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This is a Bill, not an Act. For current law, see the Acts databases.
FIRST HOME OWNER GRANT AMENDMENT BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
First Home
Owner Grant Amendment Bill 2002
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
First Home Owner
Grant Amendment Bill 2002
A Bill for
An Act to amend the
First Home Owner Grant Act
2000
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the First Home Owner Grant Amendment Act 2002.
This Act commences on the day after its notification day.
This Act amends the First Home Owner Grant Act 2000.
substitute
13A Special eligible
transactions
(1) Subject to subsection (6), an eligible transaction that is a contract
for the purchase of a home (other than a contract for an
‘off-the-plan’ purchase) is a special eligible
transaction if—
(a) the home is a new home; and
(b) the contract is made after 8 March 2001 and before
1 July 2002.
(2) Subject to subsection (6), an eligible transaction that is a
comprehensive home building contract for a new home is a
special eligible transaction if—
(a) the contract is made after 8 March 2001 and before
9 October 2001; and
(b) the building work starts within 16 weeks after the contract is made,
or any longer period the commissioner may allow for delay caused by
circumstances beyond the control of the parties; and
(c) the contract states that the eligible transaction must be completed
within 12 months after the building work is started or, in any other case, the
eligible transaction is completed within 12 months after the building work is
started.
(3) Subject to subsection (6), an eligible transaction that is a
comprehensive home building contract for a new home is also a special
eligible transaction if—
(a) the contract is made after 8 October 2001 and before
1 July 2002; and
(b) the building work starts within 26 weeks after the contract is made,
or any longer period the commissioner may allow for delay caused by
circumstances beyond the control of the parties; and
(c) the contract states that the eligible transaction must be completed
within 18 months after the building work is started or, in any other case, the
eligible transaction is completed within 18 months after the building work is
started.
(4) An eligible transaction that is the building of a new home by an
owner-builder is a special eligible transaction
if—
(a) the commencement date of the eligible transaction is after
8 March 2001 and before 9 October 2001 and the transaction is completed
before 1 May 2003; or
(b) the commencement date of the eligible transaction is after
8 October 2001 and before 1 January 2002 and the transaction is completed
before 1 January 2004; or
(c) the commencement date of the eligible transaction is after
31 December 2001 and before 1 July 2002 and the transaction is completed
before 1 July 2004.
(5) Subject to subsection (6), an eligible transaction that is a contract
for an ‘off-the-plan’ purchase of a new home is a
special eligible transaction if—
(a) the contract is made after 8 March 2001 and before
9 October 2001 and either—
(i) the contract states that the eligible transaction must be completed
before 1 May 2003; or
(ii) in any other case—the eligible transaction is completed before
1 May 2003; or
(b) the contract is made after 8 October 2001 and before
1 January 2002 and either—
(i) the contract states that the eligible transaction must be completed
before 1 January 2004; or
(ii) in any other case—the eligible transaction is completed before
1 January 2004; or
(c) the contract is made after 31 December 2001 and before
1 July 2002 and either—
(i) the contract states that the eligible transaction must be completed
before 1 July 2004; or
(ii) in any other case—the eligible transaction is completed before
1 July 2004.
(6) An eligible transaction that is a contract is not a special eligible
transaction if the commissioner is satisfied that—
(a) the contract replaces a contract made before 9 March 2001;
and
(b) the replaced contract was—
(i) a contract for the purchase of the same home; or
(ii) a comprehensive home building contract to build the same or a
substantially similar home.
(7) For subsections (2) and (3), building work starts when laying the
foundations for the home begins.
(8) In this section:
contract for an ‘off-the-plan’ purchase, of a new
home, means a contract for the purchase of the home on a proposed lot in an
unregistered plan of a subdivision of land.
new home means a home that has not been previously occupied
or sold as a place of residence, and includes a substantially renovated home and
a home built to replace demolished premises.
(9) For this section, a home is a substantially renovated
home if—
(a) the sale of the home is, under the A New Tax System (Goods and
Services Tax) Act 1999 (Cwlth), a taxable supply as a sale of new
residential premises within the meaning of section 40-75 (1) (b) (Meaning
of new residential premises); and
(b) the home, as renovated, has not been previously occupied or sold as a
place of residence.
(10) For this section, a home is a home built to replace demolished
premises if—
(a) except for an eligible transaction that is a comprehensive home
building contract for a home or the building of a home by an
owner-builder—the sale of the home is, under the A New Tax System
(Goods and Services Tax) Act 1999 (Cwlth), a taxable supply as a sale of new
residential premises within the meaning of section 40-75 (1) (c); and
(b) for an eligible transaction that is a comprehensive home building
contract for a home or the building of a home by an owner-builder—the home
is, under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth),
new residential premises within the meaning of section 40-75 (1) (c);
and
(c) the home, as built to replace the demolished premises, has not
previously been occupied or sold as a place of residence; and
(d) the owner of the home did not occupy the demolished premises as a
place of residence before they were demolished.
(11) This section is a law to which the Legislation Act 2001,
section 88 (Repeal does not end transitional or validating effect etc)
applies.
(12) This section expires on 1 July 2004.
5 Amount
of grantSection 18
omit
(1)
omit subsections (2) to (4)
insert
18A Amount of grant for special eligible
transactions
(1) The amount of the first home owner grant for a special eligible
transaction is the amount payable under this section instead of the amount
payable under section 18.
(2) If the commencement date of the special eligible transaction is after
8 March 2001 and before 1 January 2002, the amount payable is the lesser of the
following:
(a) the consideration for the transaction;
(b) $14 000.
(3) If the commencement date of the special eligible transaction is after
31 December 2001 and before 1 July 2002, the amount payable is the lesser of the
following:
(a) the consideration for the transaction;
(b) $10 000.
(4) In this section:
special eligible transaction—see section 13A.
(5) This section is a law to which the Legislation Act 2001,
section 88 (Repeal does not end transitional or validating effect etc)
applies.
(6) This section expires on 1 July 2004.
insert
57 Validation for payment of increased
grants
(1) The payment of an amount as a first home owner grant before the
commencement of this section, and anything done under this Act or the
Taxation Administration Act 1999, is validated to the extent that it
would have been valid if this Act (as amended by the First Home Owner Grant
Amendment Act 2002) had been in force when the payment was made or the thing
was done.
(2) This section expires 1 month after it commences.
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2002
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