FIRST HOME OWNER GRANT BILL 2000

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FIRST HOME OWNER GRANT BILL 2000

PARLIAMENT OF VICTORIA First Home Owner Grant Act 2000 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. Homes 5 5. Ownership of land and homes 5 6. Spouses 7 PART 2--FIRST HOME OWNER GRANT 8 Division 1--Entitlement to Grant 8 7. Entitlement to grant 8 Division 2--Eligibility Criteria (Applicants) 8 8. Criterion 1--Applicant to be a natural person 8 9. Criterion 2--Applicant to be Australian citizen or permanent resident 8 10. Criterion 3--Applicant (or applicant's spouse) must not have been entitled to earlier grant 9 11. Criterion 4--Applicant (or applicant's spouse) must not have had relevant interest in residential property 9 12. Criterion 5--Residence requirement 10 Division 3--Eligible Transactions 10 13. Eligible transaction 10 Division 4--Application for Grant 13 14. Application for grant 13 15. All interested persons to join in application 14 16. Application on behalf of person under legal disability 14 Division 5--Decision on Application 15 17. Commissioner to decide applications 15 18. Amount of grant 15 19. Payment of grant 15 i 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

Clause Page 20. Payment in anticipation of compliance with residence requirement 16 21. Conditions generally 17 22. Death of applicant 17 23. Power to correct decision 18 24. Computer-based decisions 18 25. Notification of decision 19 Division 6--Objections and Reviews 19 26. Objections 19 27. Determination of objection 20 28. Suspension of determination 20 29. Review 20 30. Request for further and better particulars 21 31. Grounds of review 22 32. Onus on review 22 33. Referral to Tribunal 22 34. Giving effect to decision on review 22 PART 3--ADMINISTRATION 24 Division 1--Administration Generally 24 35. Administration 24 36. Authorised officers 24 37. Delegation 24 38. Administration agreement 24 Division 2--Investigations 25 39. Authorised investigations 25 40. Cross-border investigation 26 41. Power of investigation 26 42. Powers of entry and inspection 27 43. Search warrant 29 44. Announcement before entry 30 45. Copy of warrant to be given to occupier 30 46. Self-incrimination 31 PART 4--MISCELLANEOUS 32 47. False and misleading information 32 48. Power to require repayment and impose penalty 32 49. Power to recover amount paid in error etc. 33 50. Protection of confidential information 34 51. Evidence 35 52. Time for commencing prosecution 35 53. Appropriation of Consolidated Fund 35 ii 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

Clause Page 54. Regulations 36 PART 5--CONSEQUENTIAL AMENDMENT 37 55. Victorian Civil and Administrative Tribunal Act 1998 37 NOTES 38 iii 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

PARLIAMENT OF VICTORIA Initiated in Assembly 1 March 2000 As amended by Assembly 21 March 2000 A BILL to encourage and assist 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, and for other purposes. First Home Owner Grant Act 2000 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to encourage and assist home ownership, and to offset the effect of the 5 GST on home ownership, by establishing a scheme for the payment of grants to first home owners. 1 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 2 Act No. 2. Commencement This Act comes into operation on 1 July 2000. 3. Definitions In this Act-- 5 "Australian citizen" means an Australian citizen within the meaning of the Australian Citizenship Act 1948 of the Commonwealth; "authorised investigation"--see section 39; "authorised officer"--see section 36; 10 "building" includes part of a building; "commencement date" of an eligible transaction--see section 13(4); "Commissioner" means Commissioner of State Revenue under the Taxation 15 Administration Act 1997; "completed"--for completion of an eligible transaction--see section 13(5); "comprehensive home building contract" means a contract under which a builder 20 undertakes to build a home on land from the inception of the building work to the point where the home is ready for occupation and if, for any reason, the work carried out under such a contract is not completed, includes 25 any further contract under which the work is to be completed; "consideration"--for consideration of an eligible transaction--see section 13(7); "corresponding law" means an Act of another 30 State, or a Territory, corresponding to this Act; 2 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 3 Act No. "de facto spouse" means a person who is living with a person of the opposite sex as if they were legally married although they are not; "eligibility criteria" means the criteria for 5 determining whether an applicant for a first home owner grant is eligible for the grant (see Division 2 of Part 2); "eligible transaction"--see section 13(1); "first home owner grant" means a grant 10 authorised under section 17; "first home owner grant scheme" means the scheme for payment of first home owner grants established under this Act; "guardian" of a person under a legal disability 15 includes-- (a) a trustee who holds property on trust for the person under an instrument of trust or direction of a court or tribunal; (b) an administrator of the person's estate 20 appointed under the Guardianship and Administration Act 1986; "home"--see section 4; "objector" means a person who lodges an objection under section 26(1); 25 "option to purchase" includes a right of pre- emption or a right of first refusal; "owner"-- (a) in relation to a home, has the meaning given by section 5(1); 30 (b) in relation to land, means a person who has a relevant interest in the land; 3 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 3 Act No. "owner builder" means an owner of land who builds a home, or has a home built, on the land without entering into a comprehensive home