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This is a Bill, not an Act. For current law, see the Acts databases.


FIRST HOME OWNER GRANT BILL 2000

                        Western Australia


      First Home Owner Grant Bill 2000

                             CONTENTS


                   Part 1 -- Preliminary
1.    Short title                                               2
2.    Commencement                                              2
3.    Interpretation                                            2
4.    Meaning of "home"                                         5
5.    Meaning of "owner" of a home or "home owner"              5
6.    Meaning of "relevant interest"                            5
7.    Meaning of an applicant's "spouse"                        7
          Part 2 -- First home owner grant
             Division 1 -- Entitlement to grant
8.    Entitlement to grant                                      8
       Division 2 -- Eligibility criteria (applicants)
9.    Criterion 1 -- applicant to be a natural person            8
10.   Criterion 2 -- applicant to be Australian citizen or
      permanent resident                                        8
11.   Criterion 3 -- applicant or applicant's spouse must
      not have received an earlier grant                        9
12.   Criterion 4 -- applicant or applicant's spouse must
      not have had relevant interest in residential property    9
13.   Criterion 5 -- residence requirement                      10
             Division 3 -- Eligible transactions
14.   Eligible transaction                                     10
           Division 4 -- Application for the grant
15.   Application for grant                                    13
16.   Interested persons                                       14
17.   Application on behalf of person under legal disability   14



                                                               page i
                              111--1
First Home Owner Grant Bill 2000



Contents



                  Division 5 -- Decision on application
   18.       Commissioner to authorise payment of grant             14
   19.       Amount of grant                                        15
   20.       Payment of grant                                       15
   21.       Payment in anticipation of compliance with residence
             requirement                                            15
   22.       Commissioner may impose conditions                     16
   23.       Death of applicant                                     17
   24.       Power to correct decision                              18
   25.       Notice of decision                                     18
                  Division 6 -- Objections and appeals
                      Subdivision 1 -- Definitions
   26.       Definitions                                            19
                           Subdivision 2 -- Objections
   27.       Right to object and procedure for making objections    19
   28.       Time for lodging objection                             19
   29.       Consideration of objection                             20
   30.       Decision on objection                                  20
                            Subdivision 3 -- Appeals
   31.       Right of appeal                                        21
   32.       Hearing and determination of appeals                   21
           Subdivision 4 -- Basis on which Commissioner may
                                  act
   33.       Basis on which Commissioner may act                    22
                       Part 3 -- Administration
                 Division 1 -- Administration generally
   34.       Administration of Act                                  23
   35.       Delegation                                             23
   36.       Authorised investigators                               24
   37.       Administration agreements                              24
                           Division 2 -- Investigations
   38.       Investigations                                         25
   39.       Cross-border investigations                            26
   40.       Power of investigation                                 26
   41.       Power to require person to attend for examination      27
   42.       Entry of premises                                      28

page ii
                                      First Home Owner Grant Bill 2000



                                                               Contents



43.   Powers of authorised investigator on entry of premises     29
44.   Warrants                                                   31
45.   Use of force                                               31
46.   Self incrimination                                         32
                 Part 4 -- Miscellaneous
                    Division 1 -- Offences
47.   False or misleading information and documents              33
48.   Obstructing or misleading Commissioner or
      authorised investigator                                    33
            Division 2 -- Evidentiary provisions
49.   Evidence                                                   34
50.   Presumption of regularity                                  34
          Division 3 -- Repayments and penalties
51.   Commissioner may require repayment and impose
      penalty                                                    35
52.   Arrangements for instalments and extensions of time        36
53.   Recovery of certain amounts                                37
54.   Writing off liability                                      38
         Division 4 -- Charge on interest in home
55.   Lodgement of memorial and creation of charge               38
56.   Priority of charge                                         39
57.   Release of relevant interest from charge                   40
58.   Order for sale of relevant interest                        40
59.   Charge not to limit other means of enforcing payment       42
60.   Commissioner may require fees to be reimbursed             42
             Division 5 -- Service of documents
61.   Service on joint applicants or agent or representative     42
62.   Method of service by Commissioner                          43
63.   Service of court process                                   44
64.   Other enactments not limited                               44
                     Division 6 -- General
65.   Confidentiality                                            44
66.   Time for commencing prosecutions                           46
67.   Protection from liability for wrongdoing                   47
68.   Appropriation of Consolidated Fund                         47



                                                                page iii
First Home Owner Grant Bill 2000



Contents



   69.     Regulations                     47
   70.     Review of Act                   47
                           Defined Terms




page iv
                           Western Australia


                     LEGISLATIVE ASSEMBLY



          First Home Owner Grant Bill 2000


                               A Bill for


An Act to encourage and assist home ownership by establishing a
scheme for the payment of grants to first home owners.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     First Home Owner Grant Bill 2000
     Part 1        Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the First Home Owner Grant
                Act 2000.

5    2.         Commencement
                This Act comes into operation on 1 July 2000.

     3.         Interpretation
          (1)   In this Act, unless the contrary intention appears --
                "Australian citizen" means an Australian citizen under the
10                   Australian Citizenship Act 1948 of the Commonwealth;
                "authorised investigator" means a person appointed to be an
                     authorised investigator under section 36;
                "building" includes part of a building;
                "commencement date", in relation to an eligible transaction,
15                   has the meaning given by section 14(5);
                "Commissioner" means the Commissioner of State Revenue;
                "completed", in relation to an eligible transaction, has the
                     meaning given by section 14(6);
                "comprehensive home building contract" means a contract
20                   under which a builder undertakes to build a home on land
                     from the inception of the building work to the point where
                     the home is ready for occupation and if, for any reason, the
                     work to be carried out under such a contract is not
                     completed, includes any further contract under which the
25                   work is to be completed;
                "consideration", in relation to an eligible transaction, has the
                     meaning given by section 14(8);
                "corresponding law" means an Act of another State, or a
                     Territory, corresponding to this Act;


     page 2
                                     First Home Owner Grant Bill 2000
                                            Preliminary        Part 1

                                                                  s. 3



     "eligibility criteria" means the criteria set out in Part 2
          Division 2 for determining whether an applicant for a first
          home owner grant is eligible for the grant;
     "eligible transaction" has the meaning given by section 14(1);
5    "first home owner grant" means a grant authorised under
          section 18;
     "first home owner grant scheme" means the scheme for
          payment of first home owner grants established under this
          Act;
10   "guardian", in relation to a person under a legal disability,
          means --
          (a) a trustee who holds property on trust for the person
                 under an instrument of trust or by order or direction
                 of a court or tribunal; or
15        (b) an administrator of the person's estate appointed
                 under the Guardianship and Administration
                 Act 1990;
     "home" has the meaning given by section 4;
     "identity card" means an identity card issued to an authorised
20        investigator under section 36;
     "option to purchase" includes a right of pre-emption or a right
          of first refusal;
     "owner", in relation to --
          (a) a home, has the meaning given by section 5;
25        (b) land, means a person who has a relevant interest in
                 the land;
     "owner builder" means an owner of land who builds a home,
          or has a home built, on the land without entering into a
          comprehensive home building contract;
30   "permanent resident" means the holder of a permanent visa
          within the meaning of section 30 of the Migration Act 1958
          of the Commonwealth;


                                                               page 3
     First Home Owner Grant Bill 2000
     Part 1        Preliminary

     s. 3



              "premises" means --
                   (a) land (whether built on or not);
                   (b) a building or structure on land; or
                   (c) a vehicle,
5                  and includes a part of premises;
              "Registrar" means the Registrar of Titles or the Registrar of
                   Deeds and Transfers;
              "relevant interest" means an interest in land mentioned in a
                   paragraph of subsection (1) of section 6 (as read with
10                 subsection (2) of that section);
              "relevant material" means an instrument, record or thing
                   relevant to determining --
                   (a) whether an application under this Act or a
                         corresponding law for a first home owner grant has
15                       been properly made;
                   (b) whether an objection to a decision made under this
                         Act or a corresponding law should be upheld;
                   (c) whether an applicant to whom, or for whose benefit,
                         a first home owner grant has been paid under this Act
20                       or a corresponding law was eligible for the grant;
                   (d) whether a condition on which a first home owner
                         grant has been paid under this Act or a corresponding
                         law has been complied with; or
                   (e) any other matter related to the administration or
25                       enforcement of this Act or a corresponding law;
              "repayment arrangement" means an arrangement approved
                   under section 52;
              "residence requirement" means the requirement that an
                   applicant for a first home owner grant must satisfy under
30                 section 13;
              "residential property" has the meaning given by
                   subsection (2);

     page 4
                                                 First Home Owner Grant Bill 2000
                                                        Preliminary        Part 1

                                                                                 s. 4



                "spouse" has the meaning given by section 7;
                "taxation law" means a law of the Commonwealth or a State or
                    Territory for the assessment or imposition of a tax.
          (2)   For the purposes of this Act, land in Australia is "residential
5               property" at a particular time if there is, at that time, a building
                on the land lawfully occupied as a place of residence or suitable
                for occupation as a place of residence.

