Victorian Consolidated Legislation

First Home Owner Grant Act 2000 - SECT 3

Definitions and cross-references

3. Definitions and cross-references



(1) In this Act-

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;

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 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
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 any further
contract under which the work is to be completed;

consideration-for consideration for an eligible transaction-see section 13(7);

corresponding law means an Act of another State, or a Territory, corresponding
to this Act;

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domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  a person to whom the person is not married but with whom the person is
        living as a couple on a genuine domestic basis (irrespective of
        gender);

eligibility criteria means the criteria for 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 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 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 appointed under the
        Guardianship and Administration Act 1986;

home-see section 4;

objector means a person who lodges an objection under section 26(1);

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);

   (b)  in relation to land, means a person who has a relevant interest in the
        land;

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;

partner of a person means, subject to section 6, the person's spouse or
domestic partner;





permanent resident means-

   (a)  the holder of a permanent visa within the meaning of section 30(1) of
        the Migration Act 1958 of the Commonwealth; or

   (b)  a New Zealand citizen who is the holder of a special category visa
        within the meaning of section 32 of that Act;

relevant interest-see section 5;

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 for a continuous period of at least 6
months commencing within the 12 month period immediately after the 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 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;
special eligible transaction-see section 13A;





spouse of a person means a person to whom the person is married;

taxation law means-

   (a)  a taxing Act 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 another State or Territory that corresponds to such a taxing Act;
        or

   (b)  any law of the Commonwealth relating to taxation;

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
Victorian Civil and Administrative Tribunal Act 1998.

(2) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case.