building contract; 5 "permanent resident" means the holder of a permanent visa within the meaning of section 30 of the Migration Act 1958 of the Commonwealth; "relevant interest"--see section 5; 10 "residence requirement" means the requirement that an applicant for a first home owner grant must occupy the home to which the application relates as the applicant's principal place of residence within 12 months after the 15 completion of the eligible transaction or a longer period approved by the Commissioner (see section 12); "residential property"--land in Australia is residential property at a particular time if 20 there is a building on the land lawfully occupied as a place of residence or suitable for occupation as a place of residence at that time; "spouse"--see section 6; 25 "taxation law" means-- (a) a "taxing law" within the meaning of clause 2 in Part 1 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 and any law of 30 another State or Territory that corresponds to such a taxing law; or (b) any law of the Commonwealth relating to taxation; 4 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 4 Act No. "terms contract" has the same meaning as in section 2(1) of the Sale of Land Act 1962; "Tribunal" means Victorian Civil and Administrative Tribunal established by the 5 Victorian Civil and Administrative Tribunal Act 1998. 4. Homes A home is a building (affixed to land) that-- (a) may lawfully be used as a place of residence; 10 and (b) is, in the Commissioner's opinion, a suitable building for use as a place of residence. 5. Ownership of land and homes (1) A person is an owner of a home or a home owner 15 if the person has a relevant interest in land on which a home is built. (2) Each of the following is, subject to sub-section (3) a relevant interest in land-- (a) an estate in fee simple in the land; or 20 (b) a life estate in the land approved by the Commissioner; or (c) a perpetual lease of the land granted by the Commonwealth or the State; or (d) a leasehold interest in the land granted by the 25 Commonwealth or the State that may be converted under the terms of the lease or by statute into an estate in fee simple; or (e) an interest as purchaser under a contract for the purchase from the Commonwealth or the 30 State of an estate in fee simple in the land by instalments; or 5 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 5 Act No. (f) an interest as purchaser of an estate in fee simple under a terms contract; or (g) a licence or right of occupancy granted by the Commonwealth or the State that gives, in 5 the Commissioner's opinion, the licensee or the holder of the right reasonable security of tenure; or (h) an interest in a company's shares if the Commissioner is satisfied that-- 10 (i) the interest entitles the holder of the interest to exclusive occupation of a specified home owned by the company; and (ii) the value of the shares is not less than 15 the value of the company's interest in the home. (3) Subject to sub-section (4)-- (a) an interest is not a relevant interest at a particular time unless the holder of the 20 interest has, or will have within 12 months after that time (or a longer time allowed by the Commissioner), a right to immediate occupation of the land; (b) an interest is not a relevant interest in the 25 hands of a person who holds it subject to a trust; (c) an equitable interest is not a relevant interest unless it is the interest of a person under a legal disability for whom a guardian holds 30 the interest on trust. (4) The regulations may provide for recognition of an interest as a relevant interest whether or not-- (a) the interest conforms with sub-section (3) ; and 6 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 6 Act No. (b) the interest is recognised at law or in equity as an interest in land. (5) If a first home owner grant is to be paid in consequence of the recognition of an interest as a 5 relevant interest under sub-section (4), the Commissioner may impose appropriate conditions on the payment of the grant to ensure its recovery if criteria prescribed in the regulations about future conduct or events are not satisfied. 10 6. Spouses (1) A person is the spouse of another if-- (a) they are legally married to each other; or (b) they are de facto spouses of each other. (2) If the Commissioner is satisfied that, at the time of 15 deciding an application for a first home owner grant, an applicant-- (a) is legally married but not cohabiting with the person to whom the applicant is legally married; and 20 (b) has no intention of resuming cohabitation-- the person to whom the applicant is legally married is not to be regarded as the applicant's spouse. _______________ 25 7 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 7 Act No. PART 2--FIRST HOME OWNER GRANT Division 1--Entitlement to Grant 7. Entitlement to grant (1) A first home owner grant is payable on an 5 application under this Act if-- (a) the applicant or, if there are 2 or more of them, each of the applicants complies with the eligibility criteria; and (b) the transaction for which the grant is 10 sought-- (i) is an eligible transaction; and (ii) has been completed. (2) Despite sub-section (1)(a), an applicant need not comply with the eligibility criteria to the extent 15 that the applicant is exempted from compliance by or under this Act. (3) Only 1 first home owner grant is payable for the same eligible transaction. Division 2--Eligibility Criteria (Applicants) 20 8. Criterion 1--Applicant to be a natural person An applicant for a first home owner grant must be a natural person. 9. Criterion 2--Applicant to be Australian citizen or permanent resident 25 (1) Subject to sub-section (2), an applicant for a first home owner grant must be an Australian citizen or a permanent resident. (2) If an application is made by joint applicants and 1 of the applicants is an Australian citizen or a 8 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 10 Act No. permanent resident, it is not necessary for the other or others to be Australian citizens or permanent residents. 