{"id":"first-home-and-housing-construction-grants-regulations-2015","name":"First Home and Housing Construction Grants Regulations 2015","slug":"first-home-and-housing-construction-grants-regulations-2015","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235520,"registerId":"sa-first-home-and-housing-construction-grants-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"First Home and Housing Construction Grants Regulations 2015","content":"South Australia\nFirst Home and Housing Construction Grants Regulations 2015\nunder the First Home and Housing Construction Grants Act 2000\n\nContents\n1\tShort title\n3\tInterpretation\n4\tRecognition of non-conforming interest as relevant interest (section 5(4) of Act)\n5\tPersons excluded from application of section 15\n6\tInterest rate on repayment of grant by instalments (section 40 of Act)\n7\tDisclosure of confidential information (section 41)\nSchedule 1—Offices and bodies\nLegislative history\n\n1—Short title\nThese regulations may be cited as the First Home and Housing Construction Grants Regulations 2015.\n3—Interpretation\nIn these regulations—\nAct means the First Home and Housing Construction Grants Act 2000;\nAustralia's Foreign Investment Policy means the document issued by the Commonwealth Treasurer known as Australia's Foreign Investment Policy as in force from time to time.\n4—Recognition of non-conforming interest as relevant interest (section 5(4) of Act)\n\t(1)\tA licence or right of occupancy over land given to a person by a relative is to be recognised, for the purposes of section 5(4) of the Act, as a relevant interest if—\n\t(a)\tthe person has—\n\t(i)\tentered into a comprehensive home building contract for the construction of a home on the land; or\n\t(ii)\tcommenced building a home or having a home built on the land without entering into a comprehensive home building contract; and\n\t(b)\tthe person has, in the Commissioner's opinion, reasonable security of tenure.\n\t(2)\tFor the purposes of section 18BB(3)(b)(ii) of the Act, if a licence or right of occupancy over land given to a person by a relative is recognised under subregulation (1) as a relevant interest because the person has commenced building a home or is having a home built on the land without entering into a comprehensive home building contract, the market value of the home will be taken to be the actual costs to build the home as determined by the Commissioner.\n\t(3)\tIn this regulation—\nrelative, in relation to a person, means—\n\t(a)\ta child or remoter lineal descendant of the person or of the spouse or domestic partner of the person;\n\t(b)\ta parent or remoter lineal ancestor of the person or of the spouse or domestic partner of the person;\n\t(c)\ta brother or sister of the person or of the spouse or domestic partner of the person;\n\t(d)\ta child or remoter lineal descendant of the brother or sister of the person or of the spouse or domestic partner of the person;\n\t(e)\tthe spouse or domestic partner of the person or the spouse or domestic partner of any person referred to in paragraph (a), (b) or (c).\n5—Persons excluded from application of section 15\nThe following persons are excluded from the application of section 15 of the Act:\n\t(a)\tthe South Australian Housing Trust;\n\t(b)\tif the holder of an interest referred to in regulation 4 is the applicant for a first home owner grant—a registered proprietor of the land.\n6—Interest rate on repayment of grant by instalments (section 40 of Act)\n\t(1)\tFor the purposes of section 40(5) of the Act, the interest rate applicable to the repayment by instalments of an amount to which section 40 of the Act applies under an arrangement entered into by the Commissioner is the interest rate from time to time applying under subregulation (2).\n\t(2)\tThe interest rate that applies under this subregulation is the sum of—\n\t(a)\tthe market rate; and\n\t(b)\t8% per annum.\n\t(3)\tThe market rate is—\n\t(a)\tunless an order is in force under paragraph (b), in relation to interest accruing at any time during a particular financial year, the average rate of the daily 90‑day Bank Accepted Bill Rate prescribed by the Reserve Bank of Australia for the month of May preceding the financial year (rounding up 0.005 to 2 decimal places); or\n\t(b)\tthe rate specified from time to time by order of the Minister published in the Gazette.\n7—Disclosure of confidential information (section 41)\nFor the purposes of section 41(3)(d) of the Act, protected information may be disclosed—\n\t(a)\tin connection with the administration or enforcement of any of the following:\n\t(i)\tthe Emergency Services Funding Act 1998;\n\t(ii)\tthe First Home Saver Accounts Act 2008 of the Commonwealth;\n\t(iii)\tthe South Australian Housing Trust Act 1995;\n\t(b)\tto the Child Support Registrar under the Child Support (Registration and Collection) Act 1988 of the Commonwealth for the purposes of administering that Act or the Child Support (Assessment) Act 1989 of the Commonwealth; or\n\t(c)\tto the Chief Executive of Centrelink (within the meaning of the Human Services (Centrelink) Act 1997 of the Commonwealth) for the purposes of administering the social security law within the meaning of the Social Security Act 1991 of the