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This is a Bill, not an Act. For current law, see the Acts databases.
State Revenue Legislation Amendment
(Defence Force Concessions) Bill 2009
No , 2009
A Bill for
An Act to amend the First Home Owner Grant Act 2000 and the Duties Act 1997 to
make provision for grants and duty concessions in respect of Defence Force
personnel.
State Revenue Legislation Amendment (Defence Force Concessions)
Clause 1 Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the State Revenue Legislation Amendment (Defence Force 3
Concessions) Act 2009. 4
2 Commencement 5
This Act is taken to have commenced on the day the Bill for this Act was 6
introduced into the Legislative Assembly. 7
Page 2
State Revenue Legislation Amendment (Defence Force Concessions)
Bill 2009
Amendment of First Home Owner Grant Act 2000 No 21 Schedule 1
Schedule 1 Amendment of First Home Owner Grant 1
Act 2000 No 21 2
[1] Section 3 Definitions 3
Omit "a grant" from the definition of first home owner grant. 4
Insert instead "a first home owner grant". 5
[2] Section 7 Entitlement to grant 6
Omit section 7 (2) and (3). Insert instead: 7
(2) An applicant need not comply with the eligibility criteria to the 8
extent the applicant is exempted from compliance with the 9
eligibility criteria by this Act. 10
(3) A first home owner grant is payable before completion of the 11
relevant eligible transaction if payment is authorised under 12
section 20. 13
[3] Section 43A 14
Insert before section 44: 15
43A Special grant for ADF personnel 16
(1) A grant (an ADF home buyer's grant) is payable on an 17
application under this Act if: 18
(a) the applicant or, if there are 2 or more of them, at least one 19
of the applicants is a member of the Defence Force on the 20
commencement date of the eligible transaction, and 21
(b) the applicant or, if there are 2 or more of them, each of the 22
applicants: 23
(i) complies with the eligibility criteria for a first home 24
owner grant (except for the residence requirement), 25
and 26
(ii) is enrolled to vote in State elections (under the 27
Parliamentary Electorates and Elections Act 1912) 28
on the commencement date of the eligible 29
transaction, and 30
(c) the transaction for which the grant is sought: 31
(i) is an eligible transaction, and 32
(ii) has been completed. 33
(2) Subject to this section, this Act applies in relation to an ADF 34
home buyer's grant in the same way as it applies to a first home 35
owner grant, with any necessary modifications, as if a reference 36
Page 3
State Revenue Legislation Amendment (Defence Force Concessions)
Bill 2009
Schedule 1 Amendment of First Home Owner Grant Act 2000 No 21
in this Act to a first home owner grant included a reference to an 1
ADF home buyer's grant. 2
(3) The residence requirement does not apply to an ADF home 3
buyer's grant. 4
(4) An ADF home buyer's grant is payable in respect of an eligible 5
transaction only if a first home owner grant is not payable in 6
respect of the same eligible transaction. 7
(5) In this section, a member of the Defence Force means a member 8
of the Permanent Forces of the Australian Defence Force (within 9
the meaning of the Defence Act 1903 of the Commonwealth). 10
[4] Schedule 1 Savings, transitional and other provisions 11
Insert at the end of clause 1 (1): 12
State Revenue Legislation Amendment (Defence Force 13
Concessions) Act 2009 14
Page 4
State Revenue Legislation Amendment (Defence Force Concessions)
Bill 2009
Amendment of Duties Act 1997 No 123 Schedule 2
Schedule 2 Amendment of Duties Act 1997 No 123 1
[1] Section 76 Residence requirement 2
Insert after section 76 (5): 3
(6) The residence requirement does not apply to an application under 4
the scheme if, on the date of the agreement or transfer: 5
(a) the applicant or, if there are 2 or more of them, at least one 6
of the applicants is a member of the Permanent Forces of 7
the Australian Defence Force (within the meaning of the 8
Defence Act 1903 of the Commonwealth), and 9
(b) the applicant or, if there are 2 or more of them, each of the 10
applicants is enrolled to vote in State elections (under the 11
Parliamentary Electorates and Elections Act 1912). 12
[2] Schedule 1 Savings, transitional and other provisions 13
Insert at the end of clause 1 (1): 14
State Revenue Legislation Amendment (Defence Force 15
Concessions) Act 2009 16
Page 5
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