     4.         Meaning of "home"
                A "home" is a building, affixed to land, that --
10               (a) may lawfully be used as a place of residence; and
                 (b) is, in the Commissioner's opinion, a suitable building
                      for use as a place of residence.

     5.         Meaning of "owner" of a home or "home owner"
                A person is an "owner" of a home or a "home owner" if the
15              person has a relevant interest in land on which a home is built.

     6.         Meaning of "relevant interest"
          (1)   Subject to subsection (2), a "relevant interest" in land is --
                 (a) an estate in fee simple in the land;
                 (b) a life estate, approved by the Commissioner, in the land;
20               (c) a lease in perpetuity of the land granted by the
                       Commonwealth or the State;
                 (d) a leasehold interest in the land granted by the
                       Commonwealth or the State that may be converted
                       under the terms of the lease or by statute into an estate in
25                     fee simple;
                 (e) an interest as purchaser under a contract for the purchase
                       from the Commonwealth or the State of an estate in fee
                       simple in the land by instalments;



                                                                              page 5
     First Home Owner Grant Bill 2000
     Part 1        Preliminary

     s. 6



                (f)   a licence or right of occupancy granted by the
                      Commonwealth or the State that gives, in the
                      Commissioner's opinion, the licensee or the holder of
                      the right reasonable security of tenure;
5              (g)    an interest in a company's shares if the Commissioner is
                      satisfied that --
                         (i) the interest entitles the holder of the interest to
                              exclusive occupation of a specified home owned
                              by the company; and
10                      (ii) the value of the shares is not less than the value
                              of the company's interest in the home;
                      or
               (h)    an interest prescribed by the regulations to be a relevant
                      interest.
15      (2)   Subject to subsection (3) --
               (a)    an interest is not a relevant interest at a particular time
                      unless the holder of the interest has, or will have within
                      12 months after that time (or a longer time approved by
                      the Commissioner), a right to immediate occupation of
20                    the land;
               (b)    an interest held by a person is not a relevant interest if
                      the person holds it subject to a trust; and
               (c)    an equitable interest is not a relevant interest unless it is
                      the interest of a person under a legal disability for whom
25                    a guardian holds the interest on trust.
        (3)   Without limiting paragraph (h) of subsection (1), regulations
              referred to in that paragraph may prescribe an interest (a
              "non-conforming interest") to be a relevant interest --
                (a) even though the interest does not conform with
30                    subsection (2); and
                (b) even though the interest may not be recognised at law or
                      in equity as an interest in land.


     page 6
                                               First Home Owner Grant Bill 2000
                                                      Preliminary        Part 1

                                                                             s. 7



          (4)   If a first home owner grant is authorised to be paid in
                consequence of a non-conforming interest being prescribed as a
                relevant interest, the Commissioner may impose appropriate
                conditions on the payment of the grant to ensure its recovery if
5               any criteria prescribed by the regulations about future conduct
                or events are not satisfied.

     7.         Meaning of an applicant's "spouse"
          (1)   A person is the "spouse" of an applicant for a first home owner
                grant if the person is legally married to the applicant or --
10                (a) the person is a member of the opposite sex with whom
                         the applicant lives as husband or wife on a genuine
                         domestic basis, although not legally married to the
                         person; and
                  (b) the person has lived on that basis with the applicant for
15                       at least 2 years at the time the application is made.
          (2)   If the Commissioner is satisfied at the time of deciding an
                application for a first home owner grant that --
                  (a) an applicant is legally married but is living apart from
                        the person to whom the applicant is legally married; and
20                (b) the applicant and that person have no intention of again
                        living together as a couple,
                the person to whom the applicant is legally married is taken not
                to be the applicant's spouse.




                                                                          page 7
     First Home Owner Grant Bill 2000
     Part 2        First home owner grant
     Division 1    Entitlement to grant
     s. 8



                      Part 2 -- First home owner grant
                         Division 1 -- Entitlement to grant
     8.          Entitlement to grant
           (1)   A first home owner grant is payable on an application under this
5                Act if --
                  (a) the applicant or, if there are 2 or more of them, each of
                          the applicants complies with the eligibility criteria; and
                  (b) the transaction for which the grant is sought --
                             (i) is an eligible transaction; and
10                          (ii) has been completed.
           (2)   Despite subsection (1)(a), an applicant need not comply with the
                 eligibility criteria to the extent the applicant is exempted from
                 compliance by section 10(2) or 13(2).
           (3)   Only one first home owner grant is payable for the same eligible
15               transaction.

                   Division 2 -- Eligibility criteria (applicants)
     9.          Criterion 1 -- applicant to be a natural person
                 An applicant for a first home owner grant must be a natural
                 person.

20   10.         Criterion 2 -- applicant to be Australian citizen or
                 permanent resident
           (1)   Subject to subsection (2), an applicant for a first home owner
                 grant must be an Australian citizen or a permanent resident.
           (2)   If an application is made by joint applicants and one of the
25               applicants is an Australian citizen or a permanent resident, it is
                 not necessary for any other to be an Australian citizen or
                 permanent resident.


     page 8
                                                    First Home Owner Grant Bill 2000
                                              First home owner grant          Part 2
                                        Eligibility criteria (applicants) Division 2
                                                                                s. 11



     11.         Criterion 3 -- applicant or applicant's spouse must not have
                 received an earlier grant
           (1)   Subject to subsection (2), an applicant is ineligible if --
                  (a) the applicant or the applicant's spouse has been a party
5                       to an earlier application under this Act or a
                        corresponding law; and
                  (b) a grant was paid on the application.
           (2)   An applicant is not ineligible if the grant was paid but later paid
                 back under the conditions on which the grant was made.

10   12.         Criterion 4 -- applicant or applicant's spouse must not have
                 had relevant interest in residential property
           (1)   An applicant is ineligible if the applicant or the applicant's
                 spouse has, before 1 July 2000, held --
                   (a) a relevant interest in residential property in the State; or
15                 (b) an interest in residential property in another State or a
                        Territory that is a relevant interest under the
                        corresponding law of that State or Territory.
           (2)   To work out for the purposes of subsection (1) whether an
                 applicant held a relevant interest (within the meaning of this Act
20               or a corresponding law) in residential property at a particular
                 time, any deferment of the applicant's right of occupation
                 because the property was subject to a lease is to be disregarded.
           (3)   An applicant is ineligible if the applicant or the applicant's
                 spouse has, on or after 1 July 2000 and before the date on which
25               the application is made, held an interest in property (other than
                 property to which the application relates), used at any time on or
                 after 1 July 2000 as the residence of the applicant or the
                 applicant's spouse, that is --
                   (a) a relevant interest in residential property in the State; or




                                                                              page 9
     First Home Owner Grant Bill 2000
     Part 2        First home owner grant
     Division 3    Eligible transactions
     s. 13



                  (b)   an interest in residential property in another State or a
                        Territory that is a relevant interest under the
                        corresponding law of that State or Territory.

     13.         Criterion 5 -- residence requirement
5          (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 within 12 months after completion
                 of the eligible transaction or a longer period approved by the
                 Commissioner.
10         (2)   The Commissioner may exempt an applicant from the residence
                 requirement if --
                   (a) the applicant is one of 2 or more joint applicants for a
                        first home owner grant;
                   (b) at least one of the applicants complies with the residence
15                      requirement; and
                   (c) there are, in the Commissioner's opinion, good reasons
                        to exempt the applicant from the residence requirement.

                         Division 3 -- Eligible transactions
     14.         Eligible transaction
20         (1)   An "eligible transaction" is --
                  (a)   a contract made on or after 1 July 2000 for the purchase
                        of a home in the State;
                  (b)   a comprehensive home building contract made on or
                        after 1 July 2000 by the owner of land in the State, or a
25                      person who will on completion of the contract be the
                        owner of land in the State, to have a home built on the
                        land; or
                  (c)   if the building work begins on or after 1 July 2000 --
                        the building of a home in the State by an owner builder.



     page 10
                                             First Home Owner Grant Bill 2000
                                        First home owner grant         Part 2
                                           Eligible transactions  Division 3
                                                                         s. 14



     (2)   A contract is a contract for the purchase of a home if it is a
           contract for the acquisition of a relevant interest in land on
           which a home is built.
     (3)   Unless the contract is declared under subsection (4) to be an
5          eligible transaction, a contract is not an eligible transaction if --
             (a) in the case of a contract to purchase a home -- the
                   purchaser had an option to purchase the home granted
                   before 1 July 2000, or the vendor had an option to
                   require the purchaser to purchase the home granted
10                 before that date; or
             (b) in the case of a comprehensive home building
                   contract -- either party had a right or option granted
                   before 1 July 2000 to require the other party to enter into
                   the contract.
15   (4)   The Commissioner may declare a contract to which, apart from
           this subsection, subsection (3) would apply to be an eligible
           transaction if the Commissioner is of the opinion that the
           contract does not have the effect of circumventing limitations
           on, or requirements affecting, eligibility for or entitlement to a
20         first home owner grant.
     (5)   The "commencement date" of an eligible transaction is --
            (a) in the case of a contract -- the date when the contract is
                  made; or
            (b) in the case of the building of a home by an owner
25                builder --
                    (i) the date when laying the foundations for the
                         home begins; or
                   (ii) another date (on or after 1 July 2000) the
                         Commissioner considers appropriate in the
30                       circumstances of the case.




