{"id":"qld:act-2000-014","name":"First Home Owner Grant and Other Home Owner Grants Act 2000","slug":"first-home-owner-grant-and-other-home-owner-grants-act-2000","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"14 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104636,"registerId":"qld-act-2000-014-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the First Home Owner Grant and Other Home Owner Grants Act 2000 .\ns 1 amd 2020 No. 30 s 4F","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on 1 July 2000.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":3},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Basic concepts for first home owner grants","content":"## Basic concepts for first home owner grants","sortOrder":6},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Application of division","content":"### sec.3A Application of division\n\nThis division applies in relation to first home owner grants.\ns 3A ins 2020 No. 30 s 4H","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of eligibility criteria","content":"### sec.4 Meaning of eligibility criteria\n\nThe eligibility criteria are the criteria, under part 3 , division 2 , for deciding whether an applicant for a first home owner grant is eligible for the grant.","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of eligible transaction","content":"### sec.5 Meaning of eligible transaction\n\nAn eligible transaction is—\na contract made on or after 1 July 2000 for the purchase of a new home in the State; or\na comprehensive home building contract made by the owner of land in the State, or a person who will on completion of the contract be the owner of land in the State, to have a new home built on the land, if the contract is made on or after 1 July 2000; or\nthe building of a new home in the State by an owner builder if the building work starts on or after 1 July 2000.\nAlso, each of the following is an eligible transaction —\na contract made on or after 1 July 2000 but before 11 October 2012 for the purchase of a home, other than a new home, in the State;\na comprehensive home building contract made by the owner of land in the State, or a person who will on completion of the contract be the owner of land in the State, to have a home, other than a new home, built on the land, if the contract is made on or after 1 July 2000 but before 11 October 2012;\nthe building of a home, other than a new home, in the State by an owner builder if the building work starts on or after 1 July 2000 but before 11 October 2012.\nFor subsections (1) (a) and (2) (a) , a contract is a contract for the purchase of a new home or other home if the contract is a contract for the acquisition of a relevant interest in land—\non which a new home or other home is built; or\non which a new home or other home is to be built, before completion of the contract, by or for the vendor and at the expense of the vendor.\nHowever, a contract is not an eligible transaction if the commissioner is satisfied it forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant.\nUnless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (4) if—\nfor a contract to purchase a new home or other home—the purchaser had an option to purchase the home granted before 1 July 2000 or the vendor had an option to require the purchaser to purchase the home granted before that date; or\nfor a comprehensive home building contract—either party had a right or option granted before 1 July 2000 to require the other to enter into the contract.\nAlso, a transaction is not an eligible transaction if the consideration for the transaction is $750,000 or more.\nAlso, a contract mentioned in subsection (1) (a) or (2) (a) is not an eligible transaction if the total of the following—\nthe unencumbered value of the new home or other home;\nthe unencumbered value of the relevant interest in the land, on which the new home or other home is built or to be built, at the commencement date for the contract;\nis $750,000 or more.\nAlso, a contract mentioned in subsection (1) (b) or (2) (b) to have a new home or other home built on land is not an eligible transaction if the total of the following—\nthe consideration for the transaction;\nthe unencumbered value of the land at the commencement date for the contract;\nis $750,000 or more.\nAlso, a transaction mentioned in subsection (1) (c) or (2) (c) is not an eligible transaction if the total of the following—\nthe consideration for the transaction;\nthe unencumbered value of the land, on which the new home or other home is to be built, at the commencement date for the transaction;\nis $750,000 or more.\ns 5 amd 2008 No. 75 s 46 ; 2010 No. 11 s 69 ; 2012 No. 25 s 15\n(sec.5-ssec.1) An eligible transaction is— a contract made on or after 1 July 2000 for the purchase of a new home in the State; or a comprehensive home building contract made by the owner of land in the State, or a person who will on completion of the contract be the owner of land in the State, to have a new home built on the land, if the contract is made on or after 1 July 2000; or the building of a new home in the State by an owner builder if the building work starts on or after 1 July 2000.\n(sec.5-ssec.2) Also, each of the following is an eligible transaction — a contract made on or after 1 July 2000 but before 11 October 2012 for the purchase of a home, other than a new home, in the State; a comprehensive home building contract made by the owner of land in the State, or a person who will on completion of the contract be the owner of land in the State, to have a home, other than a new home, built on the land, if the contract is made on or after 1 July 2000 but before 11 October 2012; the building of a home, other than a new home, in the State by an owner builder if the building work starts on or after 1 July 2000 but before 11 October 2012.\n(sec.5-ssec.3) For subsections (1) (a) and (2) (a) , a contract is a contract for the purchase of a new home or other home if the contract is a contract for the acquisition of a relevant interest in land— on which a new home or other home is built; or on which a new home or other home is to be built, before completion of the contract, by or for the vendor and at the expense of the vendor.\n(sec.5-ssec.4) However, a contract is not an eligible transaction if the commissioner is satisfied it forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant.\n(sec.5-ssec.5) Unless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (4) if— for a contract to purchase a new home or other home—the purchaser had an option to purchase the home granted before 1 July 2000 or the vendor had an option to require the purchaser to purchase the home granted before that date; or for a comprehensive home building contract—either party had a right or option granted before 1 July 2000 to require the other to enter into the contract.\n(sec.5-ssec.6) Also, a transaction is not an eligible transaction if the consideration for the transaction is $750,000 or more.\n(sec.5-ssec.7) Also, a contract mentioned in subsection (1) (a) or (2) (a) is not an eligible transaction if the total of the following— the unencumbered value of the new home or other home; the unencumbered value of the relevant interest in the land, on which the new home or other home is built or to be built, at the commencement date for the contract; is $750,000 or more.\n(sec.5-ssec.8) Also, a contract mentioned in subsection (1) (b) or (2) (b) to have a new home or other home built on land is not an eligible transaction if the total of the following— the consideration for the transaction; the unencumbered value of the land at the commencement date for the contract; is $750,000 or more.\n(sec.5-ssec.9) Also, a transaction mentioned in subsection (1) (c) or (2) (c) is not an eligible transaction if the total of the following— the consideration for the transaction; the unencumbered value of the land, on which the new home or other home is to be built, at the commencement date for the transaction; is $750,000 or more.\n- (a) a contract made on or after 1 July 2000 for the purchase of a new home in the State; or\n- (b) a comprehensive home building contract made by the owner of land in the State, or a person who will on completion of the contract be the owner of land in the State, to have a new home built on the land, if the contract is made on or after 1 July 2000; or\n- (c) the building of a new home in the State by an owner builder if the building work starts on or after 1 July 2000.\n- (a) a contract made on or after 1 July 2000 but before 11 October 2012 for the purchase of a home, other than a new home, in the State;\n- (b) a comprehensive home building contract made by the owner of land in the State, or a person who will on completion of the contract be the owner of land in the State, to have a home, other than a new home, built on the land, if the contract is made on or after 1 July 2000 but before 11 October 2012;\n- (c) the building of a home, other than a new home, in the State by an owner builder if the building work starts on or after 1 July 2000 but before 11 October 2012.