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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
First Home Owner Grant Amendment Bill 2002
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 12 amended 2
5. Section 14B amended 3
6. Section 19 amended 6
7. Section 21 amended 6
8. Section 26 amended 7
9. Section 52 amended 7
10. Saving of right to object 7
page i
105--2
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
First Home Owner Grant Amendment Bill 2002
A Bill for
An Act to amend the First Home Owner Grant Act 2000 and for
related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the First Home Owner Grant
Amendment Act 2002.
page 1
First Home Owner Grant Amendment Bill 2002
s. 2
2. Commencement
(1) Subject to subsections (2) and (3), this Act comes into operation
on the day on which it receives the Royal Assent.
(2) Section 5 (except section 5(5)) and section 6 are to be taken to
5 have come into operation on 9 October 2001.
(3) Section 5(5) is to be taken to have come into operation on
9 March 2001.
3. The Act amended
The amendments in this Act are to the First Home Owner Grant
10 Act 2000*.
[* Act No. 16 of 2000.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 166, and Act No. 14 of 2001.]
4. Section 12 amended
15 Section 12(3) is repealed and the following subsection is
inserted instead --
"
(3) An applicant is also ineligible if, before the
commencement date of the eligible transaction to
20 which the application relates, the applicant or the
applicant's spouse --
(a) held a relevant interest in residential property in
the State or an interest in residential property in
another State or a Territory that is a relevant
25 interest under the corresponding law of that
State or Territory; and
(b) occupied the property as a place of residence.
".
page 2
First Home Owner Grant Amendment Bill 2002
s. 5
5. Section 14B amended
(1) Section 14B(1) is amended as follows:
(a) by deleting " "special eligible transaction" " and
inserting instead --
5 " "class 1 eligible transaction" ";
(b) by deleting "31 December 2001" and inserting
instead --
" 8 October 2001 ".
(2) After section 14B(1) the following subsections are inserted --
10 "
(1a) A "class 2 eligible transaction" is an eligible
transaction the commencement date of which is not
before 9 October 2001 and not after 31 December 2001
that is --
15 (a) a contract for the purchase of a new home or a
substantially renovated home;
(b) a comprehensive home building contract for a
new home if --
(i) the building work begins within
20 26 weeks after the commencement date,
or any longer period that the
Commissioner allows for delay caused
by circumstances beyond the control of
the parties; and
25 (ii) the contract provides to the effect that
the building work must be completed
within 18 months after it begins or, if
the contract does not provide for a
completion date for the building work, it
30 is completed within 18 months after it
begins;
or
page 3
First Home Owner Grant Amendment Bill 2002
s. 5
(c) the building of a new home by an owner builder
if the eligible transaction is completed before
1 January 2004.
(1b) A "class 3 eligible transaction" is an eligible
5 transaction the commencement date of which is not
before 1 January 2002 and not after 30 June 2002 that
is --
(a) a contract for the purchase of a new home or a
substantially renovated home;
10 (b) a comprehensive home building contract for a
new home if --
(i) the building work begins within
26 weeks after the commencement date,
or any longer period that the
15 Commissioner allows for delay caused
by circumstances beyond the control of
the parties; and
(ii) the contract provides to the effect that the
building work must be completed within
20 18 months after it begins or, if the
contract does not provide for a completion
date for the building work, it is completed
within 18 months after it begins;
or
25 (c) the building of a new home by an owner builder
if the eligible transaction is completed before
1 July 2004.
".
(3) Section 14B(2) is amended after "subsection (1)," by
30 inserting --
" (1a) or (1b), ".
page 4
First Home Owner Grant Amendment Bill 2002
s. 5
(4) Section 14B(3) is amended as follows:
(a) after "subsection (1)(a)" by inserting --
" , (1a)(a) or (1b)(a) ";
(b) by deleting "1 May 2003" and inserting instead --
5 " the relevant date ";
(c) by deleting "that date." and inserting instead --
" the relevant date. ".
(5) Section 14B(5) is amended by deleting paragraph (a) and "and"
after it and inserting instead --
10 "
(a) begins on --
(i) the date when laying the foundations for
the home begins; or
(ii) another date the Commissioner
15 considers appropriate in the
circumstances of the case;
and
".
(6) After section 14B(5) the following subsection is inserted --
20 "
(6) In this section --
"relevant date" means --
(a) in relation to a class 1 eligible transaction --
1 May 2003;
25 (b) in relation to a class 2 eligible transaction --
1 January 2004; or
(c) in relation to a class 3 eligible transaction --
1 July 2004;
"special eligible transaction" means a class 1, class 2
30 or class 3 eligible transaction.
".
page 5
First Home Owner Grant Amendment Bill 2002
s. 6
6. Section 19 amended
(1) Section 19(2)(b) is deleted and the following paragraph is
inserted instead --
" (b) the relevant amount. ".
5 (2) After section 19(2) the following subsection is inserted --
"
(3) In subsection (2) --
"relevant amount" means --
(a) in the case of a class 1 or class 2 eligible
10 transaction within the meaning of
section 14B -- $14 000; or
(b) in the case of a class 3 eligible transaction
within the meaning of section 14B -- $10 000.
".
15 7. Section 21 amended
Section 21(5) is repealed and the following subsections are
inserted instead --
"
(5) If an applicant does not pay the amount of a first home
20 owner grant required to be repaid under subsection (2)
within the period mentioned in that subsection, the
Commissioner may, by written notice, impose a
penalty of not more than the amount the applicant is
required to pay.
25 (6) Subject to section 52, the amount of a penalty imposed
under subsection (5) must be paid by the applicant
within 28 days after the date on which notice of the
penalty is given to the applicant.
".
page 6
First Home Owner Grant Amendment Bill 2002
s. 8
8. Section 26 amended
Section 26 is amended after "section" in paragraph (c) of the
definition of "decision on the application" by inserting --
" 21 or ".
5 9. Section 52 amended
Section 52(1)(a) is amended after "section" by inserting --
" 21 or ".
10. Saving of right to object
(1) Section 28 (the "relevant section") of the First Home Owner
10 Grant Act 2000 applies in relation to an application for a first
home owner grant for an eligible transaction that is --
(a) a class 1 eligible transaction, but only to the extent that
the objection referred to in the relevant section relates to
a date referred to in section 14B(5)(a) of that Act;
15 (b) a class 2 eligible transaction, but only to the extent that
the objection referred to in the relevant section relates
to --
(i) a period referred to in section 14B(1a)(b) of that
Act; or
20 (ii) a date referred to in section 14B(5)(a) of that
Act;
or
(c) a class 3 eligible transaction,
page 7
First Home Owner Grant Amendment Bill 2002
s. 10
as if subsection (1) of the relevant section were repealed and the
following subsection were inserted instead --
"
(1) An objection to a decision on the application is to be
5 lodged within 60 days after the later of --
(a) the date on which notice of the decision is
given to the objector; or
(b) the day on which the First Home Owner Grant
Amendment Act 2002 received the Royal
10 Assent.
".
(2) In subsection (1) --
"class 1 eligible transaction", "class 2 eligible transaction",
"class 3 eligible transaction", "eligible transaction" and
15 "first home owner grant" each has the same meaning as it
has in the First Home Owner Grant Act 2000;
"First Home Owner Grant Act 2000" means that Act as
amended by this Act.
page 8
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