{"id":"a-2000-23","name":"First Home Owner Grant Act 2000","slug":"first-home-owner-grant-act-2000","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"23 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23572,"registerId":"act-a-2000-23-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against\nthis Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n4 Homes\nA home is a building (affixed to land) that—\n(a) may lawfully be used as a place of residence; and\n(b) is, in the commissioner’s opinion, a suitable building for use as\na place of residence.\n5 Ownership of land and homes\n(1) A person is an owner of a home or a home owner if the person has a\nrelevant interest in land on which a home is built.\n(2) Each of the following is a relevant interest in land:\n(a) a leasehold interest in the land granted by the Commonwealth;\n(b) a leasehold interest under a land sublease;\n(c) a life estate in the land approved by the commissioner;\n(d) a licence or right of occupancy granted by the Commonwealth\nthat gives, in the commissioner’s opinion, the licensee or the\nholder of the right reasonable security of tenure;\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1 Preliminary\nSection 5\npage 4 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) an interest in a company’s shares if the commissioner is satisfied\nthat—\n(i) the interest entitles the holder of the interest to exclusive\noccupation of a particular home owned by the company;\nand\n(ii) the value of the shares is not less than the value of the\ncompany’s interest in the home.\n(3) However—\n(a) an interest is not a relevant interest in land at a particular time\nunless the holder of the interest has, or will have within\n12 months after that time (or a longer time allowed by the\ncommissioner), a right to immediate occupation of the land; and\n(b) an interest is not a relevant interest in land in the hands of a\nperson who holds it subject to a trust; and\n(c) an equitable interest is not a relevant interest in land unless it is\nthe interest of a person under a legal disability for whom a\nguardian holds the interest on trust.\n(4) Despite subsections (2) and (3), the regulations may provide for\nrecognition of an interest (a noncomplying interest) as a relevant\ninterest in land—\n(a) even though the interest may not comply with the subsections;\nand\n(b) even though the interest may not be recognised at law or in\nequity as an interest in land.\n(5) If a first home owner grant is to be paid because of the recognition of\na noncomplying interest as a relevant interest in land, the\ncommissioner may impose appropriate conditions on the payment of\nthe grant to ensure its recovery if criteria prescribed under the\nregulations about future conduct or events are not satisfied.\n\nPreliminary Part 1\nSection 6\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) In this section:\nland sublease—see the Planning Act 2023, dictionary.\n6 Partner of applicant\n(1) A person is the partner of the applicant if the person is the applicant’s\ndomestic partner.\nNote For the meaning of domestic partner, see Legislation Act, s 169.\n(2) However, if the applicant is married, in a civil union or civil\npartnership, the applicant’s spouse, civil union partner or civil partner\nis not to be regarded as the applicant’s partner if the commissioner is\nsatisfied that, at the time of deciding the application for a first home\nowner grant, the applicant—\n(a) is not living with the person; and\n(b) has no intention of resuming living with the person.\n\nPart 2 First home owner grant\nDivision 2.1 Entitlement to grant\nSection 7\npage 6 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 First home owner grant\nDivision 2.1 Entitlement to grant\n","sortOrder":1},{"sectionNumber":"7","sectionType":"section","heading":"Entitlement to grant","content":"7 Entitlement to grant\n(1) A first home owner grant is payable on an application under this Act\nif—\n(a) the applicant or, if there are 2 or more of them, each of the\napplicants complies with the eligibility criteria; and\n(b) the transaction for which the grant is sought—\n(i) is an eligible transaction; and\n(ii) has been completed; and\n(c) if the first home owner grant cap applies to the eligible\ntransaction for which the grant is sought—the total value of the\ntransaction is not more than the amount of the first home owner\ngrant cap.\nNote 1 The first home owner grant cap applies to an eligible transaction\nwith a commencement date on or after 1 January 2011 (see s 13A).\nNote 2 See s 13B for how to work out the total value of an eligible\ntransaction.\n(2) Despite subsection (1) (a), an applicant need not comply with the\neligibility criteria to the extent the applicant is exempted from\ncompliance under this Act.\n(3) Only 1 first home owner grant is payable for the same eligible\ntransaction.\nDivision 2.2 Eligibility criteria for applicants\n8 Criterion 1—Applicant to be an individual\nAn applicant for a first home owner grant must be an individual.\n\nFirst home owner grant Part 2\nEligibility criteria for applicants Division 2.2\nSection 8A\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":2},{"sectionNumber":"8A","sectionType":"section","heading":"Criterion 1A—Applicant to be at least 18 years old","content":"8A Criterion 1A—Applicant to be at least 18 years old\n(1) An applicant for a first home owner grant must be at least 18 years\nold.\n(2) However, if the commissioner is satisfied there are good reasons to\ndo so, the commissioner may exempt the applicant from the\nrequirement to be at least 18 years old.\n9 Criterion 2—Applicant to be Australian citizen or\npermanent resident\n(1) An applicant for a first home owner grant must be an Australian\ncitizen or permanent resident.\n(2) However, if an application is made by joint applicants and 1 of the\napplicants is an Australian citizen or permanent resident, it is not\nnecessary for the other or others to be Australian citizens or\npermanent residents.\n","sortOrder":3},{"sectionNumber":"10","sectionType":"section","heading":"Criterion 3—Applicant (or applicant’s partner) must not","content":"10 Criterion 3—Applicant (or applicant’s partner) must not\nhave received an earlier grant\n(1) An applicant is ineligible if—\n(a) the applicant or the applicant’s partner has been a party to an\nearlier application under this Act or a corresponding law; and\n(b) a grant was paid on the application.\n(2) However, the applicant is not ineligible if—\n(a) for an application that relates to an eligible transaction with a\ncommencement date before 1 January 2011—the grant was later\npaid back under the conditions on which the grant was made; or\n(b) for an application that relates to an eligible transaction with a\ncommencement date on or after 1 January 2011—\n(i) the grant was later paid back; and\n\nPart 2 First home owner grant\nDivision 2.2 Eligibility criteria for applicants\nSection 11\npage 8 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) any amount payable as a penalty or as interest was also paid\nin relation to the earlier application.\n(3) An applicant is also ineligible if the applicant or the applicant’s\npartner—\n(a) could have successfully applied for a first home owner grant\nunder this Act or a corresponding law in relation to an earlier\ntransaction to which he or she was a party but did not do so; or\n(b) could, assuming that he or she had then been an Australian\ncitizen or permanent resident, have successfully applied for a\nfirst home owner grant under this Act or a corresponding law in\nrelation to an earlier transaction to which he or she was a party.\n11 Criterion 4—Applicant (or applicant’s partner) must not\nhave had relevant interest in residential property\n(1) An applicant is ineligible if the applicant or the applicant’s partner\nhas, before 1 July 2000, held—\n(a) a relevant interest in residential property in the ACT; or\n(b) an interest in residential property in a State that is a relevant\ninterest under the corresponding law of the State.\n(2) In working out for section (1) whether an applicant held a relevant\ninterest (within the meaning of this Act or a corresponding law) in\nresidential property at a particular time, any deferment of the\napplicant’s right of occupation (because the property was subject to a\nlease) is to be disregarded.\n(3) An applicant is also ineligible if, before the commencement date of\nthe eligible transaction to which the application relates, the applicant\nor the applicant’s partner—\n(a) held a relevant interest in residential property in the ACT or an\ninterest in residential property in a State that is a relevant interest\nunder the corresponding law of the State; and\n\nFirst home owner grant Part 2\nEligibility criteria for applicants Division 2.2\nSection 12\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) occupied the property as a place of residence.\n(4) However, for subsection (3), the applicant or the applicant’s partner\nis taken not to have used the property as the residence of the applicant\nor the applicant’s partner if—\n(a) the property was the subject of an earlier application under this\nAct by the applicant; and\n(b) a first home owner grant was paid under the earlier application;\nand\n(c) the applicant repaid the grant because of a failure to comply with\nsection 12 in relation to the earlier application.\n(5) In this section:\nresidential property—land in Australia is residential property at a\nparticular time if there is, at that time, a building on the land lawfully\noccupied as a place of residence or suitable for occupation as a place\nof residence.\n12 Criterion 5—Residence requirements\n(1) An applicant for a first home owner grant must occupy the home to\nwhich the application relates as the applicant’s principal place of\nresidence for a continuous period of at least 1 year.\n(2) However, if the commissioner is satisfied there are good reasons to\ndo so, the commissioner may—\n(a) approve a shorter period; or\n(b) exempt the applicant from the requirement to comply with\nsubsection (1).\n(3) The period of occupation required under subsection (1), or the shorter\nperiod approved under subsection (2) (a), must start within 1 year\nafter completion of the eligible transaction to which the application\nrelates or a longer period approved by the commissioner.\n\nPart 2 First home owner grant\nDivision 2.3 Eligible transactions\nSection 12A\npage 10 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The commissioner may give an approval or exemption under this\nsection within 18 months after completion of the eligible transaction\nto which the application relates.\n(5) If an application is made by joint applicants and at least 1 (but not all)\nof the applicants complies with the residence requirements, the non-\ncomplying applicant or applicants are exempted from compliance\nwith the residence requirements.\n","sortOrder":4},{"sectionNumber":"12A","sectionType":"section","heading":"Criterion 6—Applicant must not have been convicted of","content":"12A Criterion 6—Applicant must not have been convicted of\noffence against Act\nAn applicant is ineligible if the applicant has been convicted of an\noffence against this Act or a corresponding law.\nDivision 2.3 Eligible transactions\n12B Meaning of new home—div 2.3\n(1) For this division, a new home is a home that has not been previously\noccupied or sold as a place of residence, and includes a substantially\nrenovated home.\n(2) For this section:\noccupied, in relation to a home, includes occupation of the home on\na short-term basis, regardless of the length of occupation or the\nintended length of occupation.\nsubstantially renovated home means a home that—\n(a) has substantial renovations; and\n(b) as renovated, has not previously been occupied or sold as a place\nof residence.\n\nFirst home owner grant Part 2\nEligible transactions Division 2.3\nSection 13\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nsubstantial renovations, of a home, means renovations in which all,\nor a substantial part, of the home is removed or replaced.\nExamples—substantial renovations\nremoval or replacement of foundations, external walls, interior supporting walls,\nfloors, roof or staircases\n","sortOrder":5},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of eligible transaction etc","content":"13 Meaning of eligible transaction etc\n(1) An eligible transaction is—\n(a) a contract for the purchase of a new home in the ACT made on\nor after 1 September 2013; or\n(b) a comprehensive home building contract made on or after\n1 September 2013 by the owner of land in the ACT, or a person\nwho will on completion of the contract be the owner of land in\nthe ACT, to have a new home built on the land; or\n(c) the building of a new home in the ACT by an owner-builder if\nthe building work begins on or after 1 September 2013.