\n- (a) on which a new home or other home is built; or\n- (b) on which a new home or other home is to be built, before completion of the contract, by or for the vendor and at the expense of the vendor.\n- (a) for a contract to purchase a new home or other home—the purchaser had an option to purchase the home granted before 1 July 2000 or the vendor had an option to require the purchaser to purchase the home granted before that date; or\n- (b) for a comprehensive home building contract—either party had a right or option granted before 1 July 2000 to require the other to enter into the contract.\n- (a) the unencumbered value of the new home or other home;\n- (b) the unencumbered value of the relevant interest in the land, on which the new home or other home is built or to be built, at the commencement date for the contract;\n- (a) the consideration for the transaction;\n- (b) the unencumbered value of the land at the commencement date for the contract;\n- (a) the consideration for the transaction;\n- (b) the unencumbered value of the land, on which the new home or other home is to be built, at the commencement date for the transaction;","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of home and new home","content":"### sec.6 Meaning of home and new home\n\nA home is a building, fixed to land, that—\nmay lawfully be used as a place of residence; and\nis a suitable building for use as a place of residence.\nA new home is a home that—\nhas not been previously occupied or sold as a place of residence; or\nis a substantially renovated home.\nFor subsection (2) (b) , a home is a substantially renovated home if—\nthe home is the subject of a contract for the purchase of the home; and\nthe sale of the home under the contract is, under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , a taxable supply as a sale of new residential premises as defined under section 40 -75(1)(b) of that Act; and\nthe home, as renovated, has not been previously occupied or sold as a place of residence.\ns 6 amd 2012 No. 25 s 10 (retro)\n(sec.6-ssec.1) A home is a building, fixed to land, that— may lawfully be used as a place of residence; and is a suitable building for use as a place of residence.\n(sec.6-ssec.2) A new home is a home that— has not been previously occupied or sold as a place of residence; or is a substantially renovated home.\n(sec.6-ssec.3) For subsection (2) (b) , a home is a substantially renovated home if— the home is the subject of a contract for the purchase of the home; and the sale of the home under the contract is, under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , a taxable supply as a sale of new residential premises as defined under section 40 -75(1)(b) of that Act; and the home, as renovated, has not been previously occupied or sold as a place of residence.\n- (a) may lawfully be used as a place of residence; and\n- (b) is a suitable building for use as a place of residence.\n- (a) has not been previously occupied or sold as a place of residence; or\n- (b) is a substantially renovated home.\n- (a) the home is the subject of a contract for the purchase of the home; and\n- (b) the sale of the home under the contract is, under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , a taxable supply as a sale of new residential premises as defined under section 40 -75(1)(b) of that Act; and\n- (c) the home, as renovated, has not been previously occupied or sold as a place of residence.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of home owner or owner of a home","content":"### sec.7 Meaning of home owner or owner of a home\n\nA person is a home owner or owner of a home if the person has a relevant interest in the land on which the home is built.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of relevant interest","content":"### sec.8 Meaning of relevant interest\n\nA relevant interest in land is—\nan estate in fee simple in the land; or\na life estate in the land; or\na perpetual lease of the land granted by the Commonwealth or the State; or\na leasehold interest in the land granted by the Commonwealth or the State that may be converted into an estate in fee simple under the terms of the lease or the Act under which the lease is granted; or\na term lease for pastoral purposes granted under the Land Act 1994 ; or\nan interest as purchaser under—\na contract for the purchase from the Commonwealth or the State, or any Commonwealth or State instrumentality or authority, of an estate in fee simple in the land by instalments; or\nan instalment contract under the Property Law Act 2023 , section 89 , for the purchase of an estate in fee simple in the land; or\na licence or right of occupancy granted by the Commonwealth or the State, or any Commonwealth or State instrumentality or authority, that gives, in the commissioner’s opinion, the licensee or the holder of the right reasonable security of tenure; or\nan interest in a company’s shares if the commissioner is satisfied that—\nthe interest entitles the holder of the interest to exclusive occupation of a specified home owned by the company; and\nthe home was built before the holder of the interest acquired the interest or entered into an agreement to acquire the interest; and\nthe value of the shares is not less than the value of the company’s interest in the home; or\nanother interest declared by regulation to be a relevant interest.\nAlso, see the schedule, definition residential property and section 14 .\nHowever—\nan interest is not a relevant interest at a particular time unless the holder of the interest has, or will have within 1 year after that time, a right to immediate occupation of the land; and\nan interest is not a relevant interest in the hands of a person who holds it subject to a trust.\nA regulation under subsection (1) (i) may declare an interest to be a relevant interest in land even though the interest may not be recognised at law or in equity as an interest in land.\nIf a person holds an interest in land on trust as guardian for a person under a legal disability and the interest would be a relevant interest if it were not for subsection (2) (b) —\nthe person under the legal disability is taken to be the person who holds a relevant interest in the land; and\nthe guardian is taken not to hold the interest.\ns 8 amd 2013 No. 28 s 42 ; 2023 No. 27 s 289 sch 3\n(sec.8-ssec.1) A relevant interest in land is— an estate in fee simple in the land; or a life estate in the land; or a perpetual lease of the land granted by the Commonwealth or the State; or a leasehold interest in the land granted by the Commonwealth or the State that may be converted into an estate in fee simple under the terms of the lease or the Act under which the lease is granted; or a term lease for pastoral purposes granted under the Land Act 1994 ; or an interest as purchaser under— a contract for the purchase from the Commonwealth or the State, or any Commonwealth or State instrumentality or authority, of an estate in fee simple in the land by instalments; or an instalment contract under the Property Law Act 2023 , section 89 , for the purchase of an estate in fee simple in the land; or a licence or right of occupancy granted by the Commonwealth or the State, or any Commonwealth or State instrumentality or authority, that gives, in the commissioner’s opinion, the licensee or the holder of the right reasonable security of tenure; or an interest in a company’s shares if the commissioner is satisfied that— the interest entitles the holder of the interest to exclusive occupation of a specified home owned by the company; and the home was built before the holder of the interest acquired the interest or entered into an agreement to acquire the interest; and the value of the shares is not less than the value of the company’s interest in the home; or another interest declared by regulation to be a relevant interest. Also, see the schedule, definition residential property and section 14 .\n(sec.8-ssec.2) However— an interest is not a relevant interest at a particular time unless the holder of the interest has, or will have within 1 year after that time, a right to immediate occupation of the land; and an interest is not a relevant interest in the hands of a person who holds it subject to a trust.\n(sec.8-ssec.3) A regulation under subsection (1) (i) may declare an interest to be a relevant interest in land even though the interest may not be recognised at law or in equity as an interest in land.\n(sec.8-ssec.4) If a person holds an interest in land on trust as guardian for a person under a legal disability and the interest would be a relevant interest if it were not for subsection (2) (b) — the person under the legal disability is taken to be the person who holds a relevant interest in the land; and the guardian is taken not to hold the interest.