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TASMANIA
__________
FIRST HOME OWNER GRANT AMENDMENT
BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 8 substituted
8. Criterion 1 - Applicant to be a natural person
and at least 18 years of age
6. Section 10 amended (Criterion 3 - Applicant (or
applicant's spouse) must not have received an earlier
grant)
7. Section 12 amended (Criterion 5 - Residence
requirement)
8. Section 20 amended (Payment in anticipation of
compliance with residence requirement)
9. Section 22 amended (Death of applicant)
10. Application of amendment
[Bill 94]-I
2
FIRST HOME OWNER GRANT AMENDMENT
BILL 2003
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
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:
Short title
1. This Act may be cited as the First Home Owner Grant
Amendment Act 2003.
Commencement
2. (1) Sections 1, 3, 5 and 10 and this section are taken to
have commenced on 15 October 2003.
(2) The remaining provisions of this Act commence
on 1 January 2004.
[Bill 94] 3
s. 3 No. First Home Owner Grant Amendment 2003
Principal Act
3. In this Act, the First Home Owner Grant Act 2000* is
referred to as the Principal Act.
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended by omitting
"within 12 months" from the definition of "residence
requirement" and substituting "for a continuous period of
at least 6 months (or any lesser period approved by the
Commissioner under section 12(1A)) commencing within
the 12-month period immediately".
Section 8 substituted
5. Section 8 of the Principal Act is repealed and the
following section is substituted:
Criterion 1 - Applicant to be a natural person
and at least 18 years of age
8. (1) An applicant for a first home owner grant
must be -
(a) a natural person; and
(b) at least 18 years of age.
(2) The Commissioner may exempt an
applicant from the requirement in subsection (1)(b)
if the Commissioner is satisfied that -
(a) the home to which the application
relates will be occupied by the applicant
as his or her principal place of residence
*No. 19 of 2000
4
2003 First Home Owner Grant Amendment No. s. 6
for a continuous period of at least 6
months (or any lesser period approved
by the Commissioner under
section 12(1A)) commencing within the
12-month period immediately after
completion of the eligible transaction or
within a longer period approved by the
Commissioner; 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.
Section 10 amended (Criterion 3 - Applicant (or
applicant's spouse) must not have received an
earlier grant)
6. Section 10(2) of the Principal Act is amended by
omitting "under the conditions on which the grant was
made".
Section 12 amended (Criterion 5 - Residence
requirement)
7. Section 12 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsections:
(1) An applicant for a first home owner grant
must occupy the home to which the application
relates as the applicant's principal place of residence
for a continuous period of at least 6 months (or any
lesser period approved by the Commissioner under
subsection (1A)) commencing within the 12-month
period immediately after completion of the eligible
transaction or within a longer period approved by
the Commissioner.
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s. 8 No. First Home Owner Grant Amendment 2003
(1A) The Commissioner may approve a lesser
period of occupation under subsection (1) if the
Commissioner is satisfied that there are good
reasons why the applicant cannot comply with the
requirement to occupy the home for 6 months.
Section 20 amended (Payment in anticipation of
compliance with residence requirement)
8. Section 20(1) of the Principal Act is amended by
omitting "within 12 months after completion of the eligible
transaction or" and substituting "for a continuous period of
at least 6 months (or any lesser period approved by the
Commissioner under section 12(1A)) commencing within
the 12-month period immediately after completion of the
eligible transaction or within".
Section 22 amended (Death of applicant)
9. Section 22 of the Principal Act is amended by omitting
subsection (3) and substituting the following subsection:
(3) If a deceased applicant for a first home
owner grant had not, by the date of his or her death,
occupied the home to which the application relates
as the applicant's principal place of residence for a
continuous period of at least 6 months (or any lesser
period approved by the Commissioner under
section 12(1A)) commencing within the 12-month
period immediately after completion of the eligible
transaction or a longer period allowed by the
Commissioner, but the Commissioner is satisfied
that the applicant intended to do so, the residence
requirement is satisfied.
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2003 First Home Owner Grant Amendment No. s. 10
Application of amendment
10. Section 8 of the Principal Act as substituted by this
Act applies to all applications received by the
Commissioner under the Principal Act, or any person with
whom the Commissioner has entered into an
administration agreement under section 31(2) of the
Principal Act, on and after 15 October 2003.
Government Printer, Tasmania 7