10. Criterion 3--Applicant (or applicant's spouse) must 5 not have been entitled to earlier grant (1) Subject to sub-section (2), an applicant is ineligible if-- (a) the applicant or the applicant's spouse has been a party to an earlier application under 10 this Act or a corresponding law; and (b) a grant was paid on the application. (2) An applicant is not ineligible if the grant was paid but later paid back under the conditions on which the grant was made. 15 (3) An applicant is also ineligible if the applicant or the applicant's spouse could have successfully applied for a first home owner grant under this Act or a corresponding law in respect of an earlier transaction to which he or she was a party but did 20 not do so. 11. Criterion 4--Applicant (or applicant's spouse) must not have had relevant interest in residential property (1) An applicant is ineligible if the applicant or the applicant's spouse has, before 1 July 2000, held-- 25 (a) a relevant interest in residential property in Victoria; or (b) an interest in residential property in another State or a Territory that is a relevant interest under the corresponding law of that State or 30 Territory. (2) In working out for the purposes of sub-section (1) whether an applicant or the applicant's spouse held a relevant interest (within the meaning of this Act or a corresponding law) in residential 9 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 12 Act No. property at a particular time, any deferment of the right of occupation (because the property was subject to a lease or for any other reason) is to be disregarded. 5 12. Criterion 5--Residence requirement (1) An applicant for a first home owner grant must occupy the home to which the application relates as the applicant's principal place of residence within 12 months after completion of the eligible 10 transaction or a longer period approved by the Commissioner. (2) The Commissioner may exempt an applicant (the "non-complying applicant") from the residence requirement if-- 15 (a) the applicant is 1 of 2 or more joint applicants for a first home owner grant; and (b) at least 1 of the applicants complies with the residence requirement; and (c) there are, in the Commissioner's opinion, 20 good reasons to exempt the non-complying applicant from the residence requirement. Division 3--Eligible Transactions 13. Eligible transaction (1) An eligible transaction is-- 25 (a) a contract made on or after 1 July 2000 for the purchase of a home in the State; (b) a comprehensive home building contract made on or after 1 July 2000 by the owner of land in the State, or a person who will on 30 completion of the contract be the owner of land in the State, to have a home built on the land; 10 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 13 Act No. (c) the building of a home in the State by an owner builder if the building work commences on or after 1 July 2000. (2) A contract is a contract for the purchase of a home 5 if the contract is a contract for the acquisition of a relevant interest in land on which a home is built. (3) However, a contract made on or after 1 July 2000 is not an eligible transaction if-- (a) in the case of a contract to purchase a 10 home--the purchaser had an option to purchase the home granted before that date or the vendor had an option to require the purchaser to purchase the home granted before that date; or 15 (b) in the case of a comprehensive building contract--either party had a right or option granted before that date to require the other to enter into the contract-- unless the Commissioner is satisfied that the 20 option or right does not form part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant. (4) The commencement date of an eligible transaction 25 is-- (a) in the case of a contract--the date on which the contract is made; (b) in the case of the building of a home by an owner builder-- 30 (i) the date when laying the foundations for the home commences; or (ii) another date the Commissioner considers appropriate in the circumstances of the case. 11 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 13 Act No. (5) An eligible transaction is completed when-- (a) in the case of a contract for the purchase of a home-- (i) the purchaser becomes entitled to 5 possession of the home under the contract; and (ii) if further requirements for the completion of the transaction are laid down in the regulations--the further 10 requirements are complied with; (b) in the case of a contract to have a home built-- (i) the building is ready for occupation as a place of residence; and 15 (ii) if further requirements for the completion of the transaction are laid down in the regulations--the further requirements are complied with; (c) in the case of the building of a home by an 20 owner builder-- (i) the building is ready for occupation as a place of residence; and (ii) if further requirements for the completion of the transaction are laid 25 down in the regulations--the further requirements are complied with. (6) If a person purchases a moveable building and intends to use it as a place of residence on land in which the person has a relevant interest but on 30 which it is not situated at the time of purchase-- (a) this Act applies as if the person were an owner builder building a home on the land; and 12 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 14 Act No. (b) the commencement date of the transaction is taken to be the date of the contract to purchase the moveable building; and (c) the transaction is taken to be completed 5 when the moveable building is ready for occupation as a place of residence on land in which the purchaser