\n- (a) an estate in fee simple in the land; or\n- (b) a life estate in the land; or\n- (c) a perpetual lease of the land granted by the Commonwealth or the State; or\n- (d) a leasehold interest in the land granted by the Commonwealth or the State that may be converted into an estate in fee simple under the terms of the lease or the Act under which the lease is granted; or\n- (e) a term lease for pastoral purposes granted under the Land Act 1994 ; or\n- (f) an interest as purchaser under— (i) a contract for the purchase from the Commonwealth or the State, or any Commonwealth or State instrumentality or authority, of an estate in fee simple in the land by instalments; or (ii) an instalment contract under the Property Law Act 2023 , section 89 , for the purchase of an estate in fee simple in the land; or\n- (i) a contract for the purchase from the Commonwealth or the State, or any Commonwealth or State instrumentality or authority, of an estate in fee simple in the land by instalments; or\n- (ii) an instalment contract under the Property Law Act 2023 , section 89 , for the purchase of an estate in fee simple in the land; or\n- (g) a licence or right of occupancy granted by the Commonwealth or the State, or any Commonwealth or State instrumentality or authority, that gives, in the commissioner’s opinion, the licensee or the holder of the right reasonable security of tenure; or\n- (h) an interest in a company’s shares if the commissioner is satisfied that— (i) the interest entitles the holder of the interest to exclusive occupation of a specified home owned by the company; and (ii) the home was built before the holder of the interest acquired the interest or entered into an agreement to acquire the interest; and (iii) the value of the shares is not less than the value of the company’s interest in the home; or\n- (i) the interest entitles the holder of the interest to exclusive occupation of a specified home owned by the company; and\n- (ii) the home was built before the holder of the interest acquired the interest or entered into an agreement to acquire the interest; and\n- (iii) the value of the shares is not less than the value of the company’s interest in the home; or\n- (i) another interest declared by regulation to be a relevant interest. Note— Also, see the schedule, definition residential property and section 14 .\n- (i) a contract for the purchase from the Commonwealth or the State, or any Commonwealth or State instrumentality or authority, of an estate in fee simple in the land by instalments; or\n- (ii) an instalment contract under the Property Law Act 2023 , section 89 , for the purchase of an estate in fee simple in the land; or\n- (i) the interest entitles the holder of the interest to exclusive occupation of a specified home owned by the company; and\n- (ii) the home was built before the holder of the interest acquired the interest or entered into an agreement to acquire the interest; and\n- (iii) the value of the shares is not less than the value of the company’s interest in the home; or\n- (a) an interest is not a relevant interest at a particular time unless the holder of the interest has, or will have within 1 year after that time, a right to immediate occupation of the land; and\n- (b) an interest is not a relevant interest in the hands of a person who holds it subject to a trust.\n- (a) the person under the legal disability is taken to be the person who holds a relevant interest in the land; and\n- (b) the guardian is taken not to hold the interest.","sortOrder":12},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Meaning of unencumbered value","content":"### sec.8A Meaning of unencumbered value\n\nThe unencumbered value of property is the value of the property determined without regard to—\nany encumbrance to which the property is subject, whether contingently or otherwise; or\nany arrangement—\nthe parties to which are not dealing with each other at arm’s length; and\nthat results in the reduction of the value of the property; or\nany arrangement for which a significant purpose of any party to the arrangement was, in the commissioner’s opinion, the reduction of the value of the property.\nAlso, the unencumbered value of property held by a person on trust as guardian for another person who is under a legal disability must be determined without regard to the liabilities of the trust, including the liability to indemnify the trustee.\nIn this section—\nproperty means—\na home; or\nland; or\na relevant interest in land.\ns 8A ins 2008 No. 75 s 47\n(sec.8A-ssec.1) The unencumbered value of property is the value of the property determined without regard to— any encumbrance to which the property is subject, whether contingently or otherwise; or any arrangement— the parties to which are not dealing with each other at arm’s length; and that results in the reduction of the value of the property; or any arrangement for which a significant purpose of any party to the arrangement was, in the commissioner’s opinion, the reduction of the value of the property.\n(sec.8A-ssec.2) Also, the unencumbered value of property held by a person on trust as guardian for another person who is under a legal disability must be determined without regard to the liabilities of the trust, including the liability to indemnify the trustee.\n(sec.8A-ssec.3) In this section— property means— a home; or land; or a relevant interest in land.\n- (a) any encumbrance to which the property is subject, whether contingently or otherwise; or\n- (b) any arrangement— (i) the parties to which are not dealing with each other at arm’s length; and (ii) that results in the reduction of the value of the property; or\n- (i) the parties to which are not dealing with each other at arm’s length; and\n- (ii) that results in the reduction of the value of the property; or\n- (c) any arrangement for which a significant purpose of any party to the arrangement was, in the commissioner’s opinion, the reduction of the value of the property.\n- (i) the parties to which are not dealing with each other at arm’s length; and\n- (ii) that results in the reduction of the value of the property; or\n- (a) a home; or\n- (b) land; or\n- (c) a relevant interest in land.","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of spouse","content":"### sec.9 Meaning of spouse\n\nSubject to subsections (2) to (6) , a spouse is a person who is—\nmarried; or\na de facto partner; or\nSee the Acts Interpretation Act 1954 , section 32DA .\na civil partner.\nA person is a de facto partner of another person only if they are living together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA , and, for at least 2 years, have so lived together as a couple.\nSubsection (4) applies if the commissioner is satisfied, when deciding an application for a first home owner grant, that—\nan applicant for the grant—\nis married but is living apart from the person to whom the applicant is married; or\nis in a registered relationship but is living apart from the person with whom the applicant is in a civil partnership; and\nthe applicant and the person mentioned in paragraph (a) (i) or (ii) have no intention of again living together as a couple.\nThe person to whom the applicant is married, or with whom the applicant is in a civil partnership, must not be regarded as the applicant’s spouse.\nSubsection (6) applies if the commissioner is satisfied, when deciding an application for a first home owner grant, an applicant for the grant—\nis living apart from the person who, under this section, would otherwise be the applicant’s de facto partner; and\nthey intend to again live together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA .\nThe person must be regarded as the applicant’s spouse.\nThis section applies despite the Acts Interpretation Act 1954 , section 32DA (6) .\ns 9 amd 2002 No. 17 s 13 ; 2002 No. 74 s 90 sch ; 2011 No. 46 s 56 ; 2012 No 12 s 59 sch pts 2 – 3 ; 2015 No. 33 s 52 sch pts 2 – 3\n(sec.9-ssec.1) Subject to subsections (2) to (6) , a spouse is a person who is— married; or a de facto partner; or See the Acts Interpretation Act 1954 , section 32DA . a civil partner.\n(sec.9-ssec.2) A person is a de facto partner of another person only if they are living together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA , and, for at least 2 years, have so lived together as a couple.\n(sec.9-ssec.3) Subsection (4) applies if the commissioner is satisfied, when deciding an application for a first home owner grant, that— an applicant for the grant— is married but is living apart from the person to whom the applicant is married; or is in a registered relationship but is living apart from the person with whom the applicant is in a civil partnership; and the applicant and the person mentioned in paragraph (a) (i) or (ii) have no intention of again living together as a couple.\n(sec.9-ssec.4) The person to whom the applicant is married, or with whom the applicant is in a civil partnership, must not be regarded as the applicant’s spouse.\n(sec.9-ssec.5) Subsection (6) applies if the commissioner is satisfied, when deciding an application for a first home owner grant, an applicant for the grant— is living apart from the person who, under this section, would otherwise be the applicant’s de facto partner; and they intend to again live together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA .\n(sec.9-ssec.6) The person must be regarded as the applicant’s spouse.