                                                                       page 11
     First Home Owner Grant Bill 2000
     Part 2        First home owner grant
     Division 3    Eligible transactions
     s. 14



        (6)    Subject to any qualifications prescribed by the regulations, an
               eligible transaction is "completed" when --
                 (a) in the case of a contract for the purchase of a home --
                          (i) the purchaser becomes entitled to possession of
5                              the home under the contract; and
                         (ii) if the purchaser is to obtain a registered title to
                               the land on which the home is situated -- the
                               necessary steps to obtain registration of the
                               purchaser's title have been taken;
10               (b) in the case of a contract to have a home built -- the
                       building is ready for occupation as a place of residence;
                       or
                 (c) in the case of the building of a home by an owner
                       builder -- the building is ready for occupation as a place
15                     of residence.
        (7)    If a person purchases a movable building and intends to use it as
               a place of residence on land in which the person has a relevant
               interest but on which the building is not situated at the time of
               purchase --
20               (a) this Act applies as if the person were an owner builder
                        building a home on the land;
                 (b) the commencement date of the transaction is taken to be
                        the date of the contract to purchase the movable
                        building; and
25               (c) the transaction is taken to be completed when the
                        movable building is ready for occupation as a place of
                        residence on land in which the purchaser has a relevant
                        interest.
        (8)    The "consideration" for an eligible transaction is --
30              (a)   in the case of a contract for the purchase of a home --
                      the consideration for the purchase;



     page 12
                                                 First Home Owner Grant Bill 2000
                                            First home owner grant         Part 2
                                            Application for the grant Division 4
                                                                             s. 15



                  (b)    in the case of a comprehensive home building
                         contract -- the total consideration payable for the
                         building work; or
                  (c)    in the case of the building of a home by an owner
5                        builder -- the actual costs to the owner of carrying out
                         the work, excluding any allowance for the owner
                         builder's own labour.

                        Division 4 -- Application for the grant
     15.         Application for grant
10         (1)   An application for a first home owner grant is to be made to the
                 Commissioner.
           (2)   The application --
                  (a) is to be in a form approved by the Commissioner; and
                  (b) is to contain the information required by the
15                      Commissioner.
           (3)   An applicant must provide the Commissioner with any further
                 information the Commissioner requires to decide the
                 application.
           (4)   Information provided by an applicant in or in relation to an
20               application must, if the Commissioner so requires, be verified
                 by statutory declaration or supported by other evidence required
                 by the Commissioner.
           (5)   The application may only be made within a period --
                  (a) beginning on the commencement date of the eligible
25                      transaction to which the application relates; and
                  (b) ending 12 months after the completion of the eligible
                        transaction to which the application relates.
           (6)   However, the Commissioner may allow an application to be
                 made before the application period.


                                                                          page 13
     First Home Owner Grant Bill 2000
     Part 2        First home owner grant
     Division 5    Decision on application
     s. 16



           (7)   An applicant may, with the Commissioner's consent, amend an
                 application.

     16.         Interested persons
           (1)   All interested persons must be applicants, unless such a person
5                is excluded from the operation of this subsection by the
                 regulations.
           (2)   An applicant must be an interested person.
           (3)   In this section --
                 "interested person", in relation to an application for a first
10                    home owner grant, means a person who is, or will be, on
                      completion of the eligible transaction to which the
                      application relates, an owner of the relevant home.

     17.         Application on behalf of person under legal disability
           (1)   An application may be made on behalf of a person under a legal
15               disability by a guardian.
           (2)   For the purpose of determining eligibility, the person under the
                 legal disability is taken to be the applicant.

                       Division 5 -- Decision on application
     18.         Commissioner to authorise payment of grant
20         (1)   If the Commissioner is satisfied that a first home owner grant is
                 payable on an application, the Commissioner must authorise the
                 payment of the grant.
           (2)   Despite section 8(1)(b)(ii), the Commissioner may authorise the
                 payment of a first home owner grant before the completion of
25               the eligible transaction if the Commissioner is satisfied that --
                   (a) there are good reasons for doing so; and




     page 14
                                                 First Home Owner Grant Bill 2000
                                            First home owner grant         Part 2
                                            Decision on application   Division 5
                                                                             s. 19



                  (b)   the interests of the State can be adequately protected by
                        conditions requiring repayment of the grant if the
                        transaction is not completed within a reasonable time.

     19.         Amount of grant
5                The amount of a first home owner grant is the lesser of the
                 following --
                   (a) the consideration for the eligible transaction;
                   (b) $7 000.

     20.         Payment of grant
10         (1)   A first home owner grant is to be paid by electronic funds
                 transfer, by cheque or in any other way the Commissioner
                 thinks appropriate.
           (2)   A first home owner grant is to be paid to --
                  (a)   the applicant; or
15                (b)   another person to whom the applicant directs in writing
                        that the grant be paid.

     21.         Payment in anticipation of compliance with residence
                 requirement
           (1)   The Commissioner may authorise payment of a first home
20               owner grant in anticipation of compliance with the residence
                 requirement if the Commissioner is satisfied that each applicant
                 who is required to comply with, but has not yet complied with,
                 the residence requirement intends to occupy the home as his or
                 her principal place of residence within --
25                 (a) 12 months after completion of the eligible transaction;
                         or
                   (b) a longer period approved by the Commissioner.
           (2)   If a first home owner grant is paid in anticipation of compliance
                 with the residence requirement, the payment is made on


                                                                           page 15
     First Home Owner Grant Bill 2000
     Part 2        First home owner grant
     Division 5    Decision on application
     s. 22



                 condition that, if the residence requirement is not complied
                 with, the applicant must within 14 days after the relevant
                 date --
                   (a) give written notice of that fact to the Commissioner; and
5                  (b) repay the amount of the grant.
           (3)   In subsection (2) --
                 "relevant date" means the earlier of --
                      (a) the date on which the period allowed for compliance
                            with the residence requirement ends; or
10                    (b) the date on which it first becomes apparent to the
                            applicant (or any joint applicant) that the residence
                            requirement will not be complied with within that
                            period.
           (4)   In the case of a joint application, each joint applicant is
15               individually liable to comply with subsection (2)(a) and (b), but
                 compliance by any one or more of the joint applicants is taken
                 to be compliance by both or all of them.
           (5)   A person who fails to comply with the condition referred to in
                 subsection (2) commits an offence.
20               Penalty: $20 000.

     22.         Commissioner may impose conditions
           (1)   The Commissioner may authorise the payment of a first home
                 owner grant on conditions the Commissioner considers
                 appropriate.
25         (2)   A condition imposed by the Commissioner (under this section
                 or another provision of this Act) may require a person on whose
                 application the first home owner grant is paid --
                   (a) to give written notice of non-compliance with the
                         condition within a period stated in the condition; and



     page 16
                                                  First Home Owner Grant Bill 2000
                                             First home owner grant         Part 2
                                             Decision on application   Division 5
                                                                              s. 23



                  (b)   to repay the amount of the grant within a period stated in
                        the condition.
           (3)   In the case of a joint application, each joint applicant is
                 individually liable to comply with subsection (2)(a) and (b), but
5                compliance by any one or more of the joint applicants is taken
                 to be compliance by both or all of them.
           (4)   A person who fails to comply with a condition imposed by the
                 Commissioner (under this section or another provision of this
                 Act) commits an offence.
10               Penalty: $20 000.

     23.         Death of applicant
           (1)   An application for a first home owner grant does not lapse
                 because an applicant dies before the application is decided.
           (2)   If an applicant dies before the application is decided, the
15               following provisions apply --
                   (a) if the deceased was one of 2 or more applicants and one
                         or more applicants survive, the application is to be dealt
                         with as if the surviving applicants were the sole
                         applicants;
20                 (b) in any other case, a first home owner grant, if payable
                         on the application, is to be paid to the estate of the
                         deceased.
           (3)   If a deceased applicant for a first home owner grant had not, by
                 the date of death, occupied the home to which the application
25               relates as the applicant's principal place of residence, but the
                 Commissioner is satisfied that he or she intended to do so within
                 12 months after completion of the eligible transaction or a
                 longer period approved by the Commissioner, the residence
                 requirement is satisfied.