has a relevant interest. (7) The consideration for an eligible transaction is-- (a) in the case of a contract for the purchase of a 10 home--the consideration for that purchase; (b) in the case of a comprehensive home building contract--the total consideration payable for the building work; (c) in the case of the building of a home by an 15 owner builder--the actual costs to the owner of carrying out the work (excluding any allowance for the owner builder's own labour). Division 4--Application for Grant 20 14. Application for grant (1) An application for a first home owner grant is to be made to the Commissioner. (2) An application-- (a) must be in a form approved by the 25 Commissioner; and (b) must contain information required by the Commissioner about the applicant and, if the Commissioner so requires, about the applicant's spouse; and 30 (c) must be signed by the applicant and, if the Commissioner so requires, by the applicant's spouse. 13 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 15 Act No. (3) An applicant and an applicant's spouse must provide the Commissioner with any further information the Commissioner requires to decide the application. 5 (4) Information provided by an applicant or applicant's spouse in or in relation to an application must, if the Commissioner so requires, be verified by statutory declaration or supported by other evidence required by the Commissioner. 10 (5) An application may only be made within a period (the "application period")-- (a) commencing on the commencement date of the eligible transaction to which the application relates; and 15 (b) ending 12 months after the completion of the eligible transaction to which the application relates. (6) However, the Commissioner has a discretion to allow an application before or after the application 20 period. (7) An applicant may amend an application. 15. All interested persons to join in application (1) All interested persons must be applicants. (2) An interested person is a person who was, or will 25 be, on completion of the eligible transaction to which the application relates, an owner of the relevant home except such a person who is excluded from the application of this section under the regulations. 30 16. Application on behalf of person under legal disability (1) An application may be made on behalf of a person under a legal disability by a guardian. 14 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 17 Act No. (2) For the purposes of determining eligibility, the person under the legal disability is to be regarded as the applicant. Division 5--Decision on Application 5 17. Commissioner to decide applications (1) If the Commissioner is satisfied that a first home owner grant is payable on an application, the Commissioner must authorise the payment of the grant. 10 (2) The Commissioner may authorise the payment of a first home owner grant before completion of the eligible transaction if satisfied that-- (a) there are good reasons for doing so; and (b) the interests of the State can be adequately 15 protected by conditions requiring repayment of the grant if the transaction is not completed within a reasonable time. 18. Amount of grant The amount of a first home owner grant is the 20 lesser of the following-- (a) the consideration for the eligible transaction; (b) $7000. 19. Payment of grant (1) A first home owner grant is to be paid by 25 electronic funds transfer, by cheque or in any other way the Commissioner thinks appropriate. (2) A first home owner grant is to be paid-- (a) in the case of a sole applicant-- (i) to the applicant; or 15 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 20 Act No. (ii) to some other person to whom the applicant directs in writing that the grant be paid; or (b) in the case of joint applicants-- 5 (i) to each applicant in equal shares; or (ii) to some other person to whom the applicants direct in writing jointly that the grant be paid. (3) If the applicant requests, the Commissioner may 10 apply the amount of a first home owner grant, or part of the amount, against stamp duty payable on-- (a) the conveyance of the relevant interest in respect of which the grant is made; 15 (b) a mortgage relating to the acquisition of the relevant interest in respect of which the grant is made. 20. Payment in anticipation of compliance with residence requirement 20 (1) The Commissioner may authorise the payment of a first home owner grant in anticipation of compliance with the residence requirement if the Commissioner is satisfied that each applicant who is required to comply but has not yet complied 25 with the residence requirement, intends to occupy the home as his or her principal place of residence within 12 months after completion of the eligible transaction or a longer period allowed by the Commissioner. 30 (2) If a first home owner grant is paid in anticipation of compliance with the residence requirement, the payment is made on condition that, if the residence requirement is not complied with, the applicant must within 14 days after the end of the 35 period allowed for compliance-- 16 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 21 22 Act No. (a) give written notice of that fact to the Commissioner; and (b) repay the amount of the grant. (3) A person must comply with the condition imposed 5 by sub-section (2). Penalty: 60 penalty units. 21. Conditions generally (1) The Commissioner may authorise the payment of a first home owner grant on conditions the 10 Commissioner considers appropriate. (2) A condition imposed by the Commissioner (under this section or any other provision of this Act) may require a person on whose application the first home owner grant is paid-- 15 (a) to give notice of non-compliance with the condition within a period stated in the condition; and (b) to repay the grant within a period stated in the condition. 