\n(sec.9-ssec.7) This section applies despite the Acts Interpretation Act 1954 , section 32DA (6) .\n- (a) married; or\n- (b) a de facto partner; or Note— See the Acts Interpretation Act 1954 , section 32DA .\n- (c) a civil partner.\n- (a) an applicant for the grant— (i) is married but is living apart from the person to whom the applicant is married; or (ii) is in a registered relationship but is living apart from the person with whom the applicant is in a civil partnership; and\n- (i) is married but is living apart from the person to whom the applicant is married; or\n- (ii) is in a registered relationship but is living apart from the person with whom the applicant is in a civil partnership; and\n- (b) the applicant and the person mentioned in paragraph (a) (i) or (ii) have no intention of again living together as a couple.\n- (i) is married but is living apart from the person to whom the applicant is married; or\n- (ii) is in a registered relationship but is living apart from the person with whom the applicant is in a civil partnership; and\n- (a) is living apart from the person who, under this section, would otherwise be the applicant’s de facto partner; and\n- (b) they intend to again live together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA .","sortOrder":14},{"sectionNumber":"pt.3","sectionType":"part","heading":"First home owner grants","content":"# First home owner grants","sortOrder":15},{"sectionNumber":"pt.3-div.1A","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":16},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Application of part","content":"### sec.9A Application of part\n\nThis part applies in relation to first home owner grants.\ns 9A ins 2020 No. 30 s 4I","sortOrder":17},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Entitlement to grant","content":"## Entitlement to grant","sortOrder":18},{"sectionNumber":"sec.10","sectionType":"section","heading":"When grant is payable","content":"### sec.10 When grant is payable\n\nA first home owner grant is payable on an application under this Act if—\nthe applicant or, if there are 2 or more of them, each of the applicants complies with the eligibility criteria; and\nthe transaction for which the grant is sought—\nis an eligible transaction; and\nhas been completed.\nFor authorisation of payment of the grant before the completion of the eligible transaction, see section 19 (2) .\nDespite subsection (1) (a) , an applicant need not comply with the eligibility criteria to the extent the applicant is exempted from compliance under this Act.\nOnly 1 first home owner grant is payable for the same eligible transaction.\n(sec.10-ssec.1) A first home owner grant is payable on an application under this Act if— the applicant or, if there are 2 or more of them, each of the applicants complies with the eligibility criteria; and the transaction for which the grant is sought— is an eligible transaction; and has been completed. For authorisation of payment of the grant before the completion of the eligible transaction, see section 19 (2) .\n(sec.10-ssec.2) Despite subsection (1) (a) , an applicant need not comply with the eligibility criteria to the extent the applicant is exempted from compliance under this Act.\n(sec.10-ssec.3) Only 1 first home owner grant is payable for the same eligible transaction.\n- (a) the applicant or, if there are 2 or more of them, each of the applicants complies with the eligibility criteria; and\n- (b) the transaction for which the grant is sought— (i) is an eligible transaction; and (ii) has been completed. Note— For authorisation of payment of the grant before the completion of the eligible transaction, see section 19 (2) .\n- (i) is an eligible transaction; and\n- (ii) has been completed.\n- (i) is an eligible transaction; and\n- (ii) has been completed.","sortOrder":19},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Eligibility criteria—applicants","content":"## Eligibility criteria—applicants","sortOrder":20},{"sectionNumber":"sec.11","sectionType":"section","heading":"Criterion 1—Applicant to be a natural person and at least 18 years of age","content":"### sec.11 Criterion 1—Applicant to be a natural person and at least 18 years of age\n\nAn applicant for a first home owner grant must be—\na natural person; and\nat least 18 years of age at the commencement date for the eligible transaction.\nThe commissioner may exempt an applicant from the requirement in subsection (1) (b) if the commissioner is satisfied—\nthe applicant will comply with criterion 5 as applying to the applicant under section 15 ; and\nthe application does not form part of a scheme to circumvent limitations on, or requirements affecting, eligibility for or entitlement to a first home owner grant.\ns 11 sub 2003 No. 90 s 4\n(sec.11-ssec.1) An applicant for a first home owner grant must be— a natural person; and at least 18 years of age at the commencement date for the eligible transaction.\n(sec.11-ssec.2) The commissioner may exempt an applicant from the requirement in subsection (1) (b) if the commissioner is satisfied— the applicant will comply with criterion 5 as applying to the applicant under section 15 ; and the application does not form part of a scheme to circumvent limitations on, or requirements affecting, eligibility for or entitlement to a first home owner grant.\n- (a) a natural person; and\n- (b) at least 18 years of age at the commencement date for the eligible transaction.\n- (a) the applicant will comply with criterion 5 as applying to the applicant under section 15 ; and\n- (b) the application does not form part of a scheme to circumvent limitations on, or requirements affecting, eligibility for or entitlement to a first home owner grant.","sortOrder":21},{"sectionNumber":"sec.12","sectionType":"section","heading":"Criterion 2—Applicant to be Australian citizen or permanent resident","content":"### sec.12 Criterion 2—Applicant to be Australian citizen or permanent resident\n\nSubject to subsection (2) , an applicant for a first home owner grant must be an Australian citizen or a permanent resident.\nIf an application is made by joint applicants and 1 of the applicants is an Australian citizen or a permanent resident, it is not necessary for the other or others to be Australian citizens or permanent residents.\n(sec.12-ssec.1) Subject to subsection (2) , an applicant for a first home owner grant must be an Australian citizen or a permanent resident.\n(sec.12-ssec.2) If an application is made by joint applicants and 1 of the applicants is an Australian citizen or a permanent resident, it is not necessary for the other or others to be Australian citizens or permanent residents.","sortOrder":22},{"sectionNumber":"sec.13","sectionType":"section","heading":"Criterion 3—Applicant or applicant’s spouse must not have received an earlier grant","content":"### sec.13 Criterion 3—Applicant or applicant’s spouse must not have received an earlier grant\n\nAn applicant is ineligible if—\nthe applicant or the applicant’s spouse has been a party to an earlier application under this Act or a corresponding law; and\na grant was paid on the application.\nHowever, an applicant is not ineligible if—\nthe grant was later paid back; and\nthe basis for the repayment of the grant was a failure to satisfy section 10 (1) ; and\nany penalty amount payable under section 47 was also paid in relation to the earlier application.\ns 13 amd 2003 No. 90 s 5\n(sec.13-ssec.1) An applicant is ineligible if— the applicant or the applicant’s spouse has been a party to an earlier application under this Act or a corresponding law; and a grant was paid on the application.\n(sec.13-ssec.2) However, an applicant is not ineligible if— the grant was later paid back; and the basis for the repayment of the grant was a failure to satisfy section 10 (1) ; and any penalty amount payable under section 47 was also paid in relation to the earlier application.\n- (a) the applicant or the applicant’s spouse has been a party to an earlier application under this Act or a corresponding law; and\n- (b) a grant was paid on the application.\n- (a) the grant was later paid back; and\n- (b) the basis for the repayment of the grant was a failure to satisfy section 10 (1) ; and\n- (c) any penalty amount payable under section 47 was also paid in relation to the earlier application.","sortOrder":23},{"sectionNumber":"sec.14","sectionType":"section","heading":"Criterion 4—Applicant or applicant’s spouse must not have had relevant interest in residential property","content":"### sec.14 Criterion 4—Applicant or applicant’s spouse must not have had relevant interest in residential property\n\nAn applicant is ineligible if the applicant or applicant’s spouse has, before 1 July 2000, held—\na relevant interest in residential property in Queensland; or\nan interest in residential property in another State that is a relevant interest under a corresponding law of that State.\nHowever, the applicant is not ineligible if—\nthe relevant interest is an interest as purchaser of an estate in fee simple in land under a contract mentioned in section 8 (1) (f) ; and\nthe contract was terminated within 1 year after the contract was entered into; and\nthe applicant or applicant’s spouse did not acquire an estate in fee simple in the land.