\n(2) However, a contract is not an eligible transaction if the commissioner\nis of the opinion that it forms part of a scheme to circumvent\nlimitations on, or requirements affecting, eligibility or entitlement to\na first home owner grant and the commissioner will, unless satisfied\nto the contrary, presume the existence of such a scheme, if—\n(a) for a contract to purchase a home—the purchaser had an option\nto purchase the home granted before 1 July 2000 or the vendor\nhad an option to require the purchaser to purchase the home\ngranted before that date; or\n(b) for a comprehensive building contract—either party had a right\nor option granted before 1 July 2000 to require the other to enter\ninto the contract; or\n(c) for a contract made on or after 1 September 2013 that—\n(i) the contract replaces a contract made before\n1 September 2013; and\n\nPart 2 First home owner grant\nDivision 2.3 Eligible transactions\nSection 13\npage 12 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the replaced contract was—\n(A) a contract for the purchase of the same home; or\n(B) a comprehensive home building contract to build the\nsame or a substantially similar home.\n(3) The commencement date of an eligible transaction is—\n(a) for a contract—the date when the contract is made; or\n(b) for the building of a home by an owner-builder—\n(i) the date when laying the foundations for the home begins;\nor\n(ii) another date the commissioner considers appropriate in the\ncircumstances of the case.\n(4) Subject to any qualifications prescribed under the regulations, an\neligible transaction is completed when—\n(a) for a contract for the purchase of a new home—\n(i) the purchaser becomes entitled to possession of the home\nunder the contract; and\n(ii) if the purchaser is to obtain a registered title to the land on\nwhich the home is situated—the necessary steps to obtain\nregistration of the purchaser’s title have been taken; or\n(b) for a contract to have a home built—the building is ready for\noccupation as a place of residence; or\n(c) for the building of a home by an owner-builder—the building is\nready for occupation as a place of residence.\nNote For when certain transactions related to moveable buildings are\ncompleted, see s (5).\n\nFirst home owner grant Part 2\nEligible transactions Division 2.3\nSection 13\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If a person purchases a moveable building and intends to use it as a\nplace of residence on land in which the person has a relevant interest\nbut on which it is not situated at the time of purchase—\n(a) this Act applies as if the person were an owner-builder building\na home on the land; and\n(b) the commencement date of the transaction is taken to be the date\nof the contract to purchase the moveable building; and\n(c) the transaction is taken to be completed when the moveable\nbuilding is ready for occupation as a place of residence on land\nin which the purchaser has a relevant interest.\n(6) The consideration for an eligible transaction is—\n(a) for a contract for the purchase of a new home—the consideration\nfor the purchase; or\n(b) for a comprehensive home building contract—the total\nconsideration payable for the building work; or\n(c) for the building of a home by an owner-builder—the actual costs\nto the owner of carrying out the work (excluding any allowance\nfor the owner-builder’s own labour).\n(7) In this section:\ncomprehensive home building contract means a contract under\nwhich a builder undertakes to build a home on land from the inception\nof the building work to the point where the home is ready for\noccupation and if, for any reason, the work to be carried out under\nsuch a contract is not completed, includes any further contract under\nwhich the work is to be completed.\ncontract for the purchase of a new home means a contract for the\nacquisition of a relevant interest in land on which a home is built.\noption to purchase includes a right of pre-emption or a right of first\nrefusal.\n\nPart 2 First home owner grant\nDivision 2.3 Eligible transactions\nSection 13A\npage 14 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nowner-builder means an owner of land who builds a home, or has a\nhome built, on the land without entering into a comprehensive home\nbuilding contract.\nNote For when a person is taken to be an owner-builder in relation to a\nmoveable building, see s (5).\n","sortOrder":6},{"sectionNumber":"13A","sectionType":"section","heading":"First home owner grant cap","content":"13A First home owner grant cap\n(1) The first home owner grant cap applies to an eligible transaction with\na commencement date on or after 1 January 2011.\n(2) The amount of the first home owner grant cap is—\n(a) $750 000; or\n(b) if another amount is prescribed by regulation—the prescribed\namount.\n","sortOrder":7},{"sectionNumber":"13B","sectionType":"section","heading":"Meaning of total value of eligible transaction etc","content":"13B Meaning of total value of eligible transaction etc\n(1) The total value of an eligible transaction is as follows:\n(a) for a contract for the purchase of a home, the greater of the\nfollowing:\n(i) the consideration for the contract;\n(ii) the unencumbered value, at the commencement date, of the\nhome;\n(b) for a comprehensive home building contract, the amount worked\nout by adding together—\n(i) the consideration for the contract; and\n(ii) the value, at the commencement date, of the relevant\ninterest in the land on which the home is to be built;\n\nFirst home owner grant Part 2\nEligible transactions Division 2.3\nSection 13B\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) for the building of a home by an owner builder, the amount\nworked out by adding together—\n(i) the unencumbered value, at the date the transaction is\ncompleted, of the home; and\n(ii) the value, at the date the transaction is completed, of the\nrelevant interest in the land on which the home is built.\n(2) The value of the relevant interest in the land on which a home is, or\nis to be, built is the greater of the following:\n(a) the consideration paid or payable for the interest;\n(b) the unencumbered value of the interest.\n(3) The unencumbered value of a home or relevant interest in land is the\nvalue of the home or interest worked out without regard to—\n(a) any encumbrance to which the home or interest is subject,\nwhether contingently or otherwise; or\n(b) any arrangement that results in the reduction of the value of the\nhome or interest, if the parties to the arrangement are not dealing\nwith each other at arm’s length; or\n(c) any scheme or arrangement that, in the commissioner’s opinion,\nwas entered into, made or carried out by a party to the scheme\nor arrangement for the main purpose of reducing the value of the\nhome or interest; or\n(d) if the home or interest is held by a person on trust as guardian\nfor another person who is under a legal disability—any\nliabilities of the trust, including the liability to indemnify the\ntrustee.\n\nPart 2 First home owner grant\nDivision 2.4 Application for grant\nSection 14\npage 16 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) For the purposes of subsection (3) (c), the commissioner may\nconsider—\n(a) the duration of the scheme or arrangement before the\ncommencement date of the transaction to which the home or\ninterest relates; and\n(b) whether there is any commercial efficacy to the making of the\nscheme or arrangement other than to reduce the value of the\nhome or interest; and\n(c) anything else the commissioner considers relevant.\nDivision 2.4 Application for grant\n","sortOrder":8},{"sectionNumber":"14","sectionType":"section","heading":"Application for grant","content":"14 Application for grant\n(1) An application for a first home owner grant is to be made to the\ncommissioner.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n(2) An applicant must provide the commissioner with any information\nthe commissioner requires to decide the application.\n(3) Information provided by an applicant in or in relation to an\napplication must, if the commissioner so requires, be verified by\nstatutory declaration or supported by other evidence required by the\ncommissioner.\nNote 1 The Statutory Declarations Act 1959 (Cwlth) applies to the making of\nstatutory declarations under ACT laws.\nNote 2 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(4) An application may only be made within a period (the application\nperiod)—\n(a) beginning on the commencement date of the eligible transaction\nto which the application relates; and\n\nFirst home owner grant Part 2\nDecision on application Division 2.5\nSection 15\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) ending 1 year after the completion of the eligible transaction to\nwhich the application relates.\n(5) However, the commissioner has a discretion to allow an application\nbefore or after the application period.\n(6) An applicant may, with the commissioner’s consent, amend an\napplication.\n","sortOrder":9},{"sectionNumber":"15","sectionType":"section","heading":"All interested persons to join in application","content":"15 All interested persons to join in application\n(1) All interested persons must be applicants.\n(2) An interested person is a person who is, or will be on completion of\nthe eligible transaction to which the application relates, an owner of\nthe relevant home except such a person who is excluded from the\napplication of this section under the regulations.\n","sortOrder":10},{"sectionNumber":"16","sectionType":"section","heading":"Application on behalf of person under legal disability","content":"16 Application on behalf of person under legal disability\n(1) An application may be made on behalf of a person under a legal\ndisability by a guardian.\n(2) For the purpose of deciding eligibility, the person under the legal\ndisability is to be regarded as the applicant.\nDivision 2.5 Decision on application\n17 Commissioner to decide applications\n(1) If the commissioner is satisfied that a first home owner grant is\npayable on an application, the commissioner must authorise the\npayment of the grant.\n(2) The commissioner may authorise the payment of a first home owner\ngrant before completion of the eligible transaction if satisfied that—\n(a) there are good reasons for doing so; and\n\nPart 2 First home owner grant\nDivision 2.5 Decision on application\nSection 18\npage 18 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the interests of the Territory can be adequately protected by\nconditions requiring repayment of the grant if the transaction is\nnot completed within a reasonable time.\n","sortOrder":11},{"sectionNumber":"18","sectionType":"section","heading":"Amount of grant","content":"18 Amount of grant\n(1) The amount of a first home owner grant is the lesser of the following:\n(a) the consideration for the eligible transaction;\n(b) an amount determined by the Minister.\n(2) A determination is a disallowable instrument.\n19 Payment of grant\n(1) A first home owner grant is to be paid by electronic funds transfer, by\ncheque or in any other way the commissioner considers appropriate.\n(2) A first home owner grant is to be paid—\n(a) to the applicant; or\n(b) to someone else to whom the applicant directs in writing that the\ngrant be paid.\n20 Payment in anticipation of compliance with residence\nrequirements or first home owner grant cap\n(1) The commissioner may authorise payment of a first home owner\ngrant in anticipation of compliance with the residence requirements\nif the commissioner is satisfied that each applicant intends to comply\nwith the residence requirements.\n(2) If a first home owner grant is paid in anticipation of compliance with\nthe residence requirements, the payment is made on condition that, if\nthe residence requirements are not complied with, the applicant must\nwithin 14 days after the relevant date—\n(a) give written notice of that fact to the commissioner; and\n(b) repay the amount of the grant.