20 (3) In the case of a joint application, each applicant is individually liable to comply with a requirement under sub-section (2) but compliance by any 1 or more of them is to be regarded as compliance by both or all. 25 (4) A person must comply with a condition imposed by the Commissioner (under this section or any other provision of this Act). Penalty: 60 penalty units. 22. Death of applicant 17 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 Act No. (1) An application for a first home owner grant does not lapse because an applicant dies before the application is decided. (2) If an applicant dies before the application is 5 decided, the following provisions apply-- (a) if the deceased was 1 of 2 or more applicants and 1 or more applicants survive, the application is to be dealt with as if the surviving applicants were the sole 10 applicants; (b) in any other case, a first home owner grant, if payable on the application, is to be paid to the estate of the deceased. (3) If a deceased applicant for a first home owner 15 grant had not, by the date of death, occupied the home to which the application relates as the applicant's principal place of residence but the Commissioner is satisfied that he or she intended to do so within 12 months after completion of the 20 eligible transaction or a longer period allowed by the Commissioner, the residence requirement is satisfied. 23. Power to correct decision (1) If the Commissioner decides an application and is 25 later satisfied (independently of an objection under this Act) that the decision is incorrect, the Commissioner may vary or reverse the decision. (2) A decision cannot be varied or reversed under this section more than 5 years after it was made. 30 24. Computer-based decisions The Commissioner may direct that a decision in relation to an application for, or payment of, a first home owner grant is to be made by the operation of a computer program approved by the 35 Commissioner. 18 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 25 Act No. 25. Notification of decision (1) When the Commissioner decides an application (or decides to vary or reverse an earlier decision on an application) the Commissioner must give 5 the applicant notice of the decision. (2) If the decision is to authorise the payment of a first home owner grant without conditions, the payment of the grant is sufficient notice of the decision. 10 (3) If the decision is to refuse an application, or to vary or reverse an earlier decision on an application, or to impose conditions on the payment of the grant, the Commissioner must state in the notice the reasons for the decision. 15 Division 6--Objections and Reviews 26. Objections (1) An applicant for a first home owner grant may lodge a written objection with the Commissioner if the applicant is dissatisfied with the 20 Commissioner's decision on the application (including a decision to reverse or vary an earlier decision). (2) The grounds for the objection must be stated fully and in detail, and must be in writing. 25 (3) On an objection, the objector has the onus of proving the objector's case. (4) The objection must be lodged with the Commissioner within 60 days after the date of the notice of decision. 30 (5) If the Commissioner is satisfied that the applicant has a reasonable excuse for failing to lodge the objection within the 60-day period, the 19 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 27 29 Act No. Commissioner may extend the time for lodging the objection. (6) An objection is taken to have been lodged with the Commissioner when it is received by the 5 Commissioner. 27. Determination of objection (1) The Commissioner must consider an objection and either allow the objection in whole or in part or disallow the objection. 10 (2) The Commissioner may determine an objection that is subject to a right of review at any time before the hearing of the review proceedings commences. (3) The Commissioner must give notice in writing to 15 the objector of the determination of the objection. (4) The Commissioner must, in the notice, give the reasons for disallowing an objection or for allowing an objection in part only. 28. Suspension of determination 20 (1) The Commissioner may suspend the determination of an objection for any period during which the objector, or another person having information relevant to the objection, fails to provide information relevant to the objection 25 that the Commissioner has requested under this Act. (2) The Commissioner must give the objector written notice of the suspension and the suspension takes effect on service of the notice. 30 29. Review (1) If-- 20 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 Act No. (a) an objector is dissatisfied with the Commissioner's determination of the objection; or (b) 90 days (not including any period of 5 suspension under section 28) have passed since the objection was received by the Commissioner and the Commissioner has not determined the objection-- the objector, in writing, may request the 10 Commissioner to refer the matter to the Tribunal. (2) The objector's request-- (a) in the circumstances referred to in sub- section (1)(a), must be made within 60 days after the date of service on the objector of 15 the notice of the Commissioner's determination of the objection; or (b) in the circumstances referred to in sub- section (1)(b), may be made at any time after the 90-day period (not including any period 20 of suspension under section 28). (3) Subject to section 30, within 60 days after the request, the Commissioner must refer the matter to the Tribunal for review. 