\nFor subsection (1) , in deciding whether an applicant held a relevant interest, under this Act or a corresponding law, in residential property at a particular time, any deferment of the applicant’s right of occupation, because the property was subject to a lease, must be disregarded.\nAn applicant is ineligible if the applicant or the applicant’s spouse has, on or after 1 July 2000 and before the date on which the application is made, held an interest in property (other than the property to which the application relates) used at any time on or after 1 July 2000 as the residence of the applicant or the applicant’s spouse, being—\na relevant interest in residential property in Queensland; or\nan interest in residential property in another State that is a relevant interest under the corresponding law of that State.\nHowever, for subsection (4) , the applicant or the applicant’s spouse is taken not to have used the property as the residence of the applicant or the applicant’s spouse if—\nthe property was the subject of an earlier application under this Act by the applicant; and\na first home owner grant was paid under the earlier application; and\nbecause of a failure to satisfy criterion 5 as applying to the applicant under section 15 in relation to the earlier application, the applicant repaid the grant.\ns 14 amd 2003 No. 90 s 6\n(sec.14-ssec.1) An applicant is ineligible if the applicant or applicant’s spouse has, before 1 July 2000, held— a relevant interest in residential property in Queensland; or an interest in residential property in another State that is a relevant interest under a corresponding law of that State.\n(sec.14-ssec.2) However, the applicant is not ineligible if— the relevant interest is an interest as purchaser of an estate in fee simple in land under a contract mentioned in section 8 (1) (f) ; and the contract was terminated within 1 year after the contract was entered into; and the applicant or applicant’s spouse did not acquire an estate in fee simple in the land.\n(sec.14-ssec.3) For subsection (1) , in deciding whether an applicant held a relevant interest, under this Act or a corresponding law, in residential property at a particular time, any deferment of the applicant’s right of occupation, because the property was subject to a lease, must be disregarded.\n(sec.14-ssec.4) An applicant is ineligible if the applicant or the applicant’s spouse has, on or after 1 July 2000 and before the date on which the application is made, held an interest in property (other than the property to which the application relates) used at any time on or after 1 July 2000 as the residence of the applicant or the applicant’s spouse, being— a relevant interest in residential property in Queensland; or an interest in residential property in another State that is a relevant interest under the corresponding law of that State.\n(sec.14-ssec.5) However, for subsection (4) , the applicant or the applicant’s spouse is taken not to have used the property as the residence of the applicant or the applicant’s spouse if— the property was the subject of an earlier application under this Act by the applicant; and a first home owner grant was paid under the earlier application; and because of a failure to satisfy criterion 5 as applying to the applicant under section 15 in relation to the earlier application, the applicant repaid the grant.\n- (a) a relevant interest in residential property in Queensland; or\n- (b) an interest in residential property in another State that is a relevant interest under a corresponding law of that State.\n- (a) the relevant interest is an interest as purchaser of an estate in fee simple in land under a contract mentioned in section 8 (1) (f) ; and\n- (b) the contract was terminated within 1 year after the contract was entered into; and\n- (c) the applicant or applicant’s spouse did not acquire an estate in fee simple in the land.\n- (a) a relevant interest in residential property in Queensland; or\n- (b) an interest in residential property in another State that is a relevant interest under the corresponding law of that State.\n- (a) the property was the subject of an earlier application under this Act by the applicant; and\n- (b) a first home owner grant was paid under the earlier application; and\n- (c) because of a failure to satisfy criterion 5 as applying to the applicant under section 15 in relation to the earlier application, the applicant repaid the grant.","sortOrder":24},{"sectionNumber":"sec.15","sectionType":"section","heading":"Criterion 5—Residence requirements","content":"### sec.15 Criterion 5—Residence requirements\n\nAn applicant for a first home owner grant must occupy the home to which the application relates as the applicant’s principal place of residence for a continuous period of at least 6 months.\nHowever, if the commissioner is satisfied there are good reasons to do so, the commissioner may—\napprove a shorter period; or\nexempt the applicant from the requirement to comply with subsection (1) .\nThe period of occupation required under subsection (1) , or the shorter period approved under subsection (2) (a) , must start within 1 year after completion of the eligible transaction or a longer period approved by the commissioner.\nThe commissioner may exempt an applicant from the residence requirement under subsection (3) if—\nthe applicant is 1 of 2 or more joint applicants for a first home owner grant; and\nat least 1 of the applicants complies with the residence requirement; and\nthe commissioner is satisfied there are good reasons to exempt the applicant from the residence requirement.\nThe commissioner may give an approval or exemption under subsection (2) , (3) or (4) at any time, even if the period to which the approval or exemption relates has ended.\ns 15 amd 2003 No. 90 s 7 ; 2015 No. 4 s 60\n(sec.15-ssec.1) An applicant for a first home owner grant must occupy the home to which the application relates as the applicant’s principal place of residence for a continuous period of at least 6 months.\n(sec.15-ssec.2) However, if the commissioner is satisfied there are good reasons to do so, the commissioner may— approve a shorter period; or exempt the applicant from the requirement to comply with subsection (1) .\n(sec.15-ssec.3) The period of occupation required under subsection (1) , or the shorter period approved under subsection (2) (a) , must start within 1 year after completion of the eligible transaction or a longer period approved by the commissioner.\n(sec.15-ssec.4) The commissioner may exempt an applicant from the residence requirement under subsection (3) if— the applicant is 1 of 2 or more joint applicants for a first home owner grant; and at least 1 of the applicants complies with the residence requirement; and the commissioner is satisfied there are good reasons to exempt the applicant from the residence requirement.\n(sec.15-ssec.5) The commissioner may give an approval or exemption under subsection (2) , (3) or (4) at any time, even if the period to which the approval or exemption relates has ended.\n- (a) approve a shorter period; or\n- (b) exempt the applicant from the requirement to comply with subsection (1) .\n- (a) the applicant is 1 of 2 or more joint applicants for a first home owner grant; and\n- (b) at least 1 of the applicants complies with the residence requirement; and\n- (c) the commissioner is satisfied there are good reasons to exempt the applicant from the residence requirement.","sortOrder":25},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Application for grant","content":"## Application for grant","sortOrder":26},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application for grant","content":"### sec.16 Application for grant\n\nAn application for a first home owner grant must be made to the commissioner or an agent of the commissioner.\nThe application must be—\nin the approved form; and\nsupported by the information required by the commissioner.\nThe application may only be made within a period (the application period )—\nstarting on the commencement date of the eligible transaction to which the application relates; and\nending 1 year after the completion of the eligible transaction to which the application relates.\nHowever, the commissioner may allow an application to be made before or after the application period.\n(sec.16-ssec.1) An application for a first home owner grant must be made to the commissioner or an agent of the commissioner.\n(sec.16-ssec.2) The application must be— in the approved form; and supported by the information required by the commissioner.\n(sec.16-ssec.3) The application may only be made within a period (the application period )— starting on the commencement date of the eligible transaction to which the application relates; and ending 1 year after the completion of the eligible transaction to which the application relates.\n(sec.16-ssec.4) However, the commissioner may allow an application to be made before or after the application period.