Commonwealth; or\n\t(d)\tto the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or in accordance with Australia's Foreign Investment Policy; or\n\t(e)\tto a member of the Foreign Investment Review Board or the Secretary of the Department of the Treasury of the Commonwealth for the purposes of the member or Secretary briefing the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or in accordance with Australia's Foreign Investment Policy; or\n\t(f)\tto the Official Receiver in Bankruptcy for the purposes of the administration and execution of the Bankruptcy Act 1966 of the Commonwealth; or\n\t(g)\tto the Legal Profession Conduct Commissioner or the Law Society within the meaning of the Legal Practitioners Act 1981 for the purposes of carrying out the Commissioner's or Society's functions under that Act; or\n\t(ga)\tto a council (within the meaning of the Local Government Act 1999) for the purposes of assisting the council to determine whether an application for a HomeBuilder grant (within the meaning of section 6A of the Act) has been made in relation to particular development on land within the area of the council; or\n\t(h)\tto the holder of an office or a body set out in Schedule 1 established under a law of this State, or of another State, a Territory, or of the Commonwealth.\nSchedule 1—Offices and bodies\nAttorney‑General\nAuditor‑General\nAustralian Statistician\nChairperson of the Australian Securities and Investments Commission\nChief Executive Officer of the Australian Crime Commission\nChief Executive Officer of the Australian Transaction Reports and Analysis Centre\nChief Executive Officer of the Return to Work Corporation of South Australia\nCommissioner for Consumer Affairs\nCommissioner for Public Employment\nDirector of Public Prosecutions\nIndependent Commissioner Against Corruption\nInspector‑General of the Australian Defence Force\nOffice for Public Integrity\nOffices in the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Work Health and Safety Act 2012\nOffices in the Attorney‑General's Department\nOffices in the Australian Federal Police\nOffices of another State, a Territory, or of the Commonwealth, the holders of which are employed in the administration of laws relating to taxation or customs\nOmbudsman\nPolice officers\nRegistrar‑General\nRegistrar of the Australian Business Register\nRegistrar of Motor Vehicles\nSolicitor‑General\nValuer‑General\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe First Home and Housing Construction Grants Regulations 2015 revoked the following:\nFirst Home Owner Grant Regulations 2000\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2015\n61\nGazette 11.6.2015 p2548\n11.6.2015: r 2\n2017\n82\nGazette 14.6.2017 p2131\n1.7.2017: r 2\n2021\n30\nGazette 11.3.2021 p911\n11.3.2021: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2017\nr 3\n\n\nAustralia's Foreign Investment Policy\ninserted by 82/2017 r 4\n1.7.2017\nr 7\nvaried by 82/2017 r 5\n1.7.2017\n\nvaried by 30/2021 r 4\n11.3.2021\nSch 1\nsubstituted by 82/2017 r 6\n1.7.2017\nHistorical versions\n1.7.2017\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The 2015 Regulations replace the earlier First Home Owner Grant Regulations 2000 (Legislative history) and narrow/clarify operational scope by: recognising certain non-conforming occupancy interests as relevant when building has commenced and tenure is judged secure (reg 4); prescribing a specific interest calculation and alternate Ministerial override (reg 6); excluding specified persons from section 15 (reg 5); and expanding authorised disclosures to a wider set of state, local and Commonwealth bodies including Commonwealth FI decision‑makers and councils (reg 7 and Schedule 1)."},"complexity_factors":["Discretion exercised by the Commissioner (reasonable security of tenure and actual costs valuation) under reg 4(1)(b) and reg 4(2)","Interest rate formula combines a variable market component and a fixed margin (market rate + 8%) with alternate Minister-specified rate, creating indexation and administrative steps (reg 6)","Broad and cross-jurisdictional disclosure permissions that reference multiple Commonwealth Acts, the Commonwealth Treasurer and Foreign Investment Policy, and local councils (reg 7)","Detailed familial definition of \"relative\" that affects eligibility and creates factual inquiries (reg 4(3))","Targeted exclusions and their operation (reg 5) requiring identification of excluded bodies and proprietors","Schedule 1 lists many offices/bodies entitled to information, increasing inter-agency coordination and access control requirements","Interaction with external instruments (Australia’s Foreign Investment Policy and Commonwealth Acts) creating dependency on non-regulatory documents and federal decisions","Legislative history shows this instrument revoked earlier regulations and has been varied, implying potential transitional or interpretive issues"],"plain_english_summary":"These regulations set the rules for South Australia’s First Home and Housing Construction Grants scheme. They recognise certain licences or rights of occupancy from relatives as qualifying interests when a person is building a home and the Commissioner is satisfied tenure is secure, prescribe the interest formula for repaying grants, exclude particular bodies from a specific provision, and expand who may receive protected applicant information.