\n\nFirst home owner grant Part 2\nDecision on application Division 2.5\nSection 20\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The relevant date is the earlier of the following:\n(a) the end of the period allowed for compliance with the residence\nrequirements;\n(b) the date it first becomes apparent that the residence requirements\nwill not be complied with during the period allowed for\ncompliance.\n(4) The commissioner may authorise payment of a first home owner\ngrant in anticipation of compliance with the first home owner grant\ncap if—\n(a) the grant is to be paid in relation to an eligible transaction that\ninvolves the building of a home by an owner builder before the\ncompletion of the eligible transaction; and\n(b) the first home owner grant cap applies to the eligible transaction.\n(5) If a first home owner grant is paid in anticipation of compliance with\nthe first home owner grant cap, the payment is made on condition\nthat, if the applicant becomes aware that the total value of the eligible\ntransaction is, or will be, more than the first home owner grant cap,\nthe applicant must, within 14 days after the day the applicant becomes\naware of that fact—\n(a) give written notice of that fact to the commissioner; and\n(b) repay the amount of the grant.\n(6) If a first home owner grant is paid to a person on the condition\nmentioned in subsection (2) or (5), the person must comply with the\ncondition.\nMaximum penalty: 50 penalty units.\n(7) An offence against this section is a strict liability offence.\n\nPart 2 First home owner grant\nDivision 2.5 Decision on application\nSection 21\npage 20 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Conditions generally\n(1) The commissioner may authorise the payment of a first home owner\ngrant on conditions the commissioner considers appropriate.\n(2) A condition imposed by the commissioner (under this section or any\nother provision of this Act) may require a person on whose\napplication the first home owner grant is paid—\n(a) to give notice of noncompliance with the condition within a\nperiod stated in the condition; and\n(b) to repay the grant or part of the grant within a period stated in\nthe condition.\n(3) For a joint application, each applicant is individually liable to comply\nwith a requirement under subsection (2) but compliance by any of\nthem is to be regarded as compliance by all.\n(4) If a first home owner grant is paid to a person on a condition imposed\nby the commissioner under this section or another provision of this\nAct, the person must comply with the condition.\nMaximum penalty: 50 penalty units.\n(5) An offence against this section is a strict liability offence.\n22 Death of applicant\n(1) An application for a first home owner grant does not lapse because an\napplicant dies before the application is decided.\n(2) If an applicant dies before the application is decided, the following\nprovisions apply:\n(a) if the deceased applicant was one of 2 or more applicants and\n1 or more applicants survive—the application is to be dealt with\nas if the surviving applicants were the sole applicants;\n(b) in any other case—a first home owner grant, if payable on the\napplication, is to be paid to the estate of the deceased applicant.\n\nFirst home owner grant Part 2\nObjections and appeals Division 2.6\nSection 23\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A deceased applicant for a first home owner grant is taken to have\ncomplied with section 12 (Criterion 5—Residence requirements) if—\n(a) the applicant had not, when the applicant died, complied with\nthat section; and\n(b) the commissioner is satisfied the applicant intended to comply\nwith that section.\n23 Power to correct decision\n(1) If the commissioner decides an application, and is later satisfied\n(independently of an objection under this Act) that the decision is\nincorrect, the commissioner may vary or reverse the decision.\n(2) A decision cannot be varied or reversed under this section more than\n5 years after it was made.\n24 Notification of decision\n(1) If the commissioner decides an application (or decides to vary or\nreverse an earlier decision on an application), the commissioner must\ngive the applicant notice of the decision.\n(2) If the decision is to authorise the payment of a first home owner grant,\nthe payment of the grant is sufficient notice of the decision.\n(3) If the decision is to refuse an application, or to vary or reverse an\nearlier decision on an application, the commissioner must state in the\nnotice the reasons for the decision.\nDivision 2.6 Objections and appeals\n24I Meaning of objector—div 2.6\nIn this division:\nobjector means a person who gives a written objection to the\ncommissioner under section 25.\n\nPart 2 First home owner grant\nDivision 2.6 Objections and appeals\nSection 25\npage 22 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n25 Objections\n(1) An applicant may give a written objection to the commissioner if the\napplicant is dissatisfied with the commissioner’s decision in any way.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n(2) A third-party debtor for a grant recipient may give a written objection\nto the commissioner if the debtor is dissatisfied with a decision of the\ncommissioner to require the debtor to pay a recoverable amount\ninstead of the grant recipient.\n(3) The commissioner must refund any fee paid in relation to the\nobjection if—\n(a) the commissioner allows the objection in whole or in part; or\n(b) the objector applies to the ACAT for review of the\ncommissioner’s decision on the objection and—\n(i) the ACAT or a court hearing the review or appeal on the\nmatter upholds the objection in whole or in part; and\n(ii) the period when any further appeal can be made has ended;\nand\n(iii) neither the objector nor the commissioner has appealed\nagainst the decision in relation to a part of the objection\nthat was upheld.\n(4) In this section:\nrecoverable amount—see section 49 (1).\n","sortOrder":12},{"sectionNumber":"26","sectionType":"section","heading":"Grounds for objection","content":"26 Grounds for objection\n(1) The grounds for the objection must be stated fully and in detail and\nmust be in writing.\n(2) The burden of showing that the objection should be upheld lies with\nthe objector.\n\nFirst home owner grant Part 2\nObjections and appeals Division 2.6\nSection 27\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27 Time for making objection\nThe objection must be given to the commissioner not later than\n60 days after notice of the decision objected to is given to the\nobjector.\n28 Objections made out of time\n(1) The commissioner may permit the objector to make an objection after\nthe 60-day period.\n(2) If the objector wishes to make the objection after the 60-day period,\nthe objector must state fully and in detail, in writing, the\ncircumstances concerning and the reasons for the failure to make the\nobjection within the period.\n(3) The commissioner may give permission unconditionally or subject to\nconditions or may refuse permission.\n(4) The commissioner must give notice to the objector of the\ncommissioner’s decision.\n(5) If the commissioner does not give permission unconditionally, the\ncommissioner must include in the notice an explanation for refusing\nto give permission or for imposing conditions on the permission.\n","sortOrder":13},{"sectionNumber":"29","sectionType":"section","heading":"Decision on objection","content":"29 Decision on objection\nThe commissioner must consider the objection and either allow the\nobjection in whole or in part or disallow the objection.\n","sortOrder":14},{"sectionNumber":"30","sectionType":"section","heading":"Reviewable decision notices","content":"30 Reviewable decision notices\nThe commissioner must give a reviewable decision notice to the\nobjector of the commissioner’s decision on an objection.\nNote The commissioner must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n\n","sortOrder":15},{"sectionNumber":"Part 2","sectionType":"part","heading":"First home owner grant","content":"Part 2 First home owner grant\n","sortOrder":16},{"sectionNumber":"Div 2","sectionType":"division","heading":"6 Objections and appeals","content":"Division 2.6 Objections and appeals\nSection 31\npage 24 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":17},{"sectionNumber":"31","sectionType":"section","heading":"Applications for review","content":"31 Applications for review\nThe following may apply to the ACAT for review of a decision of the\ncommissioner under section 29:\n(a) the objector in relation to the decision;\n(b) any other person whose interests are affected by the decision.\n","sortOrder":18},{"sectionNumber":"32","sectionType":"section","heading":"Giving effect to decision on review","content":"32 Giving effect to decision on review\n(1) Within 60 days after a decision of the ACAT becomes final, the\ncommissioner must take any action that is necessary to give effect to\nthe decision.\n(2) For this section, a decision of the ACAT becomes final when a period\nof 30 days has passed after 1 of the following decisions and no appeal\nagainst the decision is made within the 30-day period:\n(a) a decision of the ACAT on application for review;\n(b) a decision by a court hearing an appeal from—\n(i) the decision of the ACAT; or\n(ii) a decision of a lower court in relation to the decision of the\nACAT.\n\nAdministration Part 3\nAdministration generally Division 3.1\nSection 33\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Administration\nDivision 3.1 Administration generally\n","sortOrder":19},{"sectionNumber":"33","sectionType":"section","heading":"Administration","content":"33 Administration\nThe commissioner is responsible to the Minister for the\nadministration of the first home owner grant scheme.\n","sortOrder":20},{"sectionNumber":"34","sectionType":"section","heading":"Authorised officers","content":"34 Authorised officers\n(1) A person is an authorised officer for this Act if the person is an\nauthorised officer under the Taxation Administration Act 1999,\nsection 79.\n(2) For this Act, a notice may be issued by the commissioner under the\nTaxation Administration Act 1999, section 79 (3) to a person who is\nengaged in the administration of a corresponding law.\n(3) A person to whom the commissioner delegates functions under\ndivision 3.2 is an authorised officer for this Act and the Taxation\nAdministration Act 1999.\nNote The commissioner’s power of delegation is in the Taxation\nAdministration Act 1999, s 78.\n","sortOrder":21},{"sectionNumber":"35","sectionType":"section","heading":"Identity cards","content":"35 Identity cards\n(1) An identity card issued to a person under the Taxation Administration\nAct 1999, section 80 (1) may state that the person is an authorised\nofficer for the purposes of this Act.\nNote Section 80 (1) requires an identity card to be issued to each authorised\nperson.\n(2) This section is additional to, and does not limit, the Taxation\nAdministration Act 1999, section 80.\n\nPart 3 Administration\nDivision 3.2 Investigations\nSection 36\npage 26 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":22},{"sectionNumber":"36","sectionType":"section","heading":"Administration agreements","content":"36 Administration agreements\n(1) Without limiting the Taxation Administration Act 1999, section 78,\nthe commissioner may enter into an agreement (an administration\nagreement) with a financial institution or anyone else under which—\n(a) the commissioner delegates under that section functions related\nto the administration of the first home owner grant scheme; and\n(b) the financial institution or other person is required to carry out\nthe delegated functions in accordance with stated conditions.\nNote Under the Taxation Administration Act 1999, s 78 the commissioner may\ndelegate to any person any function of the commissioner under that or\nany other Act.\n(2) The conditions of an administration agreement may include\nconditions prescribed under the regulations.\n(3) If an administration agreement with a financial institution or anyone\nelse includes a condition prescribed by regulation, the financial\ninstitution or other person must comply with the condition.\nMaximum penalty: 50 penalty units.\n(4) An offence against this section is a strict liability offence.\n(5) The commissioner may, at any time, revoke an administration\nagreement, including any delegation included in the agreement.