                                                                            page 17
     First Home Owner Grant Bill 2000
     Part 2        First home owner grant
     Division 5    Decision on application
     s. 24



     24.         Power to correct decision
           (1)   If the Commissioner decides an application and is later satisfied,
                 independently of an objection under this Act, that the decision is
                 incorrect, the Commissioner may vary or reverse the decision.
5          (2)   If, before a home owner grant is paid to an applicant, the
                 Commissioner is satisfied that --
                    (a) the decision to authorise the payment is incorrect; and
                   (b) the reversal of the decision would prejudice the
                         applicant or another person because of having acted in
10                       reliance on that decision,
                 the Commissioner may authorise the payment to be made on
                 condition that the applicant must within the period stated in the
                 condition repay the amount of the grant.
           (3)   Subject to subsection (4), a decision cannot be varied or
15               reversed under this section more than 5 years after it was made.
           (4)   If the Commissioner is satisfied that a decision was made on the
                 basis of false or misleading information, the decision may be
                 varied or reversed under this section at any time.

     25.         Notice of decision
20         (1)   When the Commissioner decides an application, or decides to
                 vary or reverse an earlier decision on an application, the
                 Commissioner must give the applicant written notice of the
                 decision.
           (2)   If the decision is to authorise the payment of a first home owner
25               grant without conditions, the payment of the grant is sufficient
                 notice of the decision.
           (3)   If the decision is to refuse an application, or to vary or reverse
                 an earlier decision on an application, the Commissioner must
                 state in the notice the reasons for the decision.



     page 18
                                                 First Home Owner Grant Bill 2000
                                            First home owner grant         Part 2
                                            Objections and appeals    Division 6

                                                                               s. 26


                       Division 6 -- Objections and appeals

                               Subdivision 1 -- Definitions

     26.         Definitions
                 In this Division --
5                "decision on the application", in relation to an application for
                     a first home owner grant, includes --
                     (a) a decision to vary or reverse an earlier decision;
                     (b) a requirement under section 51 to repay an amount
                            paid on the application; and
10                   (c) an imposition of a penalty under section 51;
                 "objector" means a person who makes an objection under
                     section 27.

                               Subdivision 2 -- Objections

     27.         Right to object and procedure for making objections
15         (1)   An applicant for a first home owner grant who is dissatisfied
                 with the Commissioner's decision on the application may object
                 to the decision.
           (2)   An objection --
                  (a) is to be in writing;
20                (b) is to set out fully and in detail the grounds of the
                        objection; and
                  (c) is to be lodged with the Commissioner.

     28.         Time for lodging objection
           (1)   An objection to a decision on the application is to be lodged
25               within 60 days after the date on which notice of the decision is
                 given to the objector.



                                                                             page 19
     First Home Owner Grant Bill 2000
     Part 2        First home owner grant
     Division 6    Objections and appeals

     s. 29


           (2)   However, the Commissioner may, on application by the
                 objector, extend the time for lodging an objection.
           (3)   An application for an extension of time is to set out fully and in
                 detail the grounds on which the objector asks for an extension of
5                time.

     29.         Consideration of objection
           (1)   The Commissioner must consider an objection and must make a
                 decision on the objection on the basis of --
                   (a) the grounds set out in the written objection and any
10                      other relevant written material submitted by the
                        objector; and
                   (b) any information obtained by the Commissioner in the
                        course of investigating the objection.
           (2)   The onus of establishing that the decision on the application to
15               which an objection relates is incorrect lies on the objector.

     30.         Decision on objection
           (1)   The Commissioner may decide an objection by confirming,
                 varying or reversing the decision on the application to which the
                 objection relates.
20         (2)   The Commissioner must give the objector notice of the decision
                 on the objection and, if the objection is disallowed, the reasons
                 for the decision on the objection.
           (3)   If a decision not to authorise the payment of a first home owner
                 grant is reversed as a result of an objection, interest at the
25               prescribed rate is payable on the amount of the grant from the
                 date of the objection to the date of the decision on the objection.




     page 20
                                                 First Home Owner Grant Bill 2000
                                            First home owner grant         Part 2
                                            Objections and appeals    Division 6

                                                                             s. 31


                               Subdivision 3 -- Appeals

     31.         Right of appeal
           (1)   An objector who is dissatisfied with the Commissioner's
                 decision on the objection may appeal to a Local Court against
5                the decision.
           (2)   An appeal is to be commenced within 60 days after the date on
                 which notice of the decision on the objection is given to the
                 objector.
           (3)   However, the court may, on application by the objector, extend
10               the time for commencing an appeal.

     32.         Hearing and determination of appeals
           (1)   A Local Court has jurisdiction to hear and determine an appeal
                 and --
                   (a) the proceedings are to be conducted in the manner
15                     prescribed by the rules of court or, if no rules of court
                       are applicable, in the manner directed by the court; and
                   (b) unless the court otherwise orders, the appeal is to be in
                       the nature of a rehearing.
           (2)   The court may dispose of an appeal by --
20                (a) confirming, varying or reversing the Commissioner's
                        decision on the application; and
                  (b) making any consequential or ancillary orders (including
                        orders for costs) that it considers appropriate.
           (3)   The decision on an appeal under this section is final.
25         (4)   If a decision not to authorise the payment of a first home owner
                 grant is reversed as a result of an appeal, interest at the
                 prescribed rate is payable on the amount of the grant from the
                 date of the objection to the decision on the application to the
                 date of the decision on the appeal.


                                                                          page 21
    First Home Owner Grant Bill 2000
    Part 2        First home owner grant
    Division 6    Objections and appeals

    s. 33


                Subdivision 4 -- Basis on which Commissioner may act

    33.          Basis on which Commissioner may act
          (1)    Although a decision on the application is subject to an objection
                 or appeal under this Division, the Commissioner may act on the
5                basis that the decision is correct until the objection or appeal is
                 decided.
          (2)    When an objection or appeal is decided, the Commissioner must
                 take any necessary action to give effect to that decision.




    page 22
                                               First Home Owner Grant Bill 2000
                                                    Administration       Part 3
                                           Administration generally Division 1
                                                                           s. 34



                            Part 3 -- Administration
                      Division 1 -- Administration generally
     34.         Administration of Act
           (1)   The Commissioner is responsible to the Minister for applying
5                and giving effect to this Act.
           (2)   The Commissioner is not subject to the control or direction of
                 the Minister in relation to --
                   (a) the interpretation of this Act; or
                   (b) the performance of a function under this Act.

10   35.         Delegation
           (1)   The Commissioner may, by instrument, delegate the
                 performance of any of the Commissioner's functions under this
                 Act except --
                   (a) this power of delegation; or
15                 (b) the power to authorise an authorised investigator under
                        section 42(3), 43(1)(a) or 45(2).
           (2)   A delegation under subsection (1) may be made --
                  (a) to a person employed or engaged in the administration
                        or enforcement of this Act or another Act administered
20                      by the Commissioner or under which the Commissioner
                        exercises statutory functions;
                  (b) to an authority or person referred to in section 39(2); or
                  (c) in accordance with an agreement entered into by the
                        Commissioner under section 37.
25         (3)   A delegate cannot subdelegate the performance of any function
                 unless the delegate is expressly authorised by the instrument of
                 delegation to do so.



                                                                          page 23
     First Home Owner Grant Bill 2000
     Part 3        Administration
     Division 1    Administration generally
     s. 36



           (4)   A function performed by a delegate of the Commissioner is
                 taken to be performed by the Commissioner.
           (5)   A delegate performing a function under this section is taken to
                 do so in accordance with the terms of the delegation unless the
5                contrary is shown.
           (6)   Nothing in this section or section 37 limits the ability of the
                 Commissioner to act through the Commissioner's officers and
                 agents in the normal course of business.

     36.         Authorised investigators
10         (1)   The Commissioner may appoint a person to be an authorised
                 investigator for the purposes of this Act.
           (2)   The Commissioner must issue an identity card to each
                 authorised investigator.
           (3)   An identity card is to --
15                (a)   contain a statement to the effect that the person
                        identified by the card is an authorised investigator for
                        the purposes of this Act; and
                  (b)   display a photograph of the authorised investigator.
           (4)   If a person to whom an identity card is issued ceases to be an
20               authorised investigator, the person commits an offence if the
                 person does not immediately return the card to the
                 Commissioner.
                 Penalty: $20 000.

