Victorian Consolidated Legislation

First Home Owner Grant Act 2000 - SECT 49

Power to recover amount paid in error etc.

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 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 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
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 land to which the home is
affixed.

(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 (which may include
provision for the payment of interest) for payment of a liability outstanding
under this section by instalments.

(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 unwarranted.