\nDivision 3.2 Investigations\n","sortOrder":23},{"sectionNumber":"37","sectionType":"section","heading":"Authorised investigations","content":"37 Authorised investigations\nAn authorised investigation is an investigation to decide—\n(a) whether an application under this Act or a corresponding law for\na first home owner grant has been properly made; or\n(b) whether an objection to a decision made under this Act or a\ncorresponding law should be upheld; or\n\nAdministration Part 3\nInvestigations Division 3.2\nSection 38\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) whether an applicant to whom, or for whose benefit, a first home\nowner grant has been paid under this Act or a corresponding law\nwas eligible for the grant; or\n(d) whether a condition on which a first home owner grant has been\npaid under this Act or a corresponding law has been complied\nwith; or\n(e) anything else reasonably related to the administration or\nenforcement of this Act or a corresponding law.\n","sortOrder":24},{"sectionNumber":"38","sectionType":"section","heading":"Cross-border investigation","content":"38 Cross-border investigation\n(1) The commissioner may, at the request of an authority responsible for\nadministering a corresponding law, carry out an authorised\ninvestigation for the corresponding law.\n(2) The commissioner may, under the Taxation Administration Act 1999,\nsection 78, delegate powers of investigation under this division to the\nauthority responsible for the administration of a corresponding law,\nor a person nominated by that authority.\n(3) Subsection (2) does not limit the Taxation Administration Act 1999,\nsection 78.\n","sortOrder":25},{"sectionNumber":"38A","sectionType":"section","heading":"Power to require valuation","content":"38A Power to require valuation\n(1) For the purposes of deciding the total value of an eligible transaction,\nthe commissioner may do 1 or more of the following:\n(a) require, by written notice, an applicant or former applicant for a\nfirst home owner grant to give the commissioner—\n(i) a valuation by a valuer of any property or consideration; or\n(ii) other evidence of the value of the property or consideration\nthe commissioner considers appropriate;\n\nPart 3 Administration\nDivision 3.2 Investigations\nSection 39\npage 28 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) have a valuation made of any property or consideration;\n(c) adopt any available valuation of the property or consideration\nby a valuer.\n(2) In this section:\nvaluer means—\n(a) a certified practising valuer who is a member of the Australian\nProperty Institute; or\n(b) a person the commissioner considers suitably qualified.\n","sortOrder":26},{"sectionNumber":"39","sectionType":"section","heading":"Power to require information, records or other","content":"39 Power to require information, records or other\ndocuments or attendance for examination\n(1) The commissioner may, for an authorised investigation, by written\nnotice given to a person, require the person—\n(a) to provide to the commissioner (either orally or in writing)\ninformation that is described in the notice; or\n(b) to attend and give evidence before an authorised officer; or\n(c) to produce to the commissioner a record or other document\ndescribed in the notice that is in the person’s custody or control.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n(2) The commissioner—\n(a) may state whether information or evidence to be provided or\ngiven under this section must be given orally or in writing; and\n(b) may require any information or evidence given in writing to be\nin the form of, or verified by, a statutory declaration; and\nNote 1 The Statutory Declarations Act 1959 (Cwlth) applies to the making\nof statutory declarations under ACT laws.\nNote 2 It is an offence to make a false or misleading statement, give false\nor misleading information or produce a false or misleading\ndocument (see Criminal Code, pt 3.4).\n\nAdministration Part 3\nInvestigations Division 3.2\nSection 40\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) may require any information or evidence given orally to be\ngiven on oath or affirmation.\n(3) A person commits an offence if the person—\n(a) fails to comply with the requirements of a notice under this\nsection within the period stated in the notice or any further\nperiod allowed by the commissioner; or\n(b) fails to comply with any other requirement of the commissioner\nabout the giving of evidence or how information or evidence is\nto be provided or given under this section.\nMaximum penalty: 50 penalty units.\n(4) Subsection (3) does not apply if the person has a reasonable excuse\nfor failing to comply with the requirement.\n(5) An offence against this section is a strict liability offence.\n","sortOrder":27},{"sectionNumber":"40","sectionType":"section","heading":"Powers of entry and inspection","content":"40 Powers of entry and inspection\n(1) An authorised officer may, for an authorised investigation, enter and\ninspect any premises at any reasonable time and do any of the\nfollowing:\n(a) remain on the premises;\n(b) examine all documents and seize and remove, or take copies of\nor extracts from, any document on behalf of the commissioner;\n(c) require anyone on the premises to answer questions or otherwise\nprovide information;\n(d) require anyone on the premises to give access to any document\nin the person’s custody or control, and to—\n(i) produce or display the document; or\n\nPart 3 Administration\nDivision 3.2 Investigations\nSection 41\npage 30 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) provide a copy of the document or a version of it in some\nform other than that in which it is normally kept;\nin any printed, electronic or other form that it is reasonably\npracticable to provide;\n(e) require the owner or occupier of the premises to provide the\nauthorised officer with such assistance and facilities as are\nreasonably necessary to enable the authorised officer to exercise\npowers under this division.\n(2) An authorised officer who enters premises under subsection (1) and\nis requested by the occupier to identify himself or herself is only\nauthorised to remain on the premises if the authorised officer\nproduces his or her identity card to the occupier.\n(3) The powers of entry and inspection under this section must not be\nexercised in relation to premises, or a part of premises, used for\nresidential purposes except with the consent of the owner or occupier\nof the premises or part.\n(4) In this section:\noccupier, of premises, includes a person apparently in charge of or\nresponsible for the premises.\n","sortOrder":28},{"sectionNumber":"41","sectionType":"section","heading":"Search warrant","content":"41 Search warrant\n(1) If a magistrate is satisfied, on the application of the commissioner\nsupported by an affidavit or other sworn evidence, that there is a\nreasonable ground for suspecting that a document relevant to an\nauthorised investigation may be found in particular premises, the\nmagistrate may issue a warrant authorising an authorised officer\ntogether with any assistants named or described in the warrant—\n(a) to enter those premises, using such force as is necessary for the\npurpose; and\n\nAdministration Part 3\nInvestigations Division 3.2\nSection 42\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) to search the premises and to break open and search anything in\nthe premises in which a document may be stored or concealed;\nand\n(c) to seize or remove, on behalf of the commissioner, any\ndocument that appears to be relevant to the authorised\ninvestigation.\n(2) The powers given by this section are additional to, and do not limit,\nany other powers given by law.\n","sortOrder":29},{"sectionNumber":"42","sectionType":"section","heading":"Use and inspection of documents and records produced","content":"42 Use and inspection of documents and records produced\nor seized\n(1) This section applies to a document that has been produced to the\ncommissioner or seized and removed by an authorised officer.\n(2) The document may be kept for as long as is necessary to enable it to\nbe inspected and copies of or extracts or notes from it to be made.\n(3) If the document is required by the commissioner as evidence for a\nlegal proceeding, it may be kept until the proceedings are finally\ndecided.\n(4) The commissioner must permit a person who would be entitled to\ninspect the document if it were not in the commissioner’s possession\nto inspect the document at any reasonable time.\n(5) This section does not affect any lien a person has on the document.\n","sortOrder":30},{"sectionNumber":"43","sectionType":"section","heading":"Privileges against self-incrimination and exposure to civil","content":"43 Privileges against self-incrimination and exposure to civil\npenalty\n(1) This section applies if a person is required to answer a question, give\ninformation or produce a document under section 39.\n\n","sortOrder":31},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration","content":"Part 3 Administration\n","sortOrder":32},{"sectionNumber":"Div 3","sectionType":"division","heading":"2 Investigations","content":"Division 3.2 Investigations\nSection 45\npage 32 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to answer the question, give the information or produce the\ndocument.\nNote The Legislation Act, s 171 deals with client legal privilege.\n(3) However, any information, document or other thing obtained, directly\nor indirectly, because of the answering of the question, giving of the\ninformation or producing of the document, is not admissible in\nevidence against the person in a criminal proceeding, other than a\nproceeding for—\n(a) an offence in relation to the failure to answer the question, give\nthe information or produce the document; or\n(b) any offence in relation to the falsity or the misleading nature of\nthe answer, information or document.\n","sortOrder":33},{"sectionNumber":"45","sectionType":"section","heading":"Failing to comply with requirement of authorised officer","content":"45 Failing to comply with requirement of authorised officer\n(1) A person must comply with a requirement made of the person by an\nauthorised officer under this division.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) A person does not commit an offence against this section arising from\nthe entry of an authorised officer into premises unless the prosecution\nestablishes that, at the material time, the authorised officer had—\n(a) identified himself or herself as an authorised officer; and\n(b) warned the person that a failure to comply with the requirement\nwas an offence.\n\nRepayment and recovery of grant Part 4\nSection 46\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Repayment and recovery of grant\n46 Definitions—pt 4\nIn this part:\nrecoverable amount—see section 49 (1).\nrecovery notice—see section 49A (2).\n","sortOrder":34},{"sectionNumber":"46A","sectionType":"section","heading":"Meaning of third-party debtor","content":"46A Meaning of third-party debtor\nA third-party debtor, for a grant recipient, means 1 or more of the\nfollowing people:\n(a) a person from whom any money is due or accruing, or may\nbecome due, to the grant recipient;\n(b) a person who holds, or may subsequently hold, money for or on\naccount of the grant recipient;\n(c) a person who holds, or may subsequently hold, money for or on\naccount of someone else for payment to the grant recipient;\n(d) a person who has authority from someone else to pay money to\nthe grant recipient.\n","sortOrder":35},{"sectionNumber":"47","sectionType":"section","heading":"Power to require repayment and impose penalty","content":"47 Power to require repayment and impose penalty\n(1) The commissioner may, by written notice, require an applicant (or\nformer applicant) for a first home owner grant to repay an amount\npaid on the application if—\n(a) the amount was paid in error; or\n(b) the commissioner reverses the decision under which the amount\nwas paid for any other reason.\n\nPart 4 Repayment and recovery of grant\nSection 48\npage 34 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If, because of an applicant’s dishonesty, an amount is paid by way of\na first home owner grant, the commissioner may, by the notice in\nwhich repayment is required or a separate notice, impose a penalty of\nnot more than the amount the applicant is required to repay.\n(3) If an applicant (or former applicant) for a first home owner grant fails\nto make a repayment required under this section or the conditions of\nthe grant, the commissioner may, by written notice, impose a penalty\nof not more than the amount the applicant is required to repay.