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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
FIRST HOME OWNER GRANT AMENDMENT
BILL 2014
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 18 amended (Amount of grant)
5. Section 18A amended (Conditions on increase of grant)
6. Section 18B inserted
18B. Conditions on further increase of grant
7. Repeal of Act
[Bill 4]-I
2
FIRST HOME OWNER GRANT AMENDMENT
BILL 2014
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
27 May 2014
(Brought in by the Treasurer, the Honourable Peter Carl
Gutwein)
A BILL FOR
An Act to amend the First Home Owner Grant Act 2000
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the First Home Owner
Grant Amendment Act 2014.
2. Commencement
(1) Except as provided in this section, this Act is
taken to have commenced on 7 November 2013.
(2) Section 5 is taken to have commenced on
1 January 2013.
[Bill 4] 3
First Home Owner Grant Amendment Act 2014
Act No. of
s. 3
3. Principal Act
In this Act, the First Home Owner Grant Act
2000* is referred to as the Principal Act.
4. Section 18 amended (Amount of grant)
Section 18(2) of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (a):
(ab) if the first home owner grant
relates to an eligible transaction
that satisfies section 18B, the
amount is $30 000; or
(b) by omitting from paragraph (b)
"section 18A" and substituting
"section 18A or 18B".
5. Section 18A amended (Conditions on increase of
grant)
Section 18A of the Principal Act is amended as
follows:
(a) by omitting the definition of
commencement of building from
subsection (1) and substituting the
following definition:
*No. 19 of 2000
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First Home Owner Grant Amendment Act 2014
Act No. of
s. 5
commencement of building means the
date of completion of the laying
of the foundations for the
building or, if no foundations are
to be laid, a date determined by
the Commissioner;
(b) by omitting from subsection (2)(a)
"1 July 2014" and substituting
"7 November 2013";
(c) by omitting from subsection (2)(b)(ii)(A)
"30 June 2014" and substituting
"7 November 2013";
(d) by omitting from subsection
(2)(b)(iii)(A) "30 June 2014" and
substituting "7 November 2013";
(e) by inserting after subsection (2) the
following subsection:
(2A) If satisfied there are good reasons
to do so and if a request by the
applicant is made before a
decision on the application has
been reversed or varied under
section 23, the Commissioner
may -
(a) extend the period referred
to in subsection (2) for the
commencement of
building notwithstanding
that that period has
expired; or
5
First Home Owner Grant Amendment Act 2014
Act No. of
s. 6
(b) extend the period referred
to in subsection (2) for the
eligible transaction to
complete notwithstanding
that that period has
expired.
6. Section 18B inserted
After section 18A of the Principal Act, the
following section is inserted in Division 5:
18B. Conditions on further increase of grant
(1) In this section -
commencement of building means the
date of completion of the laying
of the foundations for the
building or, if no foundations are
to be laid, a date determined by
the Commissioner;
contract for an off-the-plan purchase,
in relation to a new home, means
a contract for both -
(a) the purchase of land, or an
interest in land; and
(b) the construction of a new
home on that land.
(2) An eligible transaction satisfies this
section if -
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First Home Owner Grant Amendment Act 2014
Act No. of
s. 6
(a) the commencement date of the
eligible transaction is on or after
7 November 2013 but before
1 January 2015; and
(b) where the eligible transaction is -
(i) a comprehensive home
building contract for a
new home -
(A) the
commencement of
building under the
comprehensive
home building
contract occurs
within 26 weeks
of the date of the
contract; and
(B) the eligible
transaction is
completed in
accordance with
section 13(5)
within 24 months
after the
commencement of
building under the
comprehensive
home building
contract; or
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First Home Owner Grant Amendment Act 2014
Act No. of
s. 6
(ii) the building of a new
home by an owner
builder -
(A) the
commencement of
building occurs on
or after
7 November 2013
but before
1 January 2015;
and
(B) the eligible
transaction is
completed in
accordance with
section 13(5)
within 24 months
after the
commencement of
building; or
(iii) a contract for an off-the-
plan purchase of a new
home -
(A) the
commencement of
building occurs on
or after
7 November 2013
but before
1 January 2015;
and
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First Home Owner Grant Amendment Act 2014
Act No. of
s. 6
(B) the eligible
transaction is
completed in
accordance with
section 13(5)
within 24 months
after the
commencement of
building; or
(iv) a contract for the purchase
of a new home, the
eligible transaction is
completed in accordance
with section 13(5).
(3) If satisfied there are good reasons to do
so and if a request by the applicant is
made before a decision on the application
has been reversed or varied under
section 23, the Commissioner may -
(a) extend the period referred to in
subsection (2) for the
commencement of building
notwithstanding that that period
has expired; or
(b) extend the period referred to in
subsection (2) for the eligible
transaction to complete
notwithstanding that that period
has expired.
(4) Despite subsection (2), an eligible
transaction does not satisfy this section if
9
First Home Owner Grant Amendment Act 2014
Act No. of
s. 7
the Commissioner considers that the
eligible transaction replaces a
transaction, entered into before
7 November 2013, for the same property
between substantially, or that benefits
substantially, the same parties.
(5) For the avoidance of doubt, a payment of
$30 000 that -
(a) was made in anticipation of the
First Home Owner Grant
Amendment Act 2014 receiving
the Royal Assent; and
(b) was made on or after
7 November 2013 but before the
First Home Owner Grant
Amendment Act 2014 received the
Royal Assent -
is taken to be a first home owner grant
payment for the purposes of this Act.
7. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it receives
the Royal Assent.
10 Government Printer, Tasmania