\n\nGrant recipients who must repay pay interest (market rate plus 8%); the Commissioner decides tenure, cost valuation and repayment arrangements; specified state, local and Commonwealth bodies can receive protected information for stated administrative purposes."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from the original legislative intent, as no substantive content of the regulations was returned. The page error prevents any meaningful analysis of amendments or scope drift."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess actual regulatory complexity without access to the text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The regulation governs South Australian first-home and new housing construction grants, setting the eligibility rules, application processes, grant amounts and conditions for receiving government assistance. It affects first-home buyers and people building new homes in SA — important because it determines who can get financial support for buying or constructing their first home."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2015 regulations focused on first home owner grants and housing construction grants. The 2021 amendment (regulation 7(ga)) expanded the information-sharing provisions to include local councils for the purposes of administering the federal HomeBuilder grant scheme—a separate Commonwealth program. This extends the regulations' scope beyond the original state-based first home grant system to facilitate coordination with federal stimulus programs."},"complexity_factors":["Moderate cross-referencing to the parent Act (First Home and Housing Construction Grants Act 2000) with multiple section citations (sections 5, 15, 18BB, 40, 41)","Nested definitions: 'relative' is defined through 5 sub-paragraphs with recursive references to spouses/domestic partners","Conditional logic in regulation 4 requiring multiple cumulative tests (building contract OR commenced building, plus Commissioner's opinion on security of tenure)","Mathematical formula for interest rate calculation involving external financial benchmarks (Reserve Bank 90-day Bank Accepted Bill Rate) plus Ministerial override power","Extensive list of 24 specific offices and bodies in Schedule 1 for information disclosure purposes","Multiple amendments (2017, 2021) adding new disclosure pathways and definitions, indicating evolving scope"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for how South Australia's first home owner grants and housing construction grants work. They fill in the details that the main Act (the First Home and Housing Construction Grants Act 2000) leaves out.\n\n**Key things covered:**\n\n* **Family arrangements** — If a relative lets you live on their land (through a licence or right of occupancy), this can count as owning a \"relevant interest\" for grant purposes, provided you're actually building a house and have reasonable security of tenure (meaning you're not likely to be kicked out). \"Relative\" is defined broadly to include parents, children, siblings, their spouses/domestic partners, and more distant lineal relatives.\n\n* **Who can't get grants** — The South Australian Housing Trust and registered proprietors (official land owners) of land where someone else holds a family-arrangement interest are excluded from certain grant provisions.\n\n* **Interest on repayments** — If you have to pay back a grant in instalments, the interest rate is set at the market rate (based on the 90-day Bank Accepted Bill Rate) plus 8% per year. The Minister can override this with a Gazette order.\n\n* **Who can see your information** — The regulations specify which government bodies and officials can access confidential grant information, including Centrelink, the Child Support Registrar, bankruptcy officials, foreign investment regulators, local councils (for HomeBuilder grants), and various law enforcement and integrity bodies listed in Schedule 1.\n\n**Who it affects:**\n\n* First home buyers in South Australia, especially those using family land arrangements\n* Government agencies administering grants, tax, social security, and foreign investment\n* Local councils processing HomeBuilder applications\n\n**Why it matters:**\n\nThese rules determine whether you qualify for a grant when building on family land, how much interest you'll pay if you need to repay a grant, and which government agencies can share your personal financial information. The 2021 update added local councils to the information-sharing list to help administer the federal HomeBuilder scheme."}},"importantCases":[],"_links":{"self":"/api/acts/first-home-and-housing-construction-grants-regulations-2015","history":"/api/acts/first-home-and-housing-construction-grants-regulations-2015/history","analysis":"/api/acts/first-home-and-housing-construction-grants-regulations-2015/analysis","conflicts":"/api/acts/first-home-and-housing-construction-grants-regulations-2015/conflicts","importantCases":"/api/acts/first-home-and-housing-construction-grants-regulations-2015/important-cases","documents":"/api/acts/first-home-and-housing-construction-grants-regulations-2015/documents"}}