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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 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments
3. The Act amended 3
4. Section 3 amended 3
5. Section 8 amended 4
6. Section 9A inserted 4
7. Section 11 replaced 5
8. Section 12 amended 6
9. Section 13 replaced 6
10. Section 13A inserted 8
11. Section 21 amended 8
12. Section 23 amended 10
13. Section 47 amended 11
14. Section 65 amended 11
Part 3 -- Transitional provisions
15. Definitions 12
16. Application of amendments to minimum age
requirements 12
17. Application of amendments to residence requirements 12
308--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
First Home Owner Grant Amendment Bill 2004
A Bill for
An Act to amend the First Home Owner Grant Act 2000.
The Parliament of Western Australia enacts as follows:
page 1
First Home Owner Grant Amendment Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the First Home Owner Grant
Amendment Act 2004.
5 2. Commencement
(1) Subject to subsection (2), this Act comes into operation on the
day on which it receives the Royal Assent.
(2) Parts 2 and 3 are deemed to have come into operation on
1 July 2004.
page 2
First Home Owner Grant Amendment Bill 2004
Amendments Part 2
s. 3
Part 2 -- Amendments
3. The Act amended
The amendments in this Act are to the First Home Owner Grant
Act 2000*.
5 [* Act No. 16 of 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 148-9.]
4. Section 3 amended
Section 3(1) is amended as follows:
10 (a) by deleting the definition of "residence requirement"
and inserting instead --
"
"residence requirements" means --
(a) the requirement under section 13(1) for the
15 applicant to occupy the home as the
applicant's principal place of residence for
the required residence period; and
(b) the requirement under section 13(4) for the
applicant to begin the required residence
20 period within the take-up period;
";
(b) by inserting the following definitions in the appropriate
alphabetical positions --
"
25 "required residence period" has the meaning given
by section 13(2);
"take-up period" has the meaning given by
section 13(5);
"the home", in relation to an applicant or an
30 application, means the home acquired or to be
acquired under the eligible transaction to which
the application relates.
";
page 3
First Home Owner Grant Amendment Bill 2004
Part 2 Amendments
s. 5
(c) in the definition of "taxation law" by deleting "tax." and
inserting instead --
" tax; ".
5. Section 8 amended
5 Section 8(2) is amended by deleting "10(2) or 13(2)" and
inserting instead --
" 9A(2), 10(2) or 13(6) ".
6. Section 9A inserted
After section 9 the following section is inserted --
10 "
9A. Criterion 1A -- applicant to be at least 18 years of
age
(1) An applicant for a first home owner grant must be at
least 18 years of age.
15 (2) The Commissioner may exempt an applicant from the
requirement to be at least 18 years of age if the
Commissioner is satisfied that --
(a) the applicant intends to comply with the
residence requirements to the extent that the
20 applicant is required to do so; and
(b) the application does not form part of a scheme
to circumvent limitations on, or requirements
affecting, eligibility for or entitlement to a first
home owner grant.
25 (3) When deciding whether to exempt an applicant from
the requirement, the Commissioner must take into
account --
(a) the circumstances in which the eligible
transaction was entered into, including any
30 financial or familial arrangements; and
page 4
First Home Owner Grant Amendment Bill 2004
Amendments Part 2
s. 7
(b) the circumstances in which the application is
made, including the role and involvement of a
guardian, trustee or other person acting with or
on behalf of the applicant, including the
5 eligibility of the guardian, trustee or other
person for a first home owner grant.
".
7. Section 11 replaced
Section 11 is repealed and the following section is inserted
10 instead --
"
11. Criterion 3 -- except in certain circumstances,
applicant or applicant's spouse or de facto partner
must not have received another grant
15 (1) Subject to subsection (2), an applicant ("the
applicant") is ineligible if --
(a) the applicant or the applicant's spouse or de
facto partner has been a party to another
application under this Act or a corresponding
20 law; and
(b) a first home owner grant ("the other grant")
has been paid on the other application.
(2) The applicant is not ineligible --
(a) if the other grant was paid back under the
25 conditions on which it was made; or
(b) if --
(i) the Commissioner or, if the other grant
was under a corresponding law, the
authority responsible for administering
30 that corresponding law, was notified by
an applicant for the other grant that a
requirement relating to residence in the
page 5
First Home Owner Grant Amendment Bill 2004
Part 2 Amendments
s. 8
home for which the other grant was paid
had not been complied with;
(ii) the other grant was paid back; and
(iii) in the Commissioner's opinion, the
5 circumstances do not warrant the
applicant's being rendered ineligible.
(3) For the purposes of subsection (2) a grant is not to be
regarded as having been paid back unless any penalty
or interest payable in relation to the grant has also been
10 paid.
".
8. Section 12 amended
Section 12(3)(b) is deleted and the following paragraph is
inserted instead --
15 "
(b) occupied the property as a place of residence --
(i) before 1 July 2004; or
(ii) for a continuous period of at least
6 months that began on or after
20 1 July 2004.
".
9. Section 13 replaced
Section 13 is repealed and the following section is inserted
instead --
25 "
13. Criterion 5 -- residence requirements
(1) An applicant for a first home owner grant must occupy
the home as the applicant's principal place of residence
for the required residence period.
page 6
First Home Owner Grant Amendment Bill 2004
Amendments Part 2
s. 9
(2) For the purposes of subsection (1) the "required
residence period" is --
(a) a continuous period of at least 6 months; or
(b) if a shorter period is approved by the
5 Commissioner under subsection (3) in relation
to the applicant, that shorter period.
(3) The Commissioner may approve of the applicant
complying with subsection (1) for a period shorter than
6 months if there are, in the Commissioner's opinion,
10 good reasons why the applicant cannot comply with
subsection (1) for a period of 6 months.