\n- (a) in the approved form; and\n- (b) supported by the information required by the commissioner.\n- (a) starting on the commencement date of the eligible transaction to which the application relates; and\n- (b) ending 1 year after the completion of the eligible transaction to which the application relates.","sortOrder":27},{"sectionNumber":"sec.17","sectionType":"section","heading":"All interested persons to join in application","content":"### sec.17 All interested persons to join in application\n\nAll interested persons must be applicants.\nFor subsection (1) , an interested person is a person who is, or will be, on completion of the eligible transaction to which the application relates, an owner of the relevant home, other than a person prescribed under a regulation.\n(sec.17-ssec.1) All interested persons must be applicants.\n(sec.17-ssec.2) For subsection (1) , an interested person is a person who is, or will be, on completion of the eligible transaction to which the application relates, an owner of the relevant home, other than a person prescribed under a regulation.","sortOrder":28},{"sectionNumber":"sec.18","sectionType":"section","heading":"Application on behalf of person under legal disability","content":"### sec.18 Application on behalf of person under legal disability\n\nAn application may be made on behalf of a person under a legal disability by a guardian.\nFor deciding eligibility, the person under the legal disability must be regarded as the applicant.\n(sec.18-ssec.1) An application may be made on behalf of a person under a legal disability by a guardian.\n(sec.18-ssec.2) For deciding eligibility, the person under the legal disability must be regarded as the applicant.","sortOrder":29},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Decision on application","content":"## Decision on application","sortOrder":30},{"sectionNumber":"sec.19","sectionType":"section","heading":"Commissioner to decide applications","content":"### sec.19 Commissioner to decide applications\n\nIf the commissioner is satisfied a first home owner grant is payable on an application, the commissioner must authorise the payment of the grant.\nThe commissioner may authorise the payment of the grant before the completion of the eligible transaction if the commissioner is satisfied it is appropriate in particular circumstances.\n(sec.19-ssec.1) If the commissioner is satisfied a first home owner grant is payable on an application, the commissioner must authorise the payment of the grant.\n(sec.19-ssec.2) The commissioner may authorise the payment of the grant before the completion of the eligible transaction if the commissioner is satisfied it is appropriate in particular circumstances.","sortOrder":31},{"sectionNumber":"sec.20","sectionType":"section","heading":"Amount of grant","content":"### sec.20 Amount of grant\n\nThe amount of a first home owner grant is the lesser of the following—\nthe consideration for the eligible transaction;\neither—\nfor a new home eligible transaction—$15,000; or\nfor another eligible transaction—$7000.\nIn this section—\nnew home eligible transaction means an eligible transaction mentioned in section 5 (1) .\ns 20 amd 2012 No. 25 s 11 (retro); 2012 No. 25 s 16\n(sec.20-ssec.1) The amount of a first home owner grant is the lesser of the following— the consideration for the eligible transaction; either— for a new home eligible transaction—$15,000; or for another eligible transaction—$7000.\n(sec.20-ssec.2) In this section— new home eligible transaction means an eligible transaction mentioned in section 5 (1) .\n- (a) the consideration for the eligible transaction;\n- (b) either— (i) for a new home eligible transaction—$15,000; or (ii) for another eligible transaction—$7000.\n- (i) for a new home eligible transaction—$15,000; or\n- (ii) for another eligible transaction—$7000.\n- (i) for a new home eligible transaction—$15,000; or\n- (ii) for another eligible transaction—$7000.","sortOrder":32},{"sectionNumber":"sec.21","sectionType":"section","heading":"Payment of grant","content":"### sec.21 Payment of grant\n\nA first home owner grant must be paid by electronic funds transfer, cheque or in any other way the commissioner considers appropriate.\nA first home owner grant must be paid to—\nthe applicant; or\nsomeone else to whom the applicant directs in writing the grant be paid.\nIf the applicant requests, the commissioner may apply the amount of a first home owner grant, or part of the amount, towards a liability for State taxes, fees or charges.\n(sec.21-ssec.1) A first home owner grant must be paid by electronic funds transfer, cheque or in any other way the commissioner considers appropriate.\n(sec.21-ssec.2) A first home owner grant must be paid to— the applicant; or someone else to whom the applicant directs in writing the grant be paid.\n(sec.21-ssec.3) If the applicant requests, the commissioner may apply the amount of a first home owner grant, or part of the amount, towards a liability for State taxes, fees or charges.\n- (a) the applicant; or\n- (b) someone else to whom the applicant directs in writing the grant be paid.","sortOrder":33},{"sectionNumber":"sec.22","sectionType":"section","heading":"Payment in anticipation of compliance with residence requirements","content":"### sec.22 Payment in anticipation of compliance with residence requirements\n\nThe commissioner may authorise payment of a first home owner grant in anticipation of compliance with the residence requirements if the commissioner is satisfied each applicant intends to comply with the residence requirements.\nIf a first home owner grant is paid in anticipation of compliance with the residence requirements, the payment is made on condition that, if the residence requirements are not complied with, the applicants must within 14 days after the relevant date—\ngive written notice of that fact to the commissioner; and\nrepay the amount of the grant.\nFor subsection (2) , the relevant date is the earlier of the following—\nthe end of the period allowed for compliance with the residence requirements;\nthe date on which it first becomes apparent that the residence requirements will not be complied with during the period allowed for compliance.\nFor a joint application, each applicant is individually liable to comply with the requirements under subsection (2) (a) and (b) but compliance by any 1 or more of them must be regarded as compliance by both or all.\nA person must not, without reasonable excuse, fail to comply with a condition mentioned in subsection (2) .\nMaximum penalty—40 penalty units.\ns 22 amd 2003 No. 90 s 8\n(sec.22-ssec.1) The commissioner may authorise payment of a first home owner grant in anticipation of compliance with the residence requirements if the commissioner is satisfied each applicant intends to comply with the residence requirements.\n(sec.22-ssec.2) If a first home owner grant is paid in anticipation of compliance with the residence requirements, the payment is made on condition that, if the residence requirements are not complied with, the applicants must within 14 days after the relevant date— give written notice of that fact to the commissioner; and repay the amount of the grant.\n(sec.22-ssec.3) For subsection (2) , the relevant date is the earlier of the following— the end of the period allowed for compliance with the residence requirements; the date on which it first becomes apparent that the residence requirements will not be complied with during the period allowed for compliance.\n(sec.22-ssec.4) For a joint application, each applicant is individually liable to comply with the requirements under subsection (2) (a) and (b) but compliance by any 1 or more of them must be regarded as compliance by both or all.\n(sec.22-ssec.5) A person must not, without reasonable excuse, fail to comply with a condition mentioned in subsection (2) . Maximum penalty—40 penalty units.\n- (a) give written notice of that fact to the commissioner; and\n- (b) repay the amount of the grant.\n- (a) the end of the period allowed for compliance with the residence requirements;\n- (b) the date on which it first becomes apparent that the residence requirements will not be complied with during the period allowed for compliance.","sortOrder":34},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Repayment of grant after completion of particular transactions","content":"### sec.22A Repayment of grant after completion of particular transactions\n\nThis section applies if—\na first home owner grant is paid before the completion of a relevant transaction; and\non completion of the transaction—\nthe unencumbered value of a new home or other home the subject of the transaction results in the transaction not being an eligible transaction under section 5 (7) ; or\nthe consideration for the transaction results in the transaction not being an eligible transaction under section 5 (8) or (9) .\nThe applicant for the grant must within 28 days after completion of the transaction—\ngive written notice to the commissioner that the transaction is not an eligible transaction; and\nrepay the amount of the grant.