     37.         Administration agreements
25         (1)   Without limiting section 35, the Commissioner may enter into
                 an agreement (an "administration agreement") with a
                 financial institution or other person under which --
                   (a) the Commissioner delegates functions related to the
                         administration of the first home owner scheme to the
30                       financial institution or other person; and

     page 24
                                                 First Home Owner Grant Bill 2000
                                                     Administration        Part 3
                                                      Investigations  Division 2

                                                                               s. 38


                  (b)   the financial institution or other person is required to
                        carry out the delegated functions in accordance with
                        conditions specified in the agreement.
           (2)   The conditions specified in an administration agreement must
5                include any conditions prescribed by the regulations.
           (3)   The conditions that may be prescribed by the regulations
                 include --
                   (a) conditions requiring the financial institution or other
                         person to keep specified records for a specified period;
10                 (b) conditions relating to the retention of interest on
                         amounts received by the financial institution or other
                         person.
           (4)   The Commissioner may at any time, at the Commissioner's
                 discretion, terminate an administration agreement.

15                           Division 2 -- Investigations
     38.         Investigations
                 An investigation may be carried out under this Division to
                 determine --
                   (a) whether an application under this Act or a corresponding
20                      law for a first home owner grant has been properly
                        made;
                   (b) whether an objection to a decision made under this Act
                        or a corresponding law should be upheld;
                   (c) whether an applicant to whom, or for whose benefit, a
25                      first home owner grant has been paid under this Act or a
                        corresponding law was eligible for the grant;
                   (d) whether a condition on which a first home owner grant
                        has been paid under this Act or a corresponding law has
                        been complied with; or



                                                                            page 25
     First Home Owner Grant Bill 2000
     Part 3        Administration
     Division 2    Investigations

     s. 39


                   (e)   any other matter related to the administration or
                         enforcement of this Act or a corresponding law.

     39.         Cross-border investigations
           (1)   The Commissioner may, at the request of an authority
5                responsible for administering a corresponding law, carry out an
                 investigation for the purposes of the corresponding law.
           (2)   The Commissioner may, under section 35, delegate powers of
                 investigation under this Division to the authority responsible for
                 the administration of a corresponding law or a person nominated
10               by that authority.

     40.         Power of investigation
           (1)   For the purposes of an investigation, the Commissioner may
                 require a person --
                   (a) to provide oral or written answers to specified questions;
15                       or
                   (b) to produce to the Commissioner specified relevant
                         material, or relevant material of a specified class, in the
                         person's possession or control.
           (2)   The Commissioner may make the requirement --
20                (a) if an oral answer is required -- orally; or
                  (b) if a written answer is required -- by written notice given
                       to the person to whom the requirement is addressed.
           (3)   A person who is required to provide written answers to
                 questions must, if the notice given to the person so requires,
25               verify the answers by statutory declaration.
           (4)   A person who does not comply with a requirement of a notice
                 within the time specified in the notice, or any further time
                 approved by the Commissioner, commits an offence.
                 Penalty: $20 000.


     page 26
                                                 First Home Owner Grant Bill 2000
                                                     Administration        Part 3
                                                      Investigations  Division 2

                                                                                  s. 41


     41.         Power to require person to attend for examination
           (1)   For the purposes of an investigation, the Commissioner may
                 require a person to attend at a specified time and place before an
                 authorised investigator for examination on a subject specified in
5                the notice under subsection (2).
           (2)   A requirement is to be made by written notice given to the
                 person to whom the requirement is addressed.
           (3)   The time and place fixed for the examination of the person to
                 whom a notice is addressed under this section, if practicable, is
10               to be reasonably convenient to that person.
           (4)   A notice requiring a person to attend for examination may
                 require the person to bring and produce to the authorised
                 investigator conducting the examination specified relevant
                 material in the person's possession or control relating to the
15               subject of the examination.
           (5)   An authorised investigator conducting an examination --
                  (a) may require a person attending for examination to make
                        an oath or affirmation to answer all questions truthfully
                        and may administer the oath or affirmation;
20                (b) may require the person to answer a question relevant to
                        the subject matter of the examination put by the
                        authorised investigator or, with the consent of the
                        authorised investigator, by another person present at the
                        examination; and
25                (c) may require the person to produce for examination by
                        the authorised investigator relevant material in the
                        person's possession at the examination.
           (6)   A person who does not comply with a requirement under this
                 section commits an offence.
30               Penalty: $20 000.



                                                                            page 27
     First Home Owner Grant Bill 2000
     Part 3        Administration
     Division 2    Investigations

     s. 42


           (7)   The regulations may provide for the payment of witness fees
                 and expenses to persons who attend for examination under this
                 section.

     42.         Entry of premises
5          (1)   Subject to subsection (2), an authorised investigator may, for the
                 purposes of an investigation, enter and remain on premises to
                 exercise an investigator's powers of investigation under this
                 Division.
           (2)   An authorised investigator may only enter premises that
10               comprise a residential property --
                   (a) at any reasonable time with the consent of the occupier
                        of the premises;
                   (b) in accordance with the authorisation conferred by a
                        warrant; or
15                 (c) if the authorised investigator believes, on reasonable
                        grounds, that it is urgently necessary to do so in order to
                        prevent the destruction of or interference with relevant
                        material --at any time without the consent of the
                        occupier and without a warrant.
20         (3)   The authorised investigator must not exercise the power in
                 subsection (2)(c) unless the Commissioner has, in the particular
                 case, authorised the investigator to do so.
           (4)   The authorised investigator must, at the reasonable request of a
                 person apparently in a position of authority on the premises or
25               any other person on the premises --
                   (a) display the investigator's identity card; and
                   (b) if the investigator has entered or is about to enter the
                        premises under a warrant -- display the warrant.




     page 28
                                                 First Home Owner Grant Bill 2000
                                                     Administration        Part 3
                                                      Investigations  Division 2

                                                                               s. 43


     43.         Powers of authorised investigator on entry of premises
           (1)   An authorised investigator who enters premises under
                 section 42 may do any one or more of the following --
                   (a) search the premises and examine anything on the
5                        premises, opening it if necessary and, if specifically
                         authorised to do so by the Commissioner, breaking it
                         open;
                   (b) take possession of relevant material and retain it for as
                         long as may be necessary --
10                          (i) for examining it, or examining and copying it, to
                                determine its evidentiary value;
                           (ii) if it is relevant to an investigation of the
                                eligibility for a first home owner grant of a
                                person --
15                                   (I) by whom, or on whose behalf, an
                                            application for the grant has been made;
                                            or
                                    (II) to whom, or for whose benefit, the grant
                                            has been paid,
20                              until the eligibility of the person has been
                                determined; or
                          (iii) if it is relevant to possible legal proceedings --
                                for the purposes of those proceedings;
                   (c) if relevant material found on the premises cannot be
25                       conveniently removed, secure it against interference;
                   (d) request any person who is on the premises --
                            (i) to state his or her full name and address;
                           (ii) to answer (orally or in writing) questions put by
                                the authorised investigator relevant to the
30                              investigation;
                          (iii) to produce relevant material in the person's
                                possession or control;

                                                                            page 29
     First Home Owner Grant Bill 2000
     Part 3        Administration
     Division 2    Investigations

     s. 43


                       (iv)   to operate, or allow the authorised investigator to
                              operate, for investigation purposes equipment or
                              facilities on the premises; or
                        (v)   to give other assistance the authorised
5                             investigator reasonably requires to carry out the
                              investigation.
        (2)    A person who does not comply with an authorised investigator's
               request under this section commits an offence.
               Penalty: $20 000.
10      (3)    An authorised investigator is not authorised to take anything
               from premises unless the investigator --
                 (a) gives the occupier, or another person apparently
                      responsible to the occupier, a receipt for the thing taken,
                      if requested to do so by the occupier or other person; or
15               (b) if the occupier, or a person apparently responsible to the
                      occupier, is not present -- leaves a receipt for the thing
                      taken, in an envelope addressed to the occupier, in a
                      prominent position on the premises.
        (4)    A receipt is to be in a form approved by the Commissioner.
20      (5)    The Commissioner must ensure that a person from whom
               anything is taken under this section and who would otherwise
               be entitled to possession of the thing is allowed --
                 (a) if the thing taken is a document -- reasonable access to
                       it or a copy of it, as the Commissioner considers
25                     appropriate; or
                 (b) in any other case -- reasonable access to it.
        (6)    If an authorised investigator takes possession of anything under
               this section, the Commissioner must ensure that it is returned to
               the person entitled to possession of it --
30               (a) if it was taken in connection with the prosecution or
                       possible prosecution of a suspected offence under this
                       Act -- as soon as practicable after the relevant

     page 30
                                                 First Home Owner Grant Bill 2000
                                                     Administration        Part 3
                                                      Investigations  Division 2

                                                                              s. 44


                        prosecution is completed or discontinued or, if no
                        prosecution is commenced, as soon as practicable after
                        the decision not to prosecute is made;
                  (b)   if it was taken in connection with the investigation of the
5                       eligibility for a first home owner grant of a person
                        referred to in subsection (1)(b)(ii) -- as soon as
                        practicable after the eligibility of the person has been
                        determined and any procedures, including legal
                        proceedings, relating to the recovery of the grant have
10                      been completed; or
                  (c)   in any other case -- within 28 days after it was taken.