\n(4) If an amount is paid in error on an application for a first home owner\ngrant to a third party, the commissioner may, by written notice,\nrequire the third party to repay the amount to the commissioner.\n","sortOrder":36},{"sectionNumber":"48","sectionType":"section","heading":"Interest in relation to repayments","content":"48 Interest in relation to repayments\n(1) A person is liable to pay interest under this section on the amount of\na first home owner grant paid to the person if the amount is repayable\nunder section 20 (2) (b) or section 21 (2).\n(2) A person is liable to pay interest under this section on an amount paid\nto the person on an application for a first home owner grant if the\namount is repayable under section 47.\n(3) Interest under this section is to be calculated on a daily basis from—\n(a) if the amount is repayable under section 20 (2) (b)—the relevant\ndate as defined in section 20 (3); or\n(b) if the amount is repayable under section 21 (2)—the day the\nnotice mentioned in section 21 (2) (a) is given to the\ncommissioner; or\n(c) if the amount is repayable under section 47 (1)—the date the\namount was paid to the applicant.\n(4) For this section, the interest rate is the interest rate mentioned in the\nTaxation Administration Act 1999, section 26.\n\nRepayment and recovery of grant Part 4\nSection 49\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":37},{"sectionNumber":"49","sectionType":"section","heading":"Power to recover amount paid in error etc","content":"49 Power to recover amount paid in error etc\n(1) This section applies to the following amounts (each of which is a\nrecoverable amount):\n(a) an amount that an applicant (or former applicant) for a first home\nowner grant is required to repay under the conditions of the grant\nor by requirement of the commissioner under this Act;\n(b) the amount of a penalty imposed on an applicant (or former\napplicant) for a first home owner grant;\n(c) an amount a third party is required to repay by requirement of\nthe commissioner under this Act;\n(d) interest the applicant is required to pay under section 48.\n(2) The liability arising from a requirement to pay (or repay) a\nrecoverable amount is joint and several if the requirement attaches to\n2 or more persons.\n(3) If an applicant who is liable to pay a recoverable amount has an\ninterest in the home for which the first home owner grant was sought,\nthe liability is a first charge on the applicant’s interest in the home.\n(4) The commissioner may recover a recoverable amount as a debt to the\nTerritory.\n(5) The commissioner may enter into an arrangement (which may include\nprovision for the payment of interest) for payment of a liability\noutstanding under this section by instalments.\n(6) The commissioner may remit or refund all or part of an amount of\ninterest paid or payable by a person.\n(7) The commissioner may write off the whole or part of a liability to pay\na recoverable amount if satisfied that action, or further action, to\nrecover the amount outstanding is impracticable or unwarranted.\n\nPart 4 Repayment and recovery of grant\nSection 49A\npage 36 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":38},{"sectionNumber":"49A","sectionType":"section","heading":"Power to recover amounts from third-party debtors","content":"49A Power to recover amounts from third-party debtors\n(1) The commissioner may require a third-party debtor for a grant\nrecipient to pay a recoverable amount instead of the grant recipient.\n(2) The requirement must be made by written notice (a recovery notice)\ngiven to the third-party debtor.\nNote For how documents may be given, see s 53 (1) (c).\n(3) The recovery notice must—\n(a) state the date of the notice; and\n(b) state the recoverable amount; and\n(c) include a statement about the effect of section 49B (1); and\n(d) if section 49B (2) applies—include a statement about the effect\nof the section, and the amount required to be paid out of each\ninstalment; and\n(e) include a statement about the effect of section 49B (3).\n(4) The recovery notice may also state a day by which the amount\nrequired to be paid under the recovery notice is payable.\n(5) The commissioner must give a copy of the recovery notice to the grant\nrecipient.\n","sortOrder":39},{"sectionNumber":"49B","sectionType":"section","heading":"Payment of recoverable amounts by third-party debtors","content":"49B Payment of recoverable amounts by third-party debtors\n(1) The amount that a third-party debtor for a grant recipient is required\nto pay under a recovery notice is—\n(a) if the amount payable by the third-party debtor to the grant\nrecipient is equal to or less than the recoverable amount—all of\nthe amount payable; or\n(b) if the amount payable by the third-party debtor to the grant\nrecipient is more than the recoverable amount—the recoverable\namount.\n\nRepayment and recovery of grant Part 4\nSection 49C\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If the amount payable by the third-party debtor to the grant recipient\nis payable in instalments, the commissioner may require the debtor to\npay the commissioner an amount out of each instalment.\n(3) A third-party debtor must pay the commissioner the amount required\nto be paid under a recovery notice by the later of the following:\n(a) receipt of the recovery notice;\n(b) when the amount held by the third-party debtor becomes due to\nthe grant recipient;\n(c) the day (if any) stated by the commissioner in the recovery\nnotice.\n","sortOrder":40},{"sectionNumber":"49C","sectionType":"section","heading":"Payment of recoverable amounts by others","content":"49C Payment of recoverable amounts by others\n(1) This section applies if—\n(a) the commissioner gives a recovery notice to a third-party debtor\nfor a grant recipient; and\n(b) someone else pays all or part of the recoverable amount to the\ncommissioner after the notice is given.\n(2) If the other person pays all of the recoverable amount, the\ncommissioner must—\n(a) tell the third-party debtor that the debtor is not liable to pay the\nrecoverable amount; and\n(b) if the third-party debtor makes a payment towards the\nrecoverable amount after the other person pays all of the\namount—repay the third-party debtor the payment.\n(3) If the other person pays part of the recoverable amount, the\ncommissioner must give the third-party debtor another notice\n(a revised recovery notice) stating the new amount that the debtor is\nrequired to pay.\n\n","sortOrder":41},{"sectionNumber":"Part 4","sectionType":"part","heading":"Repayment and recovery of grant","content":"Part 4 Repayment and recovery of grant\nSection 49D\npage 38 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":42},{"sectionNumber":"49D","sectionType":"section","heading":"Offence—third-party debtors to comply with notices","content":"49D Offence—third-party debtors to comply with notices\n(1) A third-party debtor for a grant recipient must comply with—\n(a) a recovery notice; or\n(b) if a revised recovery notice is given to the debtor—the revised\nrecovery notice.\nMaximum penalty: 50 penalty units.\n(2) If a third-party debtor is convicted of an offence against\nsubsection (1), the court may, in addition to imposing a penalty on the\ndebtor, order the debtor to pay the commissioner an amount that is\nnot more than the recoverable amount under the recovery notice or\nrevised recovery notice to which the offence relates.\n(3) In this section:\nrevised recovery notice—see section 49C (3).\n","sortOrder":43},{"sectionNumber":"49E","sectionType":"section","heading":"Third-party debtors indemnified","content":"49E Third-party debtors indemnified\nA third-party debtor for a grant recipient who makes a payment under\nthis part is—\n(a) taken to be acting under the authority of the grant recipient and\nanyone else concerned; and\n(b) indemnified by this section in relation to the payment.\n\nMiscellaneous Part 5\nSection 50\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n","sortOrder":44},{"sectionNumber":"50","sectionType":"section","heading":"Secrecy","content":"50 Secrecy\n(1) In this section:\nperson to whom this section applies means a person who—\n(c) is, or has been, engaged in work related to the administration of\nthis Act; or\n(d) has obtained access to protected information (directly or\nindirectly) from a person who is, or has been, engaged in work\nrelated to the administration of this Act.\nprotected information means information about the following people\nthat is disclosed to, or obtained by, a person to whom this section\napplies in the course of work related to the administration of this Act:\n(a) a grant recipient;\n(b) a third-party debtor for a grant recipient.\n(2) A person to whom this section applies commits an offence if the\nperson—\n(a) does something that discloses protected information about\nsomeone else; and\n(b) is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndisclosed.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nPart 5 Miscellaneous\nSection 51\npage 40 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) This section does not apply if the information is disclosed—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law; or\n(c) in relation to the administration or enforcement of—\n(i) a corresponding law; or\n(ii) a law of the Commonwealth, a State or another Territory\nfor the assessment or imposition of a tax; or\n(d) with the consent of the person to whom the information relates\nor a person acting for that person; or\n(e) for the purpose of a legal proceeding; or\n(f) as authorised by regulation.\n","sortOrder":45},{"sectionNumber":"51","sectionType":"section","heading":"Evidence","content":"51 Evidence\n(1) A certificate signed by the commissioner stating that a first home\nowner grant was paid to a person named in the certificate on a stated\ndate is admissible in legal proceedings as evidence of the payment.\n(2) A copy of a notice issued by the commissioner imposing a penalty\nunder this Act is admissible in legal proceedings as evidence of the\nimposition of the penalty.\n(3) A copy of a notice issued by the commissioner requiring the payment\nor repayment of a stated amount is admissible in legal proceedings as\nevidence—\n(a) that the requirement was made; and\n(b) that the amount stated in the notice was outstanding at the date\nof the notice.\n\nMiscellaneous Part 5\nSection 52\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":46},{"sectionNumber":"52","sectionType":"section","heading":"Protection of officers etc","content":"52 Protection of officers etc\n(1) This section applies to—\n(a) the commissioner; and\n(b) an authorised officer; and\n(c) a delegate of the commissioner who is a public servant.\n(2) No personal liability attaches to a person to whom this section applies\nfor an honest act or omission in the exercise, or purported exercise,\nof functions under this Act.\n(3) A liability that would, apart from subsection (2), lie against a person\nto whom this section applies lies against the Territory.\n","sortOrder":47},{"sectionNumber":"53","sectionType":"section","heading":"Application of certain provisions of Taxation","content":"53 Application of certain provisions of Taxation\nAdministration Act\n(1) The following sections of the Taxation Administration Act 1999 apply\nto this Act as if it were a tax law within the meaning of that Act:\n(a) section 127 (Service of documents on commissioner);\n(b) section 128 (Day of service of document or payment of money);\n(c) section 129 (Service of documents by commissioner).\n(2) This section does not, by implication, limit the application to this Act\nof any other provision of the Taxation Administration Act 1999.\n","sortOrder":48},{"sectionNumber":"54","sectionType":"section","heading":"Determination of fees","content":"54 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination under this section is a disallowable instrument.\n\n","sortOrder":49},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"Part 5 Miscellaneous\nSection 56\npage 42 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":50},{"sectionNumber":"56","sectionType":"section","heading":"Regulation-making power","content":"56 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for the offences.\n\nDictionary\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• administrative unit\n• Australian citizen\n• civil partner\n• civil partnership\n• civil union\n• civil union partner\n• commissioner for revenue\n• contravene\n• corporation\n• exercise\n• fail\n• function\n• penalty unit\n• public servant\n• reviewable decision notice\n• State\n• writing.