\nMaximum penalty—40 penalty units.\nFor a joint application, each applicant is individually liable to comply with the requirements under subsection (2) (a) and (b) , but compliance by any one or more of them must be regarded as compliance by both or all.\nIn this section—\nrelevant transaction means—\na contract mentioned in section 5 (1) (b) or (2) (b) to have a new home or other home built on land; or\na transaction mentioned in section 5 (1) (c) or (2) (c) ; or\na contract mentioned in section 5 (3) (b) .\ns 22A ins 2008 No. 75 s 48\namd 2012 No. 25 s 17\n(sec.22A-ssec.1) This section applies if— a first home owner grant is paid before the completion of a relevant transaction; and on completion of the transaction— the unencumbered value of a new home or other home the subject of the transaction results in the transaction not being an eligible transaction under section 5 (7) ; or the consideration for the transaction results in the transaction not being an eligible transaction under section 5 (8) or (9) .\n(sec.22A-ssec.2) The applicant for the grant must within 28 days after completion of the transaction— give written notice to the commissioner that the transaction is not an eligible transaction; and repay the amount of the grant. Maximum penalty—40 penalty units.\n(sec.22A-ssec.3) For a joint application, each applicant is individually liable to comply with the requirements under subsection (2) (a) and (b) , but compliance by any one or more of them must be regarded as compliance by both or all.\n(sec.22A-ssec.4) In this section— relevant transaction means— a contract mentioned in section 5 (1) (b) or (2) (b) to have a new home or other home built on land; or a transaction mentioned in section 5 (1) (c) or (2) (c) ; or a contract mentioned in section 5 (3) (b) .\n- (a) a first home owner grant is paid before the completion of a relevant transaction; and\n- (b) on completion of the transaction— (i) the unencumbered value of a new home or other home the subject of the transaction results in the transaction not being an eligible transaction under section 5 (7) ; or (ii) the consideration for the transaction results in the transaction not being an eligible transaction under section 5 (8) or (9) .\n- (i) the unencumbered value of a new home or other home the subject of the transaction results in the transaction not being an eligible transaction under section 5 (7) ; or\n- (ii) the consideration for the transaction results in the transaction not being an eligible transaction under section 5 (8) or (9) .\n- (i) the unencumbered value of a new home or other home the subject of the transaction results in the transaction not being an eligible transaction under section 5 (7) ; or\n- (ii) the consideration for the transaction results in the transaction not being an eligible transaction under section 5 (8) or (9) .\n- (a) give written notice to the commissioner that the transaction is not an eligible transaction; and\n- (b) repay the amount of the grant.\n- (a) a contract mentioned in section 5 (1) (b) or (2) (b) to have a new home or other home built on land; or\n- (b) a transaction mentioned in section 5 (1) (c) or (2) (c) ; or\n- (c) a contract mentioned in section 5 (3) (b) .","sortOrder":35},{"sectionNumber":"sec.23","sectionType":"section","heading":"Conditions generally","content":"### sec.23 Conditions generally\n\nThe commissioner may authorise the payment of a first home owner grant on the reasonable conditions the commissioner considers appropriate.\nA condition imposed by the commissioner, under this section or another provision of this Act, may require a person on whose application the first home owner grant is paid—\nto give notice of non-compliance with the condition within a period stated in the condition; and\nto repay the grant within a period stated in the condition.\nFor a joint application, each applicant is individually liable to comply with a requirement under subsection (2) but compliance by any 1 or more of them must be regarded as compliance by both or all.\nA person must not, without reasonable excuse, fail to comply with a condition imposed by the commissioner, under this section or another provision of this Act.\nMaximum penalty—40 penalty units.\n(sec.23-ssec.1) The commissioner may authorise the payment of a first home owner grant on the reasonable conditions the commissioner considers appropriate.\n(sec.23-ssec.2) A condition imposed by the commissioner, under this section or another provision of this Act, may require a person on whose application the first home owner grant is paid— to give notice of non-compliance with the condition within a period stated in the condition; and to repay the grant within a period stated in the condition.\n(sec.23-ssec.3) For a joint application, each applicant is individually liable to comply with a requirement under subsection (2) but compliance by any 1 or more of them must be regarded as compliance by both or all.\n(sec.23-ssec.4) A person must not, without reasonable excuse, fail to comply with a condition imposed by the commissioner, under this section or another provision of this Act. Maximum penalty—40 penalty units.\n- (a) to give notice of non-compliance with the condition within a period stated in the condition; and\n- (b) to repay the grant within a period stated in the condition.","sortOrder":36},{"sectionNumber":"sec.24","sectionType":"section","heading":"Death of applicant","content":"### sec.24 Death of applicant\n\nAn application for a first home owner grant does not lapse because an applicant dies before the application is decided.\nIf an applicant dies before the application is decided, the following provisions apply—\nif the deceased was 1 of 2 or more applicants and 1 or more applicants survive—the application must be dealt with as if the surviving applicants were the sole applicants;\nif paragraph (a) does not apply—a first home owner grant, if payable on the application, must be paid to the deceased’s personal representative.\nSubsection (4) applies if—\na deceased applicant for a first home owner grant had not, when the applicant died, complied with criterion 5, as applying to the applicant under section 15 immediately before the applicant’s death; and\nthe commissioner is satisfied the applicant intended to comply with the criterion.\nThe deceased applicant is taken to have complied with criterion 5.\ns 24 amd 2003 No. 90 s 9\n(sec.24-ssec.1) An application for a first home owner grant does not lapse because an applicant dies before the application is decided.\n(sec.24-ssec.2) If an applicant dies before the application is decided, the following provisions apply— if the deceased was 1 of 2 or more applicants and 1 or more applicants survive—the application must be dealt with as if the surviving applicants were the sole applicants; if paragraph (a) does not apply—a first home owner grant, if payable on the application, must be paid to the deceased’s personal representative.\n(sec.24-ssec.3) Subsection (4) applies if— a deceased applicant for a first home owner grant had not, when the applicant died, complied with criterion 5, as applying to the applicant under section 15 immediately before the applicant’s death; and the commissioner is satisfied the applicant intended to comply with the criterion.\n(sec.24-ssec.4) The deceased applicant is taken to have complied with criterion 5.\n- (a) if the deceased was 1 of 2 or more applicants and 1 or more applicants survive—the application must be dealt with as if the surviving applicants were the sole applicants;\n- (b) if paragraph (a) does not apply—a first home owner grant, if payable on the application, must be paid to the deceased’s personal representative.\n- (a) a deceased applicant for a first home owner grant had not, when the applicant died, complied with criterion 5, as applying to the applicant under section 15 immediately before the applicant’s death; and\n- (b) the commissioner is satisfied the applicant intended to comply with the criterion.","sortOrder":37},{"sectionNumber":"sec.25","sectionType":"section","heading":"Notice of decision","content":"### sec.25 Notice of decision\n\nIf the commissioner decides an application, or decides to vary or reverse an earlier decision on an application, the commissioner must give the applicant written notice of the decision.\nIf the decision authorises the payment of a first home owner grant without conditions, payment of the grant is sufficient notice of the decision.\nIf the decision is to refuse an application, or to vary or reverse an earlier decision on an application, the notice must state the following—\nthe reasons for the decision;\nthe person may, within 60 days after receiving the notice, object to the decision;\nhow to object.\nSee part 5 .\n(sec.25-ssec.1) If the commissioner decides an application, or decides to vary or reverse an earlier decision on an application, the commissioner must give the applicant written notice of the decision.\n(sec.25-ssec.2) If the decision authorises the payment of a first home owner grant without conditions, payment of the grant is sufficient notice of the decision.