30. Request for further and better particulars 25 (1) Within 30 days after receiving a request to refer a matter for review, the Commissioner may require the objector to give further and better particulars of the objection. (2) If, within 30 days after giving the notice-- 30 (a) particulars are given, the Commissioner is not bound to refer the matter for review until 21 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 31 Act No. 30 days after the Commissioner has received full details of the objection; or (b) particulars are not given, the Commissioner must not refer the matter for review. 5 31. Grounds of review On a review-- (a) the objector's case is limited to the grounds of the objection; and (b) the Commissioner's case is limited to the 10 grounds on which the objection was disallowed-- unless the Tribunal otherwise orders. 32. Onus on review On a review, the objector has the onus of proving 15 the objector's case. 33. Referral to Tribunal (1) The Tribunal must review a matter referred to it and, subject to sub-section (2), may confirm or vary the decision on the application for a first 20 home owner grant. (2) If the objector does not appear before the Tribunal, the Tribunal must confirm the decision. However, if good cause is shown, the Tribunal, within the time prescribed by the regulations, may 25 re-open and review the matter. 34. Giving effect to decision on review (1) Within 60 days after the decision on review becomes final, the Commissioner must take any action that is necessary to give effect to it. 30 (2) If no appeal to a court from a decision of the Tribunal on a review is instituted within 30 days after the day on which the decision is made, the 22 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 34 Act No. decision is to be taken, for the purposes of this section, to have become final at the end of that period. _______________ 5 23 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 35 Act No. PART 3--ADMINISTRATION Division 1--Administration Generally 35. Administration The Commissioner has the general administration 5 of this Act and the regulations. 36. Authorised officers (1) The Commissioner is an authorised officer for the purposes of this Act. (2) Persons who are appointed as authorised officers 10 under the Taxation Administration Act 1997 are authorised officers for the purposes of this Act. 37. Delegation The Commissioner, by instrument, may delegate any function or power of the Commissioner, other 15 than this power of delegation, to any person employed or engaged in the administration or enforcement of this Act or another law under the general administration of the Commissioner. 38. Administration agreement 20 (1) The Commissioner may enter into an agreement (an "administration agreement") with a financial institution or other person for carrying out functions related to the administration of the first home owner grant scheme. 25 (2) An administration agreement must include any conditions prescribed by the regulations. 24 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 39 Act No. (3) A financial institution or other person that undertakes to carry out administrative functions under an administration agreement must not contravene a prescribed condition of the 5 agreement. Penalty: 120 penalty units. (4) The Commissioner may terminate an administration agreement at any time. Division 2--Investigations 10 39. Authorised investigations An authorised investigation is an investigation to determine-- (a) whether an application under this Act or a corresponding law for a first home owner 15 grant has been properly made; or (b) whether an objection to a decision made under this Act or a corresponding law should be allowed in whole or in part or disallowed; or 20 (c) whether an applicant to whom, or for whose benefit, a first home owner grant has been paid under this Act or a corresponding law was eligible for the grant; or (d) whether a condition on which a first home 25 owner grant has been paid under this Act or a corresponding law has been complied with; or (e) any other matter reasonably related to the administration or enforcement of this Act or 30 a corresponding law. 25 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 40 Act No. 40. Cross-border investigation (1) The Commissioner may, at the request of an authority responsible for administering a corresponding law, carry out an authorised 5 investigation for the purposes of the corresponding law. (2) The Commissioner may delegate powers of investigation under this Division to the authority responsible for the administration of a 10 corresponding law, or an appropriately qualified officer or employee of that authority nominated by it. 41. Power of investigation (1) For the purposes of an authorised investigation, 15 the Commissioner may, by written notice, require a person-- (a) to give the Commissioner written information specified in the notice; or (b) to attend at a specified time and place before 20 the Commissioner or an authorised officer to answer questions relevant to the investigation; or (c) to produce a document to the Commissioner at a specified time and place. 25 (2) The Commissioner may require information or evidence that is not given orally to be provided in the form of, or verified by, a statutory declaration. (3) The Commissioner may require evidence that is given orally to be given on oath and for that 30 purpose the Commissioner or an authorised officer may administer an oath. 26 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 42 Act No. (4) The person to whom the notice is given must comply with the notice within the period specified in the notice or any extended period allowed by the Commissioner. 5 Penalty: 60 penalty units in the case of a natural person; 120 penalty units in the case of a body corporate. 