New South Wales Consolidated Acts

FIRST HOME OWNER GRANT AND SHARED EQUITY ACT 2000

- As at 1 August 2023 
- Act 21 of 2000 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Homes
   4A.     New homes
   5.      Ownership of land and homes
   6.      Spouses
   6A.     Multiple occupancy contract
   6B.     Multiple occupancy land
   6C.     Building of home on land owned by another
   6D.     Purchase of manufactured home

   PART 2 - FIRST HOME OWNER GRANT

           Division 1 - Entitlement to grant

   7.      Entitlement to grant

           Division 2 - Eligibility criteria (applicants)

   8.      Criterion 1--Applicant to be a natural person
   8A.     Criterion 1A--Applicant to be at least 18 years of age
   9.      Criterion 2--Applicant to be Australian citizen or permanent resident
   10.     Criterion 3--Applicant (or applicant's spouse) must not have received an earlier grant
   11.     Criterion 4--Applicant (or applicant's spouse) must not have had relevant interest in residential property
   12.     Criterion 5--Residence requirement

           Division 3 - Eligible transactions

   13.     Eligible transactions
   13AA.   Types of first home owner grant that are available
   13A.    Eligibility cap
   13B.    Calculation of total value of transaction for purposes of eligibility cap

           Division 4 - Application for grant

   14.     Application for grant
   15.     All interested persons to join in application
   16.     Application on behalf of person under legal disability

           Division 5 - Decision on application

   17.     Chief Commissioner to decide applications
   18.     Amount of grant
           18A-18C. (Repealed)
   19.     Payment of grant
   20.     Payment in advance, subject to statutory conditions
   21.     Imposition of conditions by Chief Commissioner
   22.     Death of applicant
   23.     Power to correct decision
   24.     Notification of decision

   PART 2A - SHARED EQUITY SCHEMES

           Division 1 - Preliminary

   24A.    Definitions
   24B.    Meaning of "shared equity scheme"

           Division 2 - Establishment of scheme

   24C.    Establishment of shared equity scheme
   24D.    Policy guidelines

           Division 3 - Functions of Chief Commissioner

   24E.    Functions of Chief Commissioner
   24F.    Use of information obtained under other Acts

           Division 4 - The Fund

   24G.    NSW Shared Equity Scheme Fund
   24H.    Payments into and out of Fund
   24I.    Annual reports for Fund
   24J.    Closure of Fund

           Division 5 - Miscellaneous

   24K.    Application of Taxation Administration Act 1996
   24L.    Eligibility for first home buyer schemes not affected

   PART 2B - OBJECTIONS AND REVIEW

   25.     Grounds of objection--first home owner grant
   25A.    Grounds of objection--shared equity schemes
   25B.    Making objections
   26.     Powers of Chief Commissioner on objection
   27.     (Repealed)
   28.     Administrative reviews by Civil and Administrative Tribunal
   29.     Powers of Civil and Administrative Tribunal on administrative review

   PART 3 - ADMINISTRATION

           Division 1 - Administration generally

   30.     Administration
   31.     Delegation
   31A.    Delegation by Minister
   32.     Administration agreements
   33.     Authorised officers

           Division 2 - Investigations

   34.     Authorised investigations
   35.     Carrying out of authorised investigation
   36.     Power of investigation
   36A.    Power to require valuation or other evidence
   37.     Access to public records without fee
   38.     Use and inspection of documents and records provided to Chief Commissioner or authorised officer
   39.     Power of entry on premises
   40.     Functions exercisable on entry
   41.     Search warrant
   42.     Obstructing Chief Commissioner or authorised officer
   43.     Defence of reasonable compliance

   PART 4 - MISCELLANEOUS

   43A.    Special grant for ADF personnel
   44.     Knowingly giving false or misleading information
   45.     Power to require repayment and impose penalty
   46.     Power to recover certain amounts
   46A.    Recovery from third parties
   47.     Protection of confidential information
   48.     Evidence
   49.     Proceedings for offences
   50.     Standing appropriation
   51.     Personal liability
   52.     Regulations
   52A.    Savings, transitional and other provisions
   53.     (Repealed)
   54.     Review of Act
           SCHEDULE 1