose confidential information acquired by the 13
person to anyone else other than under subsection (3). 14
Maximum penalty--100 penalty units. 15
(3) The person may disclose confidential information-- 16
(a) at the request, or with the consent of, the person to whom the 17
information relates or someone else acting on the person's behalf; 18
or 19
(b) if the disclosure is expressly permitted or required under another 20
Act; or 21
(c) in connection with the administration or enforcement of-- 22
(i) this Act or a corresponding law; or 23
(ii) a taxation law of the Commonwealth or a State; or 24
(d) for any legal proceeding. 25
(4) In this section-- 26
"confidential information" means information-- 27
(a) given in an application for a first home owner grant; or 28
s 69 37 s 71
First Home Owner Grant
(b) given, under section 16(2)(b), in support of an application for a 1
first home owner grant. 2
of information obtained under taxation laws 3
Use
69. The commissioner may use information obtained in the 4
administration or enforcement of a taxation law for the administration or 5
enforcement of this Act. 6
forms 7
Approved
70.(1) The commissioner may approve forms for use under this Act. 8
(2) The approved form of application for a first home owner grant, or 9
part of the form, may be required to be completed or signed by the spouse 10
of the applicant. 11
power 12
Regulation-making
71.(1) The Governor in Council may make regulations under this Act. 13
(2) A regulation may provide for a maximum penalty of not more than 14
20 penalty units for a contravention of a regulation. 15
38
First Home Owner Grant
SCHEDULE 1 1
ˇ
DICTIONARY 2
section 3 3
"administration agreement" means an agreement made under section 66. 4
"agent", of the commissioner for an application for a first home owner 5
grant, means a financial institution or other person with whom the 6
commissioner has made an administration agreement. 7
"appropriately qualified", for a person to whom a power under this Act 8
may be delegated, includes having the qualifications, experience or 9
standing appropriate to exercise the power. 10
11
Example of `standing'--
12
A person's classification level in the public service.
"approved form" means a form approved under section 70. 13
"Australian citizen" means an Australian citizen under the Australian 14
Citizenship Act 1948 (Cwth), part 3. 15
"authorised investigation" means an investigation to decide-- 16
(a) whether an application under this Act or a corresponding law for a 17
first home owner grant has been properly made; or 18
(b) whether an objection to a decision made under this Act or a 19
corresponding law should be upheld; or 20
(c) whether an applicant to whom, or for whose benefit, a first home 21
owner grant has been paid under this Act or a corresponding law 22
was eligible for the grant; or 23
(d) whether a condition on which a first home owner grant has been 24
paid under this Act or a corresponding law has been complied 25
with; or 26
(e) another matter reasonably related to the administration or 27
enforcement of this Act or a corresponding law. 28
39
First Home Owner Grant
SCHEDULE 1 (continued)
"authorised officer" means a person appointed as an authorised officer 1
under section 26. 2
"building" includes part of a building. 3
"commencement date", for an eligible transaction, means-- 4
(a) for a contract for the purchase of a home or to have a home 5
built--the date when the contract is made; or 6
(b) for the building of a home by an owner builder-- 7
(i) the date when laying the foundations for the home starts; or 8
(ii) another date the commissioner considers appropriate in the 9
circumstances of the case. 10
"commissioner" means the commissioner of stamp duties under the Stamp 11
Act 1894. 12
"completed", for an eligible transaction, means-- 13
(a) for a contract for the purchase of a home-- 14
(i) when the purchaser becomes entitled to possession of the 15
home under the contract; and 16
(ii) if the purchaser is to obtain a registered title to the land on 17
which the home is built--the purchaser's title is registered; 18
or 19
(b) for a contract to have a home built--when the building is ready 20
for occupation as a home and any prescribed completion 21
requirements are complied with; or 22
(c) for the building of a home by an owner builder--when the 23
building is ready for occupation as a home and any prescribed 24
completion requirements are complied with. 25
"comprehensive home building contract" means a contract under which 26
a builder undertakes to build a home from the start of building work to 27
the point where the home is ready for occupation and, if for any 28
reason, the work to be carried out under the contract is not completed, 29
includes any further contract under which the work is to be completed. 30
"consideration", for an eligible transaction, means-- 31
40
First Home Owner Grant
SCHEDULE 1 (continued)
(a) for a contract for the purchase of a home--the consideration for 1
the purchase; or 2
(b) for a contract to have a home built--the total consideration 3
payable for the building work; or 4
(c) for the building of a home by an owner builder--the actual costs 5
to the owner of carrying out the work, excluding any allowance 6
for the owner builder's own labour. 7
"corresponding law" means an Act of another State corresponding to this 8
Act. 9
"eligibility criteria" see section 4. 10
"eligible transaction" see section 5. 11
"first home owner grant" means a grant payable under part 3. 12
"guardian", of a person under a legal disability, includes a trustee who 13
holds property on trust for the person under an instrument of trust or 14
by order or direction of a court or tribunal. 15
"home" see section 6. 16
"home owner" see section 7. 17
"obstruct" includes hinder and attempt to obstruct or hinder. 18
"occupier", of a place, includes the person apparently in charge of the place. 19
"option", to purchase, includes a right of preemption and right of first 20
refusal. 21
"owner" means-- 22
(a) for a home--see section 7; or 23
(b) for land--a person who has a relevant interest in the land. 24
"owner builder" means an owner of land who builds a home, or has a 25
home built, on the land without entering into a comprehensive home 26
building contract. 27
"penalty amount" see section 47(2) and (3). 28
"permanent resident" means the holder of a permanent visa as defined by 29
41
First Home Owner Grant
SCHEDULE 1 (continued)
the Migration Act 1958 (Cwth), section 30(1). 1
"place" includes the following-- 2
(a) vacant land; 3
(b) premises; 4
(c) a vehicle; 5
(d) a boat; 6
(e) an aircraft. 7
"premises" includes the following-- 8
(a) a building or structure of any kind; 9
(b) the land on which a building or structure is situated. 10
"prescribed completion requirements", for completion of an eligible 11
transaction, means requirements prescribed under a regulation. 12
"public place" means a place the public is entitled to use or is open to, or 13
used by, the public, whether or not on payment of an admission fee. 14
"registrar" means the registrar of titles or another person responsible for 15
keeping a register for dealings in land. 16
"relevant interest" see section 8. 17
"residence requirement" means the requirement that an applicant for a 18
first home owner grant must occupy the home to which the application 19
relates as the applicant's principal place of residence within 1 year after 20
the completion of the eligible transaction or a longer period approved 21
by the commissioner (see section 15). 22
"residential property" means land in Australia that, at a particular time, 23
has a building on it that is lawfully occupied as a place of residence or 24
is suitable for occupation as a place of residence. 25
"spouse" see section 9. 26
"structure" includes part of a structure. 27
42
First Home Owner Grant
SCHEDULE 1 (continued)
"taxation law" means a law for the assessment or imposition of a tax, fee, 1
duty or other impost. 2
© State of Queensland 2000
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