(4) The applicant must begin the required residence period
within the take-up period.
(5) For the purposes of subsection (4) the "take-up
15 period" is --
(a) the period of 12 months after completion of the
eligible transaction; or
(b) if a longer period is approved by the
Commissioner in relation to the applicant, that
20 longer period.
(6) The Commissioner may exempt an applicant from the
residence requirements if --
(a) the applicant is one of 2 or more joint
applicants for a first home owner grant;
25 (b) at least one of the applicants complies with the
residence requirements; and
(c) there are, in the Commissioner's opinion, good
reasons to exempt the applicant from the
residence requirements.
30 ".
page 7
First Home Owner Grant Amendment Bill 2004
Part 2 Amendments
s. 10
10. Section 13A inserted
After section 13 the following section is inserted in Part 2
Division 2 --
"
5 13A. Criterion 6 -- applicant must not have been
convicted of an offence under this Act
An applicant is ineligible if the applicant has been
convicted of an offence under this Act or a
corresponding law.
10 ".
11. Section 21 amended
(1) Section 21(1), (2) and (3) are repealed and the following
subsections are inserted instead --
"
15 (1) The Commissioner may authorise payment of a first
home owner grant --
(a) in anticipation of compliance with the residence
requirements; or
(b) if the requirement under section 13(4) has been
20 complied with, in anticipation of compliance
with the requirement under section 13(1),
if the Commissioner is satisfied that each applicant
intends to comply with those requirements, or that
requirement, to the extent that the applicant is required
25 to do so.
(2) A payment authorised under subsection (1) is made on
condition that, if an applicant --
(a) does not comply with the requirement under
section 13(4);
30 (b) becomes aware that the requirement under
section 13(4) will not be complied with; or
page 8
First Home Owner Grant Amendment Bill 2004
Amendments Part 2
s. 11
(c) having complied with the requirement under
section 13(4) --
(i) does not comply with the requirement
under section 13(1); or
5 (ii) becomes aware that the requirement
under section 13(1) will not be complied
with,
the applicant must within 30 days after the relevant
day --
10 (d) give written notice of that fact to the
Commissioner; and
(e) either repay the amount of the grant, or make
an application under section 52(2) for the
Commissioner to approve an arrangement for
15 the repayment of the amount of the grant.
(3) In subsection (2) --
"relevant day" means --
(a) for subsection (2)(a) -- the day after the day
on which the take-up period ends;
20 (b) for subsection (2)(b) -- the day on which the
applicant first becomes aware that the
requirement under section 13(4) will not be
complied with;
(c) for subsection (2)(c)(i) -- the day on which
25 the applicant stops using the home as the
applicant's principal place of residence;
(d) for subsection (2)(c)(ii) -- the day on which
the applicant first becomes aware that the
requirement under section 13(1) will not be
30 complied with.
".
page 9
First Home Owner Grant Amendment Bill 2004
Part 2 Amendments
s. 12
(2) Section 21(4) is amended by deleting "(a) and (b)" and inserting
instead --
" (d) and (e) ".
(3) Section 21(5) is repealed and the following subsections are
5 inserted instead --
"
(5) The Commissioner may, by written notice, impose a
penalty on an applicant if the applicant --
(a) does not comply with subsection (2)(e) within
10 the 30 day period mentioned in subsection (2);
or
(b) does not repay the amount of the grant in
accordance with an arrangement approved for
the purposes of subsection (2)(e).
15 (5a) The amount of a penalty imposed under subsection (5)
is not to exceed the amount that the applicant is
required to repay under subsection (2).
".
12. Section 23 amended
20 Section 23(3) is repealed and the following subsection is
inserted instead --
"
(3) If the deceased applicant --
(a) had not complied with either of the residence
25 requirements; or
(b) had complied with the requirement under
section 13(4) but had not complied with the
requirement under section 13(1),
but the Commissioner is satisfied that the applicant
30 intended to do so, then the residence requirements are
satisfied.
".
page 10
First Home Owner Grant Amendment Bill 2004
Amendments Part 2
s. 13
13. Section 47 amended
(1) Section 47(1) is amended by deleting "knowing the information
or document to be" and inserting instead --
" that is ".
5 (2) Section 47(2) is repealed and the following subsection is
inserted instead --
"
(2) In proceedings for an offence against this section it is a
defence for the person charged to prove --
10 (a) that the person --
(i) did not know that the information or
document was false or misleading in a
material particular; and
(ii) was not reckless as to whether the
15 information or document was false or
misleading in a material particular;
or
(b) that, when providing a document, the person
advised the Commissioner or authorised
20 investigator that the document was false or
misleading in a material particular.
".
14. Section 65 amended
Section 65(2)(c) is amended by inserting after "legal
25 proceedings" --
"
under this Act, a taxation Act as defined in the
Taxation Administration Act 2003, or a
corresponding law
30 ".
page 11
First Home Owner Grant Amendment Bill 2004
Part 3 Transitional provisions
s. 15
Part 3 -- Transitional provisions
15. Definitions
A term used in this Part that is defined in the First Home Owner
Grant Act 2000 has the same meaning in this Part as it has in
5 that Act.
16. Application of amendments to minimum age requirements
Despite the amendments effected by section 6, the First Home
Owner Grant Act 2000 as in force immediately before the
commencement of that section continues to apply in relation to
10 an eligible transaction the commencement date of which is
before 1 July 2004.
17. Application of amendments to residence requirements
Despite the amendments effected by section 9, the First Home
Owner Grant Act 2000 as in force immediately before the
15 commencement of that section continues to apply in relation to
an eligible transaction the commencement date of which is
before 1 July 2004.
page 12
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