     44.         Warrants
           (1)   If a justice is satisfied by a complaint on oath that it is
                 reasonably necessary for an authorised investigator to enter
15               premises for the purposes of an investigation, the justice may
                 issue a warrant authorising an authorised investigator --
                   (a) to enter the premises at a time or within a period stated
                          in the warrant; and
                   (b) to exercise an investigator's powers of investigation
20                        under this Division.
           (2)   An authorised investigator who applies to a justice for a warrant
                 under this section must produce to the justice the investigator's
                 identity card.
           (3)   The authority conferred by a warrant may be exercised by the
25               authorised investigator on whose application the warrant was
                 issued or by any other authorised investigator.

     45.         Use of force
           (1)   An authorised investigator may use reasonable force --
                  (a) to enter premises under section 42; or
30                (b) to exercise the powers under section 43(1)(a), (b) and
                        (c).

                                                                           page 31
     First Home Owner Grant Bill 2000
     Part 3        Administration
     Division 2    Investigations

     s. 46


           (2)   However, if the use of reasonable force is likely to cause
                 damage to property, the authorised investigator is not entitled to
                 use force under subsection (1) unless the Commissioner has, in
                 the particular case, authorised the investigator to do so.
5          (3)   No liability is incurred as a result of injury or damage arising
                 from the use of reasonable force under this section.

     46.         Self incrimination
           (1)   A person is not excused from complying with a requirement
                 under this Division to answer a question or produce relevant
10               material on the ground that the answer to the question or the
                 contents of the material might tend to incriminate the person or
                 make the person liable to a penalty.
           (2)   However, if the person answers the question or produces the
                 relevant material after objecting on the ground referred to in
15               subsection (1), evidence of the answer to the question or the
                 production or contents of the material is not admissible against
                 the person in any proceedings other than proceedings for an
                 offence against this Act or arising out of the false or misleading
                 nature of the answer given or material produced.




     page 32
                                                 First Home Owner Grant Bill 2000
                                                     Miscellaneous         Part 4
                                                          Offences    Division 1
                                                                             s. 47



                             Part 4 -- Miscellaneous
                                Division 1 -- Offences
     47.         False or misleading information and documents
           (1)   A person who provides information, orally or in writing, or a
5                document to the Commissioner or an authorised investigator
                 knowing the information or document to be false or misleading
                 in a material particular commits an offence.
                 Penalty: $20 000.
           (2)   If a person provides information or a document to the
10               Commission or an authorised investigator that is false or
                 misleading in a material particular, the person is to be
                 presumed, in proceedings for an offence against this section, to
                 have known that the information or document was false or
                 misleading in a material particular unless the contrary is proved.
15         (3)   In this section --
                 "document" means anything or any process --
                      (a) on or by which information is recorded or stored; or
                      (b) by means of which a meaning can be conveyed in a
                             visible or recoverable form,
20                    whether or not the use or assistance of an electronic,
                      electrical, mechanical, chemical or other device or process
                      is required to recover or convey the information.

     48.         Obstructing or misleading Commissioner or authorised
                 investigator
25         (1)   A person who hinders or obstructs an authorised investigator in
                 carrying out functions under this Act commits an offence.
                 Penalty: $20 000.




                                                                           page 33
     First Home Owner Grant Bill 2000
     Part 4        Miscellaneous
     Division 2    Evidentiary provisions
     s. 49



           (2)   A person who misleads an authorised investigator in a way that
                 may affect the carrying out of the investigator's functions under
                 this Act commits an offence.
                 Penalty: $20 000.
5          (3)   In this section --
                 "authorised investigator" includes the Commissioner.

                        Division 2 -- Evidentiary provisions
     49.         Evidence
           (1)   A certificate signed by the Commissioner stating that a first
10               home owner grant was paid to a person named in the certificate
                 on a specified date is admissible in legal proceedings as
                 evidence of the payment.
           (2)   A copy of a notice issued by the Commissioner imposing a
                 penalty under this Act is admissible in legal proceedings as
15               evidence of the imposition of the penalty.
           (3)   A copy of a notice issued by the Commissioner requiring the
                 payment or repayment of a specified amount is admissible in
                 legal proceedings as evidence --
                   (a) that the requirement was made; and
20                 (b) that the amount specified in the notice was outstanding
                         at the date of the notice.

     50.         Presumption of regularity
           (1)   Proceedings for an offence against this Act that are taken in the
                 name of the Commissioner are presumed, in the absence of
25               evidence to the contrary, to have been duly taken by the
                 Commissioner or under the Commissioner's authority.
           (2)   In legal proceedings, compliance by the Commissioner or an
                 authorised investigator with the requirements of this Act is
                 presumed, in the absence of evidence to the contrary.


     page 34
                                               First Home Owner Grant Bill 2000
                                                   Miscellaneous         Part 4
                                         Repayments and penalties   Division 3
                                                                           s. 51



                     Division 3 -- Repayments and penalties
     51.         Commissioner may require repayment and impose penalty
           (1)   The Commissioner may, by written notice, require an applicant
                 for a first home owner grant to repay an amount paid on the
5                application if --
                   (a) the amount was paid in error;
                   (b) the Commissioner reverses the decision under which the
                          amount was paid for a reason other than that the amount
                          was paid in error; or
10                 (c) the Commissioner imposed a condition on the payment
                          of the amount with which the applicant (or any joint
                          applicant) has failed to comply within the period stated
                          in the condition.
           (2)   If an amount paid on an application for a first home owner grant
15               was paid in error because of information that the Commissioner
                 considers to be false or misleading given by the applicant in or
                 in relation to the application, the Commissioner may, by written
                 notice, impose a penalty of not more than the amount the
                 applicant is required to pay.
20         (3)   If an amount required to be repaid under this section by an
                 applicant is not paid within the period mentioned in
                 subsection (4), the Commissioner may, by written notice,
                 impose a penalty of not more than the amount the applicant is
                 required to pay.
25         (4)   Subject to section 52, a repayment required, or a penalty
                 imposed, under this section must be paid by the applicant within
                 28 days after the date on which notice of the requirement or
                 penalty is given to the applicant.
           (5)   If a person is liable to pay a penalty under both subsections (2)
30               and (3), payment of the penalty under one subsection discharges
                 the person from liability to pay the penalty under the other
                 subsection to the extent of the payment made.

                                                                          page 35
     First Home Owner Grant Bill 2000
     Part 4        Miscellaneous
     Division 3    Repayments and penalties
     s. 52



     52.         Arrangements for instalments and extensions of time
           (1)   The Commissioner may approve (with or without amendment) a
                 written arrangement --
                  (a) extending the period for paying a repayment required, or
5                        a penalty imposed, under section 51 (a "required
                         repayment"); or
                  (b) providing for the required repayment to be made in
                         specified instalments.
           (2)   An application for the Commissioner's approval of a proposed
10               repayment arrangement is to set out fully and in detail the
                 reasons why the applicant wants more time to make the required
                 repayment.
           (3)   A repayment arrangement may include --
                  (a) conditions agreed with the applicant providing for the
15                      payment (and allowing for the remission) of interest at
                        the prescribed rate or at another rate fixed by or under
                        the arrangement with the agreement of the applicant;
                        and
                  (b) any other conditions the Commissioner considers
20                      appropriate.
           (4)   The Commissioner may, by written notice given to the person
                 with whom a repayment arrangement has been made, amend the
                 arrangement --
                   (a) by agreement with the person; or
25                 (b) as provided in the conditions of the arrangement.
           (5)   The Commissioner may, by written notice given to the person
                 with whom a repayment arrangement has been made, cancel the
                 arrangement if --
                   (a) a payment is not made in accordance with the
30                      arrangement; or



     page 36
                                                First Home Owner Grant Bill 2000
                                                    Miscellaneous         Part 4
                                          Repayments and penalties   Division 3
                                                                            s. 53



                  (b)    the person does not comply with any condition of the
                         arrangement.
           (6)   On the cancellation of a repayment arrangement, the whole of
                 the required repayment outstanding under the arrangement,
5                together with interest, becomes due and payable as from the
                 date of the cancellation or the original due date for making the
                 required repayment to which the arrangement applies,
                 whichever is the later.
           (7)   Despite the cancellation of a repayment arrangement, interest
10               continues to accrue at the prescribed rate, or the other rate fixed
                 by or under the agreement, until the outstanding required
                 repayment to which the arrangement formerly applied is paid.