42. Powers of entry and inspection 10 (1) An authorised officer may, for the purposes of an authorised investigation, exercise any of the following powers-- (a) inspect premises and any thing found at the premises; 15 (b) require a person to produce a document relevant to the investigation for inspection and (if necessary) to operate a computer or other device in which information is stored to produce a document in understandable 20 form; (c) retain a document for inspection, to make a copy of it, or to take extracts from it; (d) require a person to answer questions relevant to the investigation; 25 (e) require a person to give the authorised officer other assistance that may be reasonable in the circumstances to carry out the authorised investigation. (2) An authorised officer may enter premises for the 30 purposes of an authorised investigation-- (a) with the consent of the occupier; or (b) on the authority of a warrant issued under section 43. 27 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 42 Act No. (3) An occupier who consents in writing to entry and inspection of his or her premises under this section must be given a copy of the signed consent immediately. 5 (4) An authorised officer may not exercise any powers under this section if the authorised officer fails to produce, on request, his or her identity card issued under the Taxation Administration Act 1997 for inspection by the occupier of the 10 premises. (5) An authorised officer may be accompanied by any assistants the authorised officer reasonably requires to carry out an authorised investigation. (6) A person must not-- 15 (a) hinder or obstruct an authorised officer who is carrying out an authorised investigation or a person assisting the authorised officer; or (b) use abusive, threatening or insulting language to an authorised officer who is 20 carrying out an authorised investigation or a person assisting an authorised officer; or (c) refuse or fail, without reasonable excuse, to comply with a requirement made by an authorised officer in the exercise of powers 25 conferred by this section; or (d) answer a question put by an authorised officer under this section knowing that the answer is false or misleading. Penalty: 60 penalty units in the case of a natural 30 person; 120 penalty units in the case of a body corporate. 28 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 43 Act No. 43. Search warrant (1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the authorised officer 5 believes on reasonable grounds that there is, or may be within the next 72 hours, on the premises a particular thing that may be relevant to the administration or execution of this Act. (2) If a magistrate is satisfied by the evidence on oath, 10 whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on the premises a particular thing that may be relevant to the administration or execution of this Act, the 15 magistrate may issue a search warrant authorising an authorised officer named in the warrant and any assistants the authorised officer considers necessary-- (a) to enter the premises, or the part of premises, 20 named or described in the warrant; and (b) to search for and seize, or secure against interference, a thing named or described in the warrant; and (c) if reasonably necessary for the purposes 25 referred to in paragraph (b), to break open any receptacle in or on the premises. (3) In addition to any other requirement, a search warrant issued under this section must state-- (a) the premises to be searched; and 30 (b) a description of the thing for which the search is to be made; and (c) any conditions to which the warrant is subject; and 29 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 44 Act No. (d) whether entry is authorised to be made at any time or during stated hours; and (e) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to 5 have effect. (4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (5) The rules to be observed with respect to search 10 warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. 44. Announcement before entry (1) Before executing a search warrant, the authorised 15 officer named in the warrant or a person assisting the authorised officer must announce that he or she is authorised by the warrant to enter the premises and give any person at the premises an opportunity to allow entry to the premises. 20 (2) The authorised officer or a person assisting the authorised officer need not comply with sub- section (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure-- 25 (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. 45. Copy of warrant to be given to occupier If the occupier or another person who apparently 30 represents the occupier is present at premises when a search warrant is being executed, the authorised officer must-- (a) identify himself or herself to that person by producing his or her identity card issued 30 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 46 Act No. under the Taxation Administration Act 1997 for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. 5 46. Self-incrimination (1) A person is not excused from answering a question, providing information or producing a document or thing, when required to do so under this Act, on the ground that to do so might tend to 10 incriminate the person or make the person liable to a penalty. (2) However, if the person objects to answering the question, providing the information or producing the document or thing on that ground, the answer, 15 information, document or thing is not admissible against the person in any criminal proceedings other than-- (a) proceedings for an offence against this Act; or 20 (b) proceedings for an offence in the nature of perjury. _______________ 31 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 47 Act No. PART 4--MISCELLANEOUS 47. False and misleading information (1) A person must not make a false or misleading statement in or in connection with an application 5 for a first home owner grant. Penalty: 60 penalty units. (2) A person is not guilty of an offence against sub- section (1) if the court hearing the charge is satisfied that the person did not know that the 10 statement was false or misleading. (3) A person must not omit from a statement made in or in connection with an application for a first home owner grant any matter or thing without which the statement is, to the person's knowledge, 15 false or misleading in a material particular. Penalty: 60 penalty units. 