\nauthorised investigation—see section 37.\nauthorised officer—see section 34.\nbuilding includes part of a building.\ncommencement date, of an eligible transaction—see section 13 (3)\nand (5).\ncommissioner means the commissioner for revenue.\ncompleted, for an eligible transaction—see section 13 (4).\n\nDictionary\npage 44 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nconsideration, for an eligible transaction—see section 13 (6).\ncorresponding law means an Act of a State corresponding to this Act.\neligibility criteria means the criteria for deciding whether an\napplicant for a first home owner grant is eligible for the grant (see\ndivision 2.2).\neligible transaction—see section 13 (1) and (2).\nfirst home owner grant means a grant authorised under section 17.\nfirst home owner grant cap means the first home owner grant cap\nmentioned in section 13A.\nfirst home owner grant scheme means the scheme for payment of\nfirst home owner grants established under this Act.\ngrant recipient means—\n(a) an applicant (or former applicant) for a first home owner grant\nto whom an amount is paid under this Act; or\n(b) any other person to whom an amount is paid under this Act.\nguardian, of a person under a legal disability, includes a trustee who\nholds property on trust for the person under an instrument of trust or\nby order or direction of a court or tribunal.\nhome—see section 4.\nhome owner—see section 5 (1).\nidentity card—see the Taxation Administration Act 1999,\nsection 83 (4).\nnew home, for division 2.3 (Eligible transactions)—\nsee section 12B (1).\nobjector, for division 2.6 (Objections and appeals)—see section 24I.\nowner means—\n(a) of land—a person who has a relevant interest in the land; or\n\nDictionary\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) of a home—see section 5 (1).\npartner, of an applicant—see section 6.\npermanent resident means—\n(a) a person who holds a permanent visa for the Migration Act 1958\n(Cwlth), section 30; or\n(b) a New Zealand citizen who holds a special category visa under\nthe Migration Act 1958 (Cwlth), section 32.\nrecoverable amount, for part 4 (Repayment and recovery of grant)—\nsee section 49 (1).\nrecovery notice, for part 4 (Repayment and recovery of grant)—see\nsection 49A (2).\nrelevant interest in land—see section 5 (2), (3) and (4).\nresidence requirements means—\n(a) the requirement—\n(i) under section 12 (1), that an applicant for a first home\nowner grant must occupy the home to which the\napplication relates as the applicant’s principal place of\nresidence for a continuous period of at least 1 year; or\n(ii) under section 12 (1) and (2) (a), that an applicant for a first\nhome owner grant must occupy the home to which the\napplication relates as the applicant’s principal place of\nresidence for a shorter period approved by the\ncommissioner; and\n(b) the requirement under section 12 (3) that the period of\noccupation required under section 12 (1), or section 12 (1) and\n(2) (a), must start within 1 year after completion of the eligible\ntransaction or a longer period approved by the commissioner.\nthird-party debtor, for a grant recipient—see section 46A.\ntotal value of an eligible transaction—see section 13B (1).\n\nEndnotes\n1 About the endnotes\npage 46 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nFirst Home Owner Grant Act 2000 A2000-23\nnotified 15 June 2000 (Gaz 2000 No 24)\ns 1, s 2 commenced 15 June 2000 (IA s 10B)\nremainder commenced 1 July 2000 (s 2)\nas amended by\nTreasury and Infrastructure Legislation Amendment Act 2000\nA2000-78 s 3\nnotified 21 December 2000 (Gaz 2000 No S69)\ns 1, s 2 commenced 21 December 2000 (IA s 10B)\ns 3 commenced 1 July 2000 (s 2 (1))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 154\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 154 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nFirst Home Owner Grant Amendment Act 2001 A2001-46\nnotified 12 July 2001 (Gaz 2001 No 28)\ncommenced 12 July 2001 (s 2)\nLegislation Amendment Act 2002 A2002-11 pt 2.21\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.21 commenced 28 May 2002 (s 2 (1))\nFirst Home Owner Grant Amendment Act 2002 A2002-13\nnotified LR 23 May 2002\ns 1, s 2 commenced 23 May 2002 (LA s 75)\nremainder commenced 24 May 2002 (s 2)\nRevenue Legislation Amendment Act 2002 (No 2) A2002-48 pt 2\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\npt 2 commenced 21 December 2002 (s 2 (2))\n\nEndnotes\n3 Legislation history\npage 48 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.16\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75)\nsch 1 pt 1.16 commenced 28 March 2003 (s 2)\nStatute Law Amendment Act 2003 A2003-41 sch 3 pt 3.11\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\nsch 3 pt 3.11 commenced 9 October 2003 (s 2 (1))\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.10\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.10 commenced 19 December 2003 (s 2)\nFirst Home Owner Grant Amendment Act 2003 A2003-60\nnotified LR 18 December 2003\ns 1, s 2 commenced 18 December 2003 (LA s 75 (1))\ns 3, s 4 commenced 19 December 2003 (s 2 (1))\nremainder commenced 1 January 2004 (s 2 (2))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.36\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.36 commenced 9 April 2004 (s 2 (1))\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.20\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.20 commenced 24 November 2005 (s 2)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.15\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.15 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth Gaz\n","sortOrder":51},{"sectionNumber":"2006","sectionType":"section","heading":"No S93)","content":"2006 No S93)\n\nEndnotes\nLegislation history 3\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.18\nnotified LR 6 December 2007\ns 1, s 2 commenced 6 December 2007 (LA s 75 (1))\nsch 3 pt 3.18 commenced 27 December 2007 (s 2)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.13\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.13 commenced 19 May 2008 (s 2 and CN2008-8)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.42\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.42 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nRevenue Legislation Amendment Act 2009 A2009-4 pt 3\nnotified LR 4 March 2009\ns 1, s 2 commenced 4 March 2009 (LA s 75 (1))\npt 3 commenced 5 March 2009 (s 2)\nFirst Home Owner Grant Amendment Act 2009 A2009-10\nnotified LR 7 April 2009\ns 1, s 2 commenced 7 April 2009 (LA s 75 (1))\nremainder commenced 8 April 2009 (s 2)\nas modified by\nFirst Home Owner Grant Regulation 2008 SL2008-4 (as am by\nSL2009-33 s 4)\nnotified LR 11 March 2008\ns 1, s 2 commenced 11 March 2008 (LA s 75 (1))\nremainder commenced 12 March 2008 (LA s 73 (3) but see CN2008-2)\nFirst Home Owner Grant Amendment Regulation 2009 (No 2)\nSL2009-33 s 4\nnotified LR 29 June 2009\ns 1, s 2 commenced 29 June 2009 (LA s 75 (1))\ns 4 commenced 1 July 2009 (s 2)\nNote This regulation only amends the First Home Owner Grant\nRegulation 2008 SL2008-4.\n\nEndnotes\n","sortOrder":52},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\npage 50 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nas amended by\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.33\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.33 commenced 22 September 2009 (s 2)\nFirst Home Owner Grant Amendment Act 2009 (No 2) A2009-29\nnotified LR 23 September 2009\ns 1, s 2 commenced 23 September 2009 (LA s 75 (1))\nremainder commenced 24 September 2009 (s 2)\nRevenue Legislation Amendment Act 2010 A2010-1 pt 2\nnotified LR 16 February 2010\ns 1, s 2 commenced 16 February 2010 (LA s 75 (1))\npt 2 commenced 17 February 2010 (s 2)\nFirst Home Owner Grant Amendment Act 2010 A2010-46\nnotified LR 24 November 2010\ns 1, s 2 commenced 24 November 2010 (LA s 75 (1))\nremainder commenced 25 November 2010 (s 2)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.21\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.21 commenced 5 June 2012 (s 2 (1))\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.15\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.15 commenced 11 September 2012 (s 2)\nFirst Home Owner Grant Amendment Act 2013 A2013-34\nnotified LR 26 August 2013\ns 1, s 2 commenced 26 August 2013 (LA s 75 (1))\nremainder commenced 1 September 2013 (s 2)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 9\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 9 commenced 1 July 2015 (s 2 and CN2015-9)\n\nEndnotes\nLegislation history 3\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFirst Home Owner Grant Amendment Act 2015 A2015-27\nnotified LR 20 August 2015\ns 1, s 2 commenced 20 August 2015 (LA s 75 (1))\nremainder commenced 1 January 2016 (s 2)\nRevenue Legislation Amendment Act 2015 A2015-49 pt 3\nnotified LR 24 November 2015\ns 1, s 2 commenced 24 November 2015 (LA s 75 (1))\npt 3 commenced 25 November 2015 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.27\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.27 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.17\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.17 commenced 23 June 2021 (s 2 (1))\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.26\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.26 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.42, sch 4\npt 4.76\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.42, sch 4 pt 4.76 commenced 16 November 2025 (s 2 (1),\n(9))\n\nEndnotes\n4 Amendment history\npage 52 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nDictionary\ns 2 orig s 2 om R1 LRA\nins A2003-41 amdt 3.218\nam A2003-56 amdt 3.140; A2025-29 amdt 3.141\nNotes\ns 3 sub A2003-41 amdt 3.218\nOffences against Act—application of Criminal Code etc\ns 3A ins A2005-54 amdt 1.133\nOwnership of land and homes\ns 5 am A2003-41 amdts 3.219–3.221; A2015-19 s 50, s 51; pars\nrenum R30 LA; A2023-36 amdt 1.154\nPartner of applicant\ns 6 am A2003-14 amdt 1.58, amdt 1.59; A2006-22 amdt 1.65\n(A2006-22 rep before commenced by disallowance (see\nCwlth Gaz 2006 No S93)); A2008-14 amdt 1.36; A2012-40\namdt 3.55\nEntitlement to grant\ns 7 am A2010-46 s 4\nEligibility criteria for applicants\ndiv 2.2 hdg sub A2003-41 amdt 3.222\nCriterion 3—Applicant (or applicant’s partner) must not have received an\nearlier grant\ns 10 am A2010-46 s 5\nCriterion 1A—Applicant to be at least 18 years old\ns 8A ins A2003-60 s 4\n(3)-(5) exp 19 December 2004 (s 8A (5))\nCriterion 4—Applicant (or applicant’s partner) must not have had relevant\ninterest in residential property\ns 11 am A2002-48 s 4; A2003-41 amdt 2.223; A2003-60 ss 5-7\nCriterion 5—Residence requirements\ns 12 sub A2003-60 s 8\nam A2010-1 s 4; A2013-34 s 4\nCriterion 6—Applicant must not have been convicted of offence against Act\ns 12A ins A2010-46 s 6\nMeaning of new home—div 2.3\ns 12B ins A2013-34 s 5\nam A2015-49 s 15\n\nEndnotes\nAmendment history 4\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMeaning of eligible transaction etc\ns 13 hdg sub A2003-41 amdt 2.224\ns 13 am A2003-41 amdts 2.225–2.229; A2013-34 s 6, s 7;\nA2015-49 ss 16-18\nFirst home owner grant cap\ns 13A ins A2001-46 s 4\nsub A2002-13 s 4\nam A2003-41 amdt 2.230, amdt 2.231\nexp 1 July 2004 (s 13A (12))\nins A2010-46 s 7\nMeaning of total value of eligible transaction etc\ns 13B ins A2010-46 s 7\nApplication for grant\ns 14 am A2001-44 amdts 1.1727-1.1729\nrenum R2 LA (see A2001-44 amdt 1.1730)\nam A2003-41 amdt 3.232; A2012-21 amdt 3.80;\nA2021-12 amdt 3.37\nAmount of grant\ns 18 am A2001-46 s 5, s 6; A2002-13 s 5, s 6; A2009-10 s 4\n(2)-(4) exp 1 July 2013 (s 18 (4) (LA s 88 declaration applies))\nam A2013-34 s 8; A2015-27 s 4, s 5; A2025-29 amdt 4.76\nAmount of grant for special eligible transactions\ns 18A ins A2002-13 s 7\nexp 1 July 2004 (s 18A (6))\nPayment in anticipation of compliance with residence requirements or first\nhome owner grant cap\ns 20 hdg sub A2003-60 s 9; A2010-46 s 8\ns 20 am A2003-60 s 10; A2005-54 amdt 1.134; A2010-46 s 9, s 10;\nss renum R25 LA\nConditions generally\ns 21 am A2005-54 amdt 1.135; A2009-10 s 5\nDeath of applicant\ns 22 am A2003-60 s 11\nNotification of decision\ns 24 am A2015-49 s 19\nAmount of grant—certain eligible transactions\ndiv 2.5A hdg ins A2009-10 s 6\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\n\nEndnotes\n4 Amendment