     53.         Recovery of certain amounts
           (1)   This section applies to --
15                (a) an amount that is required to be repaid under the
                         conditions of a first home owner grant or by a
                         requirement of the Commissioner under this Act;
                  (b) the amount of a penalty imposed by the Commissioner
                         under this Act;
20                (c) an amount, together with interest, that is due and
                         payable under a repayment arrangement; and
                  (d) an amount that is required to be paid under section 60.
           (2)   An applicant for a first home owner grant who is required to
                 repay or pay an amount to which this section applies is liable to
25               pay the amount to the Commissioner and, if there are 2 or more
                 applicants, the liability is joint and several.
           (3)   An amount to which this section applies is recoverable by the
                 Commissioner in a court of competent jurisdiction as a debt due
                 to the Crown.




                                                                             page 37
     First Home Owner Grant Bill 2000
     Part 4        Miscellaneous
     Division 4    Charge on interest in home
     s. 54



     54.         Writing off liability
           (1)   The Commissioner may write off the whole or part of an
                 outstanding amount to which section 53 applies if satisfied that
                 action, or further action, to recover the amount is impracticable
5                or unwarranted.
           (2)   The Commissioner does not, by writing off an outstanding
                 amount --
                  (a) extinguish the liability to pay the amount; or
                  (b) prevent later proceedings to recover the amount.
10         (3)   A decision by the Commissioner to write off an outstanding
                 amount, or not to write off the amount, cannot be the subject of
                 appeal or judicial review or otherwise be called in question in
                 any proceedings.
           (4)   This section is subject to the Financial Administration and
15               Audit Act 1985.

                     Division 4 -- Charge on interest in home
     55.         Lodgement of memorial and creation of charge
           (1)   The Commissioner may lodge with the Registrar a memorial
                 signed by the Commissioner if an applicant for a first home
20               owner grant --
                   (a) is liable to pay an amount to which section 53 applies;
                        and
                   (b) holds a relevant interest in relation to the home for
                        which the grant was sought.
25         (2)   When the memorial is registered by the Registrar, a charge for
                 the amount to which section 53 applies is created on the
                 relevant interest.
           (3)   If the memorial so provides, the Registrar cannot, after its
                 registration, register a dealing with the relevant interest, and


     page 38
                                                 First Home Owner Grant Bill 2000
                                                      Miscellaneous        Part 4
                                          Charge on interest in home  Division 4
                                                                             s. 56



                 must reject an instrument submitted for registration relating to
                 such a dealing, unless --
                   (a) the Commissioner consents; or
                   (b) the registration of the memorial has been cancelled.
5          (4)   The Registrar must cancel the registration of the memorial --
                  (a)    on the application of the Commissioner; or
                  (b)    on the application of the person who holds the relevant
                         interest, if the application is accompanied by an
                         instrument signed by the Commissioner releasing the
10                       relevant interest from the charge created by the
                         registration of the memorial.
           (5)   When the memorial is registered, the Commissioner must notify
                 the holder of any registered encumbrance over the relevant
                 interest of the registration of the memorial, but a failure to do so
15               does not invalidate the registration of the memorial.
           (6)   In this section --
                 "registered" means registered under the Registration of Deeds
                      Act 1856 or Transfer of Land Act 1893, as the case
                      requires.

20   56.         Priority of charge
           (1)   A charge created by the registration of a memorial referred to in
                 section 55 is a first charge on the relevant interest to which it
                 relates and has priority over all other mortgages, charges and
                 other encumbrances over the relevant interest.
25         (2)   However, if there is another charge on the relevant interest that
                 ranks as a first charge under another Act, the relative priority of
                 the charge referred to in subsection (1) and the other charge is to
                 be determined according to the order of registration.




                                                                             page 39
     First Home Owner Grant Bill 2000
     Part 4        Miscellaneous
     Division 4    Charge on interest in home
     s. 57



     57.         Release of relevant interest from charge
           (1)   The Commissioner must, on payment of the amount secured by
                 a charge on a relevant interest created by the registration of a
                 memorial referred to in section 55, release the relevant interest
5                from the charge.
           (2)   The Registrar must, on the production of the instrument of
                 release, cancel the registration of the memorial.

     58.         Order for sale of relevant interest
           (1)   If --
10                 (a)   an applicant for a first home owner grant --
                            (i) is liable to pay an amount under section 53(2)
                                 (the "outstanding amount"); and
                           (ii) holds a relevant interest in relation to the home
                                 for which the grant was sought;
15                (b)    the outstanding amount remains unpaid for 18 months
                         after the registration of the memorial referred to in
                         section 55 to create a charge to secure the amount; and
                   (c)   the registration of the memorial has not been cancelled,
                 the Commissioner may apply to the Supreme Court for an order
20               for the sale of the relevant interest so that the proceeds of sale
                 may be applied towards satisfaction of the outstanding amount.
           (2)   At least 6 months before the Commissioner makes an
                 application to the Supreme Court under this section, the
                 Commissioner must --
25                 (a) have notice of the intended application published in
                         2 newspapers --
                            (i) one circulating generally throughout the State;
                                 and
                           (ii) the other circulating generally throughout
30                               Australia;


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                                          First Home Owner Grant Bill 2000
                                               Miscellaneous        Part 4
                                   Charge on interest in home  Division 4
                                                                      s. 58



            (b)   if the whereabouts of the person referred to in
                  subsection (1)(a) are known to the Commissioner --
                  give written notice of the intended application to the
                  person; and
5           (c)   give written notice of the intended application to the
                  holder of any registered encumbrance over the relevant
                  interest whose whereabouts are known to the
                  Commissioner.
     (3)   On an application under this section, the Supreme Court may
10         order the sale of the relevant interest and make incidental
           orders --
             (a) about how the sale is to be conducted;
             (b) authorising an officer of the Court to execute
                   documents, and to do anything else necessary, for the
15                 sale and conveyance of the relevant interest;
             (c) authorising the Registrar to register a transfer to a
                   purchaser without requiring the duplicate (if any) of the
                   certificate of title or any other document;
             (d) directing (subject to subsection (5)) how the proceeds of
20                 sale are to be dealt with; and
             (e) dealing with the costs of the proceedings and other
                   incidental matters.
     (4)   A sale by order of the Supreme Court discharges the relevant
           interest from any mortgage, charge or other encumbrance
25         securing a monetary obligation, but the relevant interest remains
           subject to any lease, easement or other encumbrance.
     (5)   The proceeds of the sale are to be applied --
            (a)   firstly, in payment of the costs of the sale;
            (b)   secondly, in payment of the costs of the proceedings so
30                far as those costs are, by order of the Court, to be paid
                  out of the proceeds of sale;
            (c)   thirdly, in payment of the outstanding amount; and

                                                                     page 41
     First Home Owner Grant Bill 2000
     Part 4        Miscellaneous
     Division 5    Service of documents

     s. 59


                  (d)   fourthly, in discharge of any outstanding monetary
                        liability secured by a mortgage, charge or other
                        encumbrance referred to in subsection (4),
                 and any remaining balance is to be applied as directed by the
5                Court.

     59.         Charge not to limit other means of enforcing payment
                 The existence of a charge created by the registration of a
                 memorial referred to in section 55 does not affect the
                 Commissioner's discretion to proceed for recovery of the
10               amount secured by the charge in proceedings unrelated to the
                 charge.

     60.         Commissioner may require fees to be reimbursed
           (1)   The Commissioner may, by written notice, require an applicant
                 for a first home owner grant, who holds a relevant interest in
15               relation to which a memorial is lodged under section 55, to pay
                 the amount of any fees paid by the Commissioner for the
                 registration, or the cancellation of the registration, of the
                 memorial.
           (2)   An amount required to be paid under subsection (1) must be
20               paid by the applicant within 28 days after the date on which
                 notice of the requirement is given to the applicant.

                        Division 5 -- Service of documents
     61.         Service on joint applicants or agent or representative
           (1)   A notice or other document to be served by the Commissioner
25               under this Act on joint applicants for a first home owner grant is
                 taken to have been duly served on both or all of the applicants if
                 duly served on any one of them.




     page 42
                                                First Home Owner Grant Bill 2000
                                                     Miscellaneous        Part 4
                                              Service of documents   Division 5

                                                                              s. 62


           (2)   A notice or other document to be served by the Commissioner
                 under this Act is duly served if served on --
                   (a) an agent with apparent authority to accept service of the
                         notice or other document; or
5                  (b) a person who lodged the application to which the notice
                         or other document relates.

