Victorian Consolidated Legislation

FIRST HOME OWNER GRANT ACT 2000

No. 5 of 2000
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions and cross-references
   4.      Homes
   5.      Ownership of land and homes
   6.      Exclusion of non-cohabiting spouse

   PART 2-FIRST HOME OWNER GRANT

           Division 1-Entitlement to grant

   7.      Entitlement to grant

           Division 2-Eligibility criteria (applicants)

   8.      Criterion 1-Applicant to be a natural person and at least 18 years of age
   9.      Criterion 2-Applicant to be Australian citizen or permanent resident
   10.     Criterion 3-Applicant (or applicant's partner) must not have been entitled to earlier grant
   11.     Criterion 4-Applicant (or applicant's partner) must not have
           had relevant interest in residential property
   12.     Criterion 5-Residence requirement

           Division 3-Eligible transactions

   13.     Eligible transaction
   13A.    Special eligible transactions

           Division 4-Application for grant

   14.     Application for grant
   15.     All interested persons to join in application
   16.     Application on behalf of person under legal disability

           Division 5-Decision on application

   17.     Commissioner to decide applications
   18.     Amount of grant
   19.     Payment of grant
   20.     Payment in anticipation of compliance with residence requirement
   21.     Conditions generally
   22.     Death of applicant
   23.     Power to correct decision
   24.     Computer-based decisions
   25.     Notification of decision

           Division 6-Objections and reviews

   26.     Objections
   27.     Determination of objection
   28.     Suspension of determination
   29.     Review
   30.     Request for further and better particulars
   31.     Grounds of review
   32.     Onus on review
   33.     Referral to Tribunal
   34.     Giving effect to decision on review

   PART 3-ADMINISTRATION

           Division 1-Administration generally

   35.     Administration
   36.     Authorised officers
   37.     Delegation
   38.     Administration agreement

           Division 2-Investigations

   39.     Authorised investigations
   40.     Cross-border investigation
   41.     Power of investigation
   42.     Powers of entry and inspection
   43.     Search warrant
   44.     Announcement before entry
   45.     Copy of warrant to be given to occupier
   46.     Self-incrimination
   46A.    Temporary grant for certain home owners who are not
           otherwise eligible for grant
   46B.    Commissioner may require information

   PART 4-MISCELLANEOUS

   47.     False and misleading information
   48.     Power to require repayment and impose penalty
   49.     Power to recover amount paid in error etc.
   49A.    Registering charge on land
   50.     Protection of confidential information
   50A.    Prohibition on secondary disclosures of information
   50B.    Further restrictions on disclosure
   51.     Evidence
   52.     Time for commencing prosecution
   53.     Appropriation of Consolidated Fund
   54.     Regulations

   PART 5-Repealed

   55.     Repealed
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           SCHEDULE 1-Municipal Councils in Regional Victoria
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details