history\npage 54 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDefinitions—div 2.5A\ns 24A orig s 24A\nins A2009-4 s 6\nrenum as s24I\npres s 24A\nins A2009-10 s 6\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\ndef comprehensive home building contract ins A2009-10\ns 6\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\ndef contract for an ‘off-the-plan’ purchase ins A2009-10 s 6\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\ndef contract for the purchase of a home ins A2009-10 s 6\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\ndef GST Act ins A2009-10 s 6\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\ndef new home ins A2009-10 s 6\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\ndef owner-builder ins A2009-10 s 6\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\nAmount of grant—certain eligible transactions\ns 24B ins A2009-10 s 6\nam A2009-29 s 4\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\nFirst home owner boost for new homes\ns 24C ins A2009-10 s 6\nmod SL2008-4 s 3B (as am by SL2009-33 s 4)\nmod lapsed 24 September 2009 when s 3B om by A2009-29\ns 9\nam A2009-29 ss 5-7\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\nFirst home owner boost for established homes\ns 24D ins A2009-10 s 6\nam A2009-29 s 8\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\nValidating payment of grants for certain eligible transactions\ns 24E ins A2009-10 s 6\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\nTransitional regulations\ns 24F ins A2009-10 s 6\nexp 1 July 2013 (s 24H)\nTransitional effect—Legislation Act, s 88\ns 24G ins A2009-10 s 6\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\n\nEndnotes\nAmendment history 4\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nExpiry—div 2.5A etc\ns 24H ins A2009-10 s 6\nexp 1 July 2013 (s 24H (LA s 88 declaration applies))\nMeaning of objector—div 2.6\ns 24I (prev s 24A) ins A2009-4 s 6\nrenum as s 24I R20 LA\nObjections\ns 25 am A2001-44 amdts 1.1731-1.1734; A2003-41 amdt 3.233;\nA2008-37 amdt 1.177; A2009-4 ss 7-9; ss renum R19 LA;\nA2025-29 amdt 4.76\nGrounds for objection\ns 26 am A2009-4 s 10\nTime for making objection\ns 27 am A2009-4 s 10\nObjections made out of time\ns 28 am A2001-44 amdt 1.1735, amdt 1.1736; A2009-4 s 10;\nA2021-12 amdt 3.37\nReviewable decision notices\ns 30 am A2001-44 amdt 1.1737, amdt 1.1738\nsub A2008-37 amdt 1.178\nam A2025-29 amdt 4.76\nApplications for review\ns 31 sub A2008-37 amdt 1.178\nam A2009-4 s 10; A2010-1 s 5; A2025-29 amdt 4.76\nGiving effect to decision on review\ns 32 sub A2008-37 amdt 1.178\nAdministration agreements\ns 36 am A2003-41 amdt 3.234; A2005-54 amdt 1.136, amdt 1.137\nPower to require valuation\ns 38A ins A2010-46 s 11\nPower to require information, records or other documents or attendance for\nexamination\ns 39 am A2003-41 amdt 3.235; A2005-54 amdt 1.138; A2012-21\namdt 3.81\nSearch warrant\ns 41 am A2003-41 amdt 3.236\nPrivileges against self-incrimination and exposure to civil penalty\ns 43 am A2002-11 amdt 2.42\nsub A2005-54 amdt 1.139\n\nEndnotes\n4 Amendment history\npage 56 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegal professional privilege\ns 44 om A2002-11 amdt 2.43\nFailing to comply with requirement of authorised officer\ns 45 hdg sub A2004-15 amdt 2.81\ns 45 am A2004-15 amdt 2.82; ss renum A2004-15 amdt 2.83;\nA2005-54 amdt 1.140, amdt 1.141\nRepayment and recovery of grant\npt 4 hdg sub A2009-4 s 11\nDefinitions—pt 4\ns 46 om A2004-15 amdt 2.84\nins A2009-4 s 11\ndef recoverable amount ins A2009-4 s 11\ndef recovery notice ins A2009-4 s 11\nMeaning of third-party debtor\ns 46A ins A2009-4 s 11\nInterest in relation to repayments\ns 48 am A2009-4 s 12, s 13; pars renum R19 LA\nPower to recover amount paid in error etc\ns 49 am A2009-4 s 14, s 15\nPower to recover amounts from third-party debtors\ns 49A ins A2009-4 s 16\nPayment of recoverable amounts by third-party debtors\ns 49B ins A2009-4 s 16\nPayment of recoverable amounts by others\ns 49C ins A2009-4 s 16\nOffence—third-party debtors to comply with notices\ns 49D ins A2009-4 s 16\nThird-party debtors indemnified\ns 49E ins A2009-4 s 16\nMiscellaneous\npt 5 hdg ins A2003-60 s 12\nexp 1 January 2005 (s 57 (3))\nins A2009-4 s 16\nSecrecy\ns 50 am A2003-41 amdt 3.237\nsub A2005-54 amdt 1.142\nam A2007-39 amdt 3.71; A2009-4 s 17\nProtection of officers etc\ns 52 am A2003-41 amdt 3.238; A2016-52 amdt 1.85\n\nEndnotes\nAmendment history 4\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDetermination of fees\ns 54 am A2001-44 amdt 1.1739, amdt 1.1740; A2007-39\namdt 3.72; A2025-29 amdt 4.76\nApproved forms\ns 55 prev s 55 renum as s 56\nins A2001-44 amdt 1.1744\nam A2003-41 amdt 3.239; A2007-39 amdt 3.72\nom A2021-12 amdt 3.38\nRegulation-making power\ns 56 orig s 56 ins A2001-46 s 7\nexp 12 August 2001 (s 56 (2))\n(prev s 55) am A2001-44 amdt 1.1741, amdt 1.1742\nrenum as s 56 A2001-44 amdt 1.1743\nam A2007-39 amdt 3.73; A2025-29 amdt 4.76\nAmendments by First Home Owner Grant Amendment Act 2003—continuing\noperation of Act for certain eligible transactions\ns 57 ins A2002-13 s 8\nexp 24 June 2002 (s 57 (2))\nins A2003-60 s 12\nexp 1 January 2005 (s 57 (3))\nTransitional—First Home Owner Grant Amendment Act 2013\npt 10 hdg ins A2013-34 s 10\nexp 1 September 2015 (s 104)\nDefinitions—pt 10\ns 100 ins A2013-34 s 10\nexp 1 September 2015 (s 104)\ndef commencement day ins A2013-34 s 10\nexp 1 September 2015 (s 104)\ndef comprehensive home building contract ins A2013-34\ns 10\nexp 1 September 2015 (s 104)\ndef contract for the purchase of a home ins A2013-34 s 10\nexp 1 September 2015 (s 104)\ndef owner-builder ins A2013-34 s 10\nexp 1 September 2015 (s 104)\nPre-1 September 2013 transactions\ns 101 ins A2013-34 s 10\nexp 1 September 2015 (s 104)\nReplacement of pre-1 September 2013 contracts\ns 102 ins A2013-34 s 10\nexp 1 September 2015 (s 104)\n\nEndnotes\n","sortOrder":53},{"sectionNumber":"4","sectionType":"section","heading":"Amendment history","content":"4 Amendment history\npage 58 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTransitional regulations\ns 103 ins A2013-34 s 10\nexp 1 September 2015 (s 104)\nExpiry—pt 10\ns 104 ins A2013-34 s 10\nexp 1 September 2015 (s 104)\nDictionary\ndict am A2003-41 amdt 3.240, amdt 3.241; A2006-22 amdt 1.66\n(A2006-22 rep before commenced by disallowance (see\nCwlth Gaz 2006 No S93)); A2008-14 amdt 1.37; A2008-37\namdt 1.179; A2012-21 amdt 3.82; A2012-40 amdt 3.56;\nA2016-52 amdt 1.86\ndef Australian citizen sub A2003-41 amdt 3.242; A2009-20\namdt 3.80\nom A2012-21 amdt 3.83\ndef commencement date am A2003-41 amdt 3.243\ndef commissioner am A2003-41 amdt 3.244\ndef completed am A2003-41 amdt 3.245\ndef comprehensive home building contract om A2003-41\namdt 3.246\nins A2009-10 s 7\nexp 1 July 2013 (s 24H)\ndef consideration am A2003-41 amdt 3.247\ndef contract for an ‘off-the-plan’ purchase ins A2009-10 s 7\nexp 1 July 2013 (s 24H)\ndef contract for the purchase of a home om A2003-41\namdt 3.248\nins A2009-10 s 7\nexp 1 July 2013 (s 24H)\ndef corresponding law am A2003-41 amdt 3.249\ndef determined fee om A2001-44 amdt 1.1745\ndef first home owner grant cap ins A2010-46 s 12\ndef function om A2003-41 amdt 3.250\ndef grant recipient ins A2009-4 s 18\ndef GST Act ins A2009-10 s 7\nexp 1 July 2013 (s 24H)\ndef home built to replace demolished premises ins\nA2009-10 s 7\nexp 1 July 2013 (s 24H)\ndef home owner sub A2003-41 amdt 3.251\ndef identity card am A2003-41 amdt 3.252\nsub A2003-56 amdt 3.141\nam A2025-29 amdt 3.142\ndef new home ins A2009-10 s 7\nexp 1 July 2013 (s 24H)\nins A2013-34 s 11\n\nEndnotes\nAmendment history 4\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef objector ins A2009-4 s 18\ndef option om A2003-41 amdt 3.253\ndef owner am A2003-41 amdt 3.254\ndef owner-builder om A2003-41 amdt 3.255\nins A2009-10 s 7\nexp 1 July 2013 (s 24H)\ndef partner sub A2003-41 amdt 3.256\ndef permanent resident sub A2000-78 s 3\ndef recoverable amount ins A2009-4 s 18\ndef recovery notice ins A2009-4 s 18\ndef residence requirement om A2003-60 s 13\ndef residence requirements ins A2003-60 s 13\nam A2013-34 s 12\ndef residential property om A2003-41 amdt 3.257\ndef substantially renovated home ins A2009-10 s 7\nexp 1 July 2013 (s 24H)\ndef taxation law om A2003-41 amdt 3.258\ndef third-party debtor ins A2009-4 s 18\ndef total value ins A2010-46 s 12\ndef tribunal om A2003-41 amdt 3.259\n\nEndnotes\n5 Earlier republications\npage 60 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 Aug 2000\n1 July 2000–\n20 Dec 2000\nnot amended new Act\nR1 (RI)\n18 July 2007\n1 July 2000–\n20 Dec 2000\nA2000-78 reissue of printed\nversion and\nincludes\nretrospective\namendments by\nA2000-78\nR1A\n18 July 2007\n21 Dec 2000–\n11 July 2001\nA2000-78 amendments by\nA2000-78\nR2\n12 Sept 2001\n","sortOrder":54},{"sectionNumber":"12","sectionType":"section","heading":"Sept 2001–","content":"12 Sept 2001–\n23 May 2002\nA2001-46 amendments by\nA2001-44 and\nA2001-46\nR3\n24 May 2002\n24 May 2002–\n27 May 2002\nA2002-13 amendments by\nA2002-13\nR4\n28 May 2002\n28 May 2002–\n24 June 2002\nA2002-13 amendments by\nA2002-11\nR5\n25 June 2002\n25 June 2002–\n20 Dec 2002\nA2002-13 commenced expiry\nR6\n21 Dec 2002\n","sortOrder":55},{"sectionNumber":"21","sectionType":"section","heading":"Dec 2002–","content":"21 Dec 2002–\n27 Mar 2003\nA2002-48 amendments by\nA2002-48\nR7\n28 Mar 2003\n","sortOrder":56},{"sectionNumber":"28","sectionType":"section","heading":"Mar 2003–","content":"28 Mar 2003–\n8 Oct 2003\nA2003-14 amendments by\nA2003-14\nR8*\n9 Oct 2003\n9 Oct 2003–\n18 Dec 2003\nA2003-41 amendments by\nA2003-41\n\nEndnotes\nEarlier republications 5\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR9\n19 Dec 2003\n19 Dec 2003–\n31 Dec 2003\nA2003-60 amendments by\nA2003-56 and\nA2003-60\nR10\n24 Dec 2003\n1 Jan 2004–\n8 Apr 2004\nA2003-60 amendments by\nA2003-60\nR11\n9 Apr 2004\n","sortOrder":57},{"sectionNumber":"9","sectionType":"section","heading":"Apr 2004–","content":"9 Apr 2004–\n1 July 2004\nA2004-15 amendments by\nA2004-15\nR12\n2 July 2004\n2 July 2004–\n19 Dec 2004\nA2004-15 commenced expiry\nR13\n20 Dec 2004\n","sortOrder":58},{"sectionNumber":"20","sectionType":"section","heading":"Dec 2004–","content":"20 Dec 2004–\n1 Jan 2005\nA2004-15 commenced expiry\nR14\n2 Jan 2005\n2 Jan 2005–\n23 Nov 2005\nA2004-15 commenced expiry\nR15\n24 Nov 2005\n24 Nov 2005–\n26 Dec 2007\nA2005-54 amendments by\nA2005-54\nR16\n27 Dec 2007\n","sortOrder":59},{"sectionNumber":"27","sectionType":"section","heading":"Dec 2007–","content":"27 Dec 2007–\n18 May 2008\nA2007-39 amendments by\nA2007-39\nR17\n19 May 2008\n","sortOrder":60},{"sectionNumber":"19","sectionType":"section","heading":"May 2008–","content":"19 May 2008–\n1 Feb 2009\nA2008-14 amendments by\nA2008-14\nR18\n2 Feb 2009\n2 Feb 2009–\n4 Mar 2009\nA2008-37 amendments by\nA2008-37\nR19\n5 Mar 2009\n5 Mar 2009–\n7 Apr 2009\nA2009-4 amendments by\nA2009-4\nR20\n8 Apr 2009\n","sortOrder":61},{"sectionNumber":"8","sectionType":"section","heading":"Apr 2009–","content":"8 Apr 2009–\n30 June 2009\nA2009-10 amendments by\nA2009-10\nR21\n1 July 2009\n1 July 2009–\n21 Sept 2009\nSL2009-33 modifications by\nSL2008-4 as\namended by\nSL2009-33\nR22\n22 Sept 2009\n","sortOrder":62},{"sectionNumber":"22","sectionType":"section","heading":"Sept 2009–","content":"22 Sept 2009–\n23 Sept 2009\nA2009-20 amendments by\nA2009-20\nR23*\n24 Sept 2009\n","sortOrder":63},{"sectionNumber":"24","sectionType":"section","heading":"Sept 2009–","content":"24 Sept 2009–\n16 Feb 2010\nA2009-29 amendments by\nA2009-29\n\nEndnotes\n5 Earlier republications\npage 62 First Home Owner Grant Act 2000\nEffective: 16/11/25\nR37\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR24\n17 Feb 2010\n17 Feb 2010–\n24 Nov 2010\nA2010-1 amendments by\nA2010-1\nR25\n25 Nov 2010\n25 Nov 2010–\n4 June 2012\nA2010-46 amendments by\nA2010-46\nR26\n5 June 2012\n","sortOrder":64},{"sectionNumber":"5","sectionType":"section","heading":"June 2012–","content":"5 June 2012–\n10 Sept 2012\nA2012-21 amendments by\nA2012-21\nR27\n11 Sept 2012\n","sortOrder":65},{"sectionNumber":"11","sectionType":"section","heading":"Sept 2012–","content":"11 Sept 2012–\n1 July 2013\nA2012-40 amendments by\nA2012-40\nR28\n2 July 2013\n2 July 2013–\n31 Aug 2013\nA2012-40 expiry of provisions\n(s 18 (2)-(4), div\n2.5A and certain\ndefinitions in dict)\nR29\n1 Sept 2013\n1 Sept 2013–\n30 June 2015\nA2013-34 amendments by\nA2013-34\nR30\n1 July 2015\n1 July 2015–\n1 Sept 2015\nA2015-19 amendments by\nA2015-19\nR31\n2 Sept 2015\n","sortOrder":66},{"sectionNumber":"2","sectionType":"section","heading":"Sept 2015–","content":"2 Sept 2015–\n24 Nov 2015\nA2015-19 expiry of\ntransitional\nprovisions (pt 10)\nR32\n25 Nov 2015\n","sortOrder":67},{"sectionNumber":"25","sectionType":"section","heading":"Nov 2015–","content":"25 Nov 2015–\n31 Dec 2015\nA2015-49 amendments by\nA2015-49\nR33\n1 Jan 2016\n1 Jan 2016–\n31 Aug 2016\nA2015-49 amendments by\nA2015-27\nR34\n1 Sept 2016\n","sortOrder":68},{"sectionNumber":"1","sectionType":"section","heading":"Sept 2016–","content":"1 Sept 2016–\n22 June 2021\nA2016-52 amendments by\nA2016-52\nR35\n23 June 2021\n","sortOrder":69},{"sectionNumber":"23","sectionType":"section","heading":"June 2021–","content":"23 June 2021–\n26 Nov 2023\nA2021-12 amendments by\nA2021-12\nR36\n17 Nov 2023\n","sortOrder":70},{"sectionNumber":"17","sectionType":"section","heading":"Nov 2023–","content":"17 Nov 2023–\n15 Nov 2025\nA2023-36 amendments by\nA2023-36\n\nEndnotes\nExpired transitional or validating provisions 6\nR37\n16/11/25\nFirst Home Owner Grant Act 2000\nEffective: 16/11/25\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":71},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions","content":"6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2025","sortOrder":72}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":741},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2000 purpose of GST offset. It now includes: third-party debt recovery powers (2009 amendments), a $750,000 property value cap (2010), restrictions to 'new homes' only (2013), owner-builder provisions, comprehensive anti-avoidance rules, and cross-border investigation powers. The 2009-2013 period saw major temporary 'boost' payments that have since expired. The 2023 amendments integrated changes from the Planning Act 2023."