     62.         Method of service by Commissioner
           (1)   A notice or other document to be served by the Commissioner
                 under this Act is duly served on a particular person if --
10                 (a) given to the person personally;
                   (b) left for the person at the person's place of residence or
                         business;
                   (c) sent by prepaid post (including document exchange)
                         addressed to the person at an address appearing on
15                       correspondence addressed by or on behalf of the person
                         to the Commissioner or otherwise notified to the
                         Commissioner;
                  (d) left for collection by the person, or that person's agent,
                         in a collection box maintained at the Commissioner's
20                       office;
                   (e) faxed or sent by computer transmission to a facsimile
                         number or an address for the receipt of electronic mail
                         appearing in correspondence addressed by or on behalf
                         of the person to the Commissioner or otherwise notified
25                       to the Commissioner; or
                    (f) communicated in some other way agreed by the person.
           (2)   The use of a particular method for service of a document on a
                 particular person does not prevent the service of other
                 documents on the same person in a different way.
30         (3)   If a notice or other document is not served personally, the
                 document is taken to be served on the business day following
                 the day on which the document is sent to, or left for, the person

                                                                           page 43
     First Home Owner Grant Bill 2000
     Part 4        Miscellaneous
     Division 6    General
     s. 63



                 to whom it is addressed, subject to the exceptions in subsection
                 (4).
           (4)   If --
                   (a)   the notice or document is sent by post to an address
5                        within Australia but outside the State -- a further
                         4 business days are to be allowed;
                  (b)    the notice or document is sent by post to an address
                         outside Australia -- a further 10 business days are to be
                         allowed.

10   63.         Service of court process
                 If a person on whom a document is to be served for the purpose
                 of court proceedings commenced by the Commissioner under
                 this Act has not notified the Commissioner of an address in the
                 State at which the document may be served (either on the person
15               or on an agent who has authority to accept service), the
                 document is taken to have been duly served --
                   (a) if sent by prepaid post to the last known address (within
                          or outside Australia) of the person to be served; or
                   (b) if notice of the document is given in accordance with the
20                        court's directions.

     64.         Other enactments not limited
                 This Division does not limit any other enactment that provides
                 for the service of documents.

                                Division 6 -- General
25   65.         Confidentiality
           (1)   A person is subject to a duty of confidentiality under this section
                 if --
                    (a) the person is, or has been, engaged in the administration
                        of this Act; or


     page 44
                                           First Home Owner Grant Bill 2000
                                               Miscellaneous         Part 4
                                                     General    Division 6
                                                                       s. 65



            (b)   the person has obtained access to confidential
                  information, whether directly or indirectly, from a
                  person referred to in paragraph (a).
     (2)   A person who is subject to a duty of confidentiality under this
5          section must not record, disclose or make use of confidential
           information except --
             (a) for a purpose related to the administration or
                   enforcement of --
                      (i) this Act or a corresponding law;
10                   (ii) another Act administered by the Commissioner
                          or under which the Commissioner exercises
                          statutory functions; or
                    (iii) a taxation law;
             (b) with the written consent of the person to whom the
15                 information relates; or
             (c) for the purposes of legal proceedings.
           Penalty: $20 000.
     (3)   This section does not prevent --
            (a) the disclosure of information or material in connection
20                 with the investigation or prosecution of a criminal
                   offence to --
                      (i) the Director of Public Prosecutions for a State or
                          the Commonwealth;
                     (ii) an officer of the police force of a State or the
25                        Commonwealth;
                    (iii) an officer of the Australian Securities and
                          Investments Commission; or
                    (iv) an officer of another law enforcement agency
                          established under a law of a State or the
30                        Commonwealth that is authorised by the
                          regulations to receive confidential information
                          under this paragraph;

                                                                     page 45
     First Home Owner Grant Bill 2000
     Part 4        Miscellaneous
     Division 6    General
     s. 66



                  (b)    the disclosure of statistical or other information that
                         could not reasonably be expected to lead to the
                         identification of any person to whom it relates; or
                   (c)   the disclosure of information or material in other
5                        circumstances in which its disclosure is permitted by the
                         regulations.
           (4)   Information or material that has restrictions on its disclosure
                 imposed under another Act remains subject to those restrictions
                 despite the information or material being obtained by the
10               Commissioner, and such information or material may only be
                 disclosed under subsection (2) to the extent that the disclosure is
                 consistent with those restrictions.
           (5)   If confidential information is lawfully disclosed under this
                 section, this section does not prevent the further disclosure of
15               the confidential information, or the recording or use of it, for the
                 purpose for which the disclosure was made.
           (6)   A court cannot require a person who is subject to a duty of
                 confidentiality under this section to give evidence, or to produce
                 material, contrary to this section, except in proceedings arising
20               from the lawful disclosure of confidential information.
           (7)   In this section --
                 "confidential information" means information or material
                     obtained in the course of the administration of this Act
                     about an applicant for a first home owner grant or about the
25                   applicant's spouse;
                 "State" includes Territory.

     66.         Time for commencing prosecutions
                 A prosecution for an offence against this Act may be
                 commenced at any time within 5 years after the date on which it
30               is alleged the offence was committed.




     page 46
                                                  First Home Owner Grant Bill 2000
                                                      Miscellaneous         Part 4
                                                            General    Division 6
                                                                              s. 67



     67.         Protection from liability for wrongdoing
           (1)   A person is not liable for anything that the person has, in good
                 faith, done in the performance or purported performance of a
                 function under this Act.
5          (2)   The Crown is also relieved of any liability that it might
                 otherwise have had for another person having done anything as
                 described in subsection (1).
           (3)   The protection given by this section applies even though the
                 thing done as described in subsection (1) may have been
10               capable of being done whether or not this Act had been enacted.
           (4)   In this section, a reference to the doing of anything includes a
                 reference to an omission to do anything.

     68.         Appropriation of Consolidated Fund
                 The payment of a first home owner grant under this Act is to be
15               charged to the Consolidated Fund, and this section appropriates
                 that Fund accordingly.

     69.         Regulations
           (1)   The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed, or are
20               necessary or convenient to be prescribed for giving effect to the
                 purposes of this Act.
           (2)   Regulations may create offences and provide, in respect of an
                 offence so created, for the imposition of a penalty not exceeding
                 $5 000.

25   70.         Review of Act
           (1)   The Minister is to carry out a review of the operation and
                 effectiveness of this Act as soon as is practicable after the
                 expiry of 5 years from its commencement.



                                                                             page 47
First Home Owner Grant Bill 2000
Part 4        Miscellaneous
Division 6    General
s. 70



   (2)    The Minister is to prepare a report based on the review and, as
          soon as is practicable after the report is prepared, is to cause it
          to be laid before each House of Parliament.




page 48
                                                            First Home Owner Grant Bill 2000
                                                                Miscellaneous          Part 4
                                                                      General      Division 6
                                                                              Defined Terms



                                     Defined Terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined Term                                                                                    Provision(s)
Australian citizen ........................................................................................ 3(1)
authorised investigator....................................................................... 3(1), 48(3)
building....................................................................................................... 3(1)
commencement date ...................................................................................14(5)
Commissioner ............................................................................................. 3(1)
completed...................................................................................................14(6)
comprehensive home building contract ........................................................ 3(1)
confidential information .............................................................................65(7)
consideration..............................................................................................14(8)
corresponding law ....................................................................................... 3(1)
decision on the application ............................................................................. 26
document ...................................................................................................47(3)
eligibility criteria......................................................................................... 3(1)
eligible transaction .....................................................................................14(1)
first home owner grant................................................................................. 3(1)
first home owner grant scheme .................................................................... 3(1)
guardian ...................................................................................................... 3(1)
home owner ..................................................................................................... 5
home................................................................................................................ 4
identity card ................................................................................................ 3(1)
interested person ........................................................................................16(3)
non-conforming interest............................................................................... 6(3)
objector.......................................................................................................... 26
option to purchase ....................................................................................... 3(1)
outstanding amount ....................................................................................58(1)
owner.......................................................................................................3(1), 5
owner builder .............................................................................................. 3(1)
permanent resident ...................................................................................... 3(1)
premises...................................................................................................... 3(1)
registered ...................................................................................................55(6)
Registrar ..................................................................................................... 3(1)
relevant date...............................................................................................21(3)
relevant interest ................................................................................... 3(1), 6(1)
relevant material.......................................................................................... 3(1)
repayment arrangement ............................................................................... 3(1)
required repayment.....................................................................................52(1)
residence requirement.................................................................................. 3(1)
residential property...................................................................................... 3(1)


                                                                                                         page 49
First Home Owner Grant Bill 2000
Part 4        Miscellaneous
Division 6    General
Defined Terms



     spouse .............................................................................................................. 7
     State...........................................................................................................65(7)
     taxation law................................................................................................. 3(1)




 


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