48. Power to require repayment and impose penalty (1) The Commissioner may, by written notice, require an applicant (or former applicant) for a first home 20 owner grant to repay an amount paid on the application if-- (a) the amount was paid in error; or (b) the Commissioner reverses the decision under which the amount was paid for any 25 other reason. (2) If, as a result of an applicant's dishonesty, an amount is paid by way of a first home owner grant, the Commissioner may, by the notice in which repayment is required or a separate notice, 30 impose a penalty not exceeding the amount the applicant is required to repay. 32 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 49 Act No. (3) If an applicant (or former applicant) for a first home owner grant fails to make a repayment required under this section or the conditions of the grant, the Commissioner may, by written notice, 5 impose a penalty not exceeding the amount the applicant is required to repay. 49. Power to recover amount paid in error etc. (1) This section applies to the following amounts-- (a) an amount that an applicant (or former 10 applicant) for a first home owner grant is required to repay under the conditions of the grant or by requirement of the Commissioner under this Act; (b) an amount of a penalty imposed on an 15 applicant (or former applicant) for a first home owner grant. (2) An applicant for a first home owner grant is liable to pay an amount to which this section applies to the Commissioner and, if there are 2 or more 20 applicants, the liability is joint and several. (3) If an applicant who is liable to pay an amount to which this section applies has an interest in the home for which the first home owner grant was sought, the liability is a first charge on the 25 applicant's interest in that home. (4) The Commissioner may recover an amount to which this section applies as a debt due to the State. (5) The Commissioner may enter into an arrangement 30 (which may include provision for the payment of interest) for payment of a liability outstanding under this section by instalments. 33 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 50 Act No. (6) The 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 5 unwarranted. 50. Protection of confidential information (1) In this section-- "protected information" means information about an applicant or applicant's spouse for a 10 first home owner grant obtained under or in relation to the administration of this Act. (2) A person is subject to a duty of confidentiality if-- (a) the person is, or has been, engaged in the 15 administration or enforcement of this Act; or (b) the person has obtained access to protected information (directly or indirectly) from a person who is, or has been, engaged in the administration or enforcement of this Act. 20 (3) A person who is subject to a duty of confidentiality must not disclose protected information except as permitted by sub-section (4). Penalty: 60 penalty units. 25 (4) Protected information may be disclosed-- (a) at the request or with the consent of the person to whom the information relates or a person acting on that person's behalf; or (b) in connection with the administration or 30 enforcement of-- (i) this Act or a corresponding law; or (ii) a taxation law; or 34 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 51 Act No. (c) for the purposes of legal proceedings; or (d) as authorised under the regulations. (5) For the purposes of the Freedom of Information Act 1982, protected information is information of 5 a kind to which section 38 of that Act applies. 51. Evidence (1) A certificate signed by the Commissioner stating that a first home owner grant was paid to a person named in the certificate on a specified date is 10 admissible in legal proceedings as evidence of the payment. (2) A copy of a notice issued by the Commissioner imposing a penalty under this Act is admissible in legal proceedings as evidence of the imposition of 15 the penalty. (3) A copy of a notice issued by the Commissioner requiring the payment or repayment of a specified amount is admissible in legal proceedings as evidence-- 20 (a) that the requirement was made; and (b) that the amount specified in the notice was outstanding at the date of the notice. 52. Time for commencing prosecution A prosecution for an offence against this Act may 25 be commenced at any time within 3 years after the alleged commission of the offence. 53. Appropriation of Consolidated Fund If the Commissioner is required to pay an amount under this Act, the amount is to be paid from the 30 Consolidated Fund which is appropriated by this section to the necessary extent. 35 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 54 Act No. 54. Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or that is 5 necessary to be prescribed to give effect to this Act. (2) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units. _______________ 10 36 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 s. 55 Act No. PART 5--CONSEQUENTIAL AMENDMENT 55. Victorian Civil and Administrative Tribunal Act 1998 In clause 2 in Part 1 of Schedule 1 to the Victorian Civil and Administrative Tribunal 5 Act 1998, in the definition of "taxing Act", after paragraph (i) insert-- "(j) First Home Owner Grant Act 2000.". 37 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

First Home Owner Grant Act 2000 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 38 541030B.A1-22/3/2000 BILL LA AS SENT 22/3/2000

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