},"complexity_factors":["Multiple cross-references to the Taxation Administration Act 1999 for enforcement powers","Nested eligibility criteria with exceptions (e.g., age requirement can be waived, residence period can be shortened)","Complex valuation rules for determining 'total value' of transactions including unencumbered value calculations","Third-party debt recovery mechanisms with detailed procedural requirements","Anti-avoidance provisions targeting schemes to circumvent eligibility limits","25+ defined terms in the Dictionary with signpost definitions to other legislation","Multiple commencement dates and transitional provisions (some expired, some current)","Strict liability offences with penalty units requiring cross-reference to Legislation Act for values"],"plain_english_summary":"This Act establishes a First Home Owner Grant — a government cash payment to help eligible first‑time buyers enter the ACT housing market. It applies to individuals (18+, Australian citizens or permanent residents) buying or building new homes (contracts on/after 1 Sept 2013) with a $750,000 transaction cap, requires occupancy as main residence and timely application, and can be recovered if conditions aren’t met. It offsets housing costs for first‑home purchasers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has broadened from a straightforward grant to a detailed regulatory and enforcement regime. Key scope expansions include: the introduction of a transaction value cap (s 13A) and complex valuation rules (s 13B); stronger anti‑circumvention and investigatory powers (s 13(2), s 38A, s 39–41); recovery mechanisms extending to third‑party debtors and first charges on homes (ss 49–49E); and administrative delegation/agreements with financial institutions (s 36). These additions move the Act beyond simply paying a subsidy to also focusing on preventing abuse and recovering incorrect payments, increasing administrative control and enforcement reach."},"complexity_factors":["Multiple eligibility criteria with layered exceptions (Div 2.2: ss 8, 8A, 9, 10, 11, 12) creating conditional disqualification tests","Complex, multi‑method valuation rules for the \"total value\" of transactions (s 13B) including unencumbered value adjustments and anti‑reduction factors","Detailed definition of \"eligible transaction\" with commencement/completion mechanics and anti‑circumvention presumption (s 13, s 12B)","Significant administrative discretion spread across sections (exemptions, early payments, conditions, correction of decisions—ss 8A, 12(2), 17(2), 20, 21, 23)","Robust enforcement and recovery regime with third‑party debtor notices, first charges on property, interest and penalties (ss 47–49E)","Integration and cross‑references to the Taxation Administration Act 1999 for officer powers and service procedures (ss 34, 53) increasing cross‑legislative complexity","Extensive investigatory powers (requirement for valuations, documents, entry, warrants) with procedural limits (ss 38A, 39–41)","Strict liability offences and significant penalties in multiple places (e.g. ss 20(6), 21(4), 36(3), 45(1), 49D(1)), which raise compliance/legal risk considerations","Multiple review and appeal layers (objection to commissioner, ACAT review, courts) with tight time frames (Div 2.6: ss 25–32)","Lengthy amendment and transitional history (numerous expired/transitional provisions in amendment history) that complicates point‑in‑time reading and interpretation"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a grant (the First Home Owner Grant) paid by the Australian Capital Territory (the Territory) to eligible first home buyers (see s 7 and s 18). The amount is the lesser of the transaction consideration and an amount the Minister determines (s 18).\n\n- Defines which purchases and building activities qualify as \"eligible transactions\": broadly, contracts to buy a new home, comprehensive building contracts, or owner‑builder projects with specified commencement dates and completion tests (s 13, s 12B). A financial cap on eligible transactions applies for transactions commencing on/after 1 January 2011 (s 13A, s 13B).\n\n- Sets eligibility rules for applicants: must be an individual, generally at least 18 (but commissioner can exempt), an Australian citizen or permanent resident (with a concession for joint applicants), and not previously paid a grant or previously holding a relevant interest in residential property in ways that disqualify them (see s 8, s 8A, s 9, s 10, s 11). Applicants must occupy the purchased home as their principal residence for a continuous period (default one year) beginning within a year of completion (s 12).\n\n- Requires applications to be made to the Commissioner for Revenue, with specified time windows, information and verification requirements, and a decision process (s 14, s 17). The commissioner may pay the grant before completion in limited circumstances and may attach conditions (s 17, s 20, s 21).\n\n- Gives the commissioner investigatory powers and enforcement tools: require valuations or documents (s 38A, s 39), enter and inspect premises with limits (s 40), obtain search warrants (s 41), and carry out cross‑border investigations in cooperation with State schemes (s 38).\n\n- Provides repayment and recovery powers where a grant was paid in error or must be repaid under conditions: the commissioner can require repayment, impose penalties and interest, register a first charge on the home in some cases, and recover amounts from third‑party debtors (s 47–s 49E). Recovery notices to third parties and associated offences are available (s 49A–49D).\n\n- Includes secrecy and privacy safeguards and offences for improper disclosure of protected information (s 50). It also adopts relevant service and procedural provisions from the Taxation Administration Act 1999 (s 53).\n\nWho decides and who pays\n\n- Who decides: the Commissioner for Revenue (\"the commissioner\") administers the scheme and has discretion to approve exemptions, vary decisions, and impose conditions (s 33, s 17, s 21). The Minister sets the maximum payable amount by determination (s 18).\n\n- Who pays: the grant is paid out of Territory funds; the commissioner authorises payment (s 17, s 19). If repayment is required, the Territory recovers sums (s 49(4)).\n\nWhy it matters (stated purpose and practical effects)\n\n- Stated purpose: to encourage and assist home ownership and to offset the effect of the GST on acquiring a first home (long title).\n\n- Practical effects: the Act creates a monetary subsidy for qualifying first home buyers and establishes the administrative, compliance and enforcement framework to manage payment, prevent abuse and recover incorrect payments. Eligibility rules, value calculations and the cap (s 13A, s 13B) shape who benefits and restrict grants for higher value transactions.\n\nCosts, incentives, trade‑offs and practical risks (mechanisms, not judgement)\n\n- Who pays and who benefits: Territory taxpayers fund the grants; eligible purchasers (particularly purchasers of new homes and owner‑builders who meet the rules) receive concentrated benefits (s 7, s 13). The grant cap (s 13A) narrows benefits for higher‑value properties.\n\n- Behavioural incentives: purchasers and builders can time contracts and structure transactions to meet commencement/completion tests in s 13 and the definitions in s 12B; the Act includes anti‑circumvention presumptions (s 13(2)) and valuation rules (s 13B) to limit artificial value reductions.\n\n- Compliance and administrative cost: applicants must supply verified information and valuations (s 14, s 38A). The commissioner has broad investigatory powers (s 39–41) and can delegate or contract out administration functions (s 36), shifting some operational burden to financial institutions or third parties subject to conditions (s 36(1)–(3)).\n\n- Enforcement risk and burden on private parties: the law allows recovery from third‑party debtors (s 49A–49C) and registration of a first charge on the home where the recipient retains an interest (s 49(3)). Several offences are strict liability and carry significant penalties (e.g. up to 50 penalty units; see s 20(6), s 21(4), s 36(3), s 45(1), s 49D(1)). There is also a secrecy offence with custodial exposure (s 50).\n\n- Discretion and legal safeguards: the commissioner has extensive discretion (exemptions to age and residence rules, early payments with conditions, correction of decisions within 5 years—see s 8A(2), s 12(2), s 20, s 23) but decisions are reviewable by objection and ACAT (s 25–s 32). This creates administrative flexibility but also places weight on Commissioner practice and record‑keeping.\n\n- Valuation and litigation risk: the Act requires calculation of the \"total value\" of transactions (s 13B) and allows the commissioner to require or adopt valuations (s 38A). Disputes about unencumbered value, arrangements between related parties, or schemes to reduce apparent value are addressed by substantive provisions (s 13B(3)), which can generate contested factual inquiries.\n\nImplementation considerations and potential unintended consequences\n\n- Administrative complexity: multiple cross‑references to the Taxation Administration Act 1999 (s 34, s 53) and a dense set of valuation and anti‑avoidance rules (s 13, s 13B, s 38A) increase processing complexity.\n\n- Risk of substitution and timing effects: applicants and developers may re‑time contracts or redesign arrangements to fit definitions of ‘‘eligible transaction’’ or to fall below the cap (s 13, s 13A). The Act includes prescriptive measures to reduce such manipulation (s 13(2), s 13B(3)).\n\n- Concentration of administrative discretion: substantial powers sit with the commissioner (decisions, exemptions, recovery notices, delegation to banks) which produces operational efficiency but concentrates decision authority (s 17, s 36, s 49A).\n\nKey provisions cited: s 7 (entitlement), s 8/8A/9/10/11/12 (eligibility), s 13/12B/13A/13B (eligible transactions and valuation), s 14/17/18/19/20/21 (application, decision, payment, conditions), s 36 (administration agreements), s 38A/39–41 (investigatory powers), s 47–49E (repayment and recovery), s 50 (secrecy), s 53 (Taxation Administration Act application)."}},"importantCases":[],"_links":{"self":"/api/acts/first-home-owner-grant-act-2000","history":"/api/acts/first-home-owner-grant-act-2000/history","analysis":"/api/acts/first-home-owner-grant-act-2000/analysis","conflicts":"/api/acts/first-home-owner-grant-act-2000/conflicts","importantCases":"/api/acts/first-home-owner-grant-act-2000/important-cases","documents":"/api/acts/first-home-owner-grant-act-2000/documents"}}