\n(sec.25-ssec.3) If the decision is to refuse an application, or to vary or reverse an earlier decision on an application, the notice must state the following— the reasons for the decision; the person may, within 60 days after receiving the notice, object to the decision; how to object. See part 5 .\n- (a) the reasons for the decision;\n- (b) the person may, within 60 days after receiving the notice, object to the decision;\n- (c) how to object. Note— See part 5 .","sortOrder":38},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Special and regional eligible transactions","content":"## Special and regional eligible transactions","sortOrder":39},{"sectionNumber":"sec.25AA","sectionType":"section","heading":"Definitions for div 5","content":"### sec.25AA Definitions for div 5\n\nIn this division—\nperiod 1 transaction means an eligible transaction the commencement date for which is between 14 October 2008 and 30 June 2009, both dates inclusive.\nperiod 2 transaction means an eligible transaction the commencement date for which is between 1 July 2009 and 30 September 2009, both dates inclusive.\nperiod 3 transaction means an eligible transaction the commencement date for which is between 1 October 2009 and 31 December 2009, both dates inclusive.\ns 25AA ins 2009 No. 22 s 35","sortOrder":40},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Meaning of new home for div 5","content":"### sec.25A Meaning of new home for div 5\n\ns 25A ins 2001 No. 21 s 4 (retro)\nexp 31 December 2001 (see s 25D)\nrevived as from 9 October 2001 ( 2002 No. 17 s 17 (retro))\nsub 2008 No. 75 s 49 (retro)\nom 2012 No. 25 s 12 (retro)","sortOrder":41},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Meaning of special eligible transaction for div 5","content":"### sec.25B Meaning of special eligible transaction for div 5\n\nA special eligible transaction is an eligible transaction the commencement date for which is between 14 October 2008 and 31 December 2009, both dates inclusive, that is—\na contract for the purchase of a home; or\na comprehensive home building contract for a new home if—\nthe building work starts within the prescribed start period or within the longer period the commissioner allows in particular circumstances; and\nthe contract states the building work must be completed within the prescribed building period or, if the contract does not state a completion date for the building work, it is completed—\nwithin the prescribed building period; or\nwithin the longer period the commissioner allows in particular circumstances; or\nthe building of a new home by an owner builder if the eligible transaction is completed within the prescribed building period or within the longer period the commissioner allows in particular circumstances.\nHowever, an eligible transaction mentioned in subsection (1) (a) that is a contract to purchase a new home on a proposed lot on an unregistered plan of subdivision of land is a special eligible transaction only if the contract states the building work must be completed before the prescribed completion date or, if the contract does not state a completion date for the building work, it is completed before the prescribed completion date.\nAlso, an eligible transaction that is a contract is not a special eligible transaction if the commissioner is satisfied the contract forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant for a special eligible transaction.\nUnless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (3) if the contract replaces a contract made before 14 October 2008 that is—\na contract to purchase the same or substantially similar home; or\na comprehensive home building contract to build the same or a substantially similar home.\nFor this section, building work—\nstarts when laying the foundations for the home starts; and\nis completed when the building is ready for occupation as a home and any completion requirements prescribed under a regulation are complied with.\nIn this section—\nprescribed building period , for building work, means the period starting on the date the work is started and ending 18 months after it is started.\nprescribed completion date —\nfor a period 1 transaction—31 December 2010; or\nfor a period 2 transaction—31 March 2011; or\nfor a period 3 transaction—30 June 2011.\nprescribed start period , for building work, means the period starting on the commencement date and ending 26 weeks after that date.\ns 25B ins 2001 No. 21 s 4 (retro)\nexp 31 December 2001 (see s 25D)\nrevived as from 9 October 2001 ( 2002 No. 17 s 17 (retro))\namd 2002 No. 17 ss 14 – 15 (retro)\nsub 2008 No. 75 s 49 (retro)\namd 2009 No. 22 s 36\n(sec.25B-ssec.1) A special eligible transaction is an eligible transaction the commencement date for which is between 14 October 2008 and 31 December 2009, both dates inclusive, that is— a contract for the purchase of a home; or a comprehensive home building contract for a new home if— the building work starts within the prescribed start period or within the longer period the commissioner allows in particular circumstances; and the contract states the building work must be completed within the prescribed building period or, if the contract does not state a completion date for the building work, it is completed— within the prescribed building period; or within the longer period the commissioner allows in particular circumstances; or the building of a new home by an owner builder if the eligible transaction is completed within the prescribed building period or within the longer period the commissioner allows in particular circumstances.\n(sec.25B-ssec.2) However, an eligible transaction mentioned in subsection (1) (a) that is a contract to purchase a new home on a proposed lot on an unregistered plan of subdivision of land is a special eligible transaction only if the contract states the building work must be completed before the prescribed completion date or, if the contract does not state a completion date for the building work, it is completed before the prescribed completion date.\n(sec.25B-ssec.3) Also, an eligible transaction that is a contract is not a special eligible transaction if the commissioner is satisfied the contract forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant for a special eligible transaction.\n(sec.25B-ssec.4) Unless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (3) if the contract replaces a contract made before 14 October 2008 that is— a contract to purchase the same or substantially similar home; or a comprehensive home building contract to build the same or a substantially similar home.\n(sec.25B-ssec.5) For this section, building work— starts when laying the foundations for the home starts; and is completed when the building is ready for occupation as a home and any completion requirements prescribed under a regulation are complied with.\n(sec.25B-ssec.6) In this section— prescribed building period , for building work, means the period starting on the date the work is started and ending 18 months after it is started. prescribed completion date — for a period 1 transaction—31 December 2010; or for a period 2 transaction—31 March 2011; or for a period 3 transaction—30 June 2011. prescribed start period , for building work, means the period starting on the commencement date and ending 26 weeks after that date.\n- (a) a contract for the purchase of a home; or\n- (b) a comprehensive home building contract for a new home if— (i) the building work starts within the prescribed start period or within the longer period the commissioner allows in particular circumstances; and (ii) the contract states the building work must be completed within the prescribed building period or, if the contract does not state a completion date for the building work, it is completed— (A) within the prescribed building period; or (B) within the longer period the commissioner allows in particular circumstances; or\n- (i) the building work starts within the prescribed start period or within the longer period the commissioner allows in particular circumstances; and\n- (ii) the contract states the building work must be completed within the prescribed building period or, if the contract does not state a completion date for the building work, it is completed— (A) within the prescribed building period; or (B) within the longer period the commissioner allows in particular circumstances; or\n- (A) within the prescribed building period; or\n- (B) within the longer period the commissioner allows in particular circumstances; or\n- (c) the building of a new home by an owner builder if the eligible transaction is completed within the prescribed building period or within the longer period the commissioner allows in particular circumstances.\n- (i) the building work starts within the prescribed start period or within the longer period the commissioner allows in particular circumstances; and\n- (ii) the contract states the building work must be completed within the prescribed building period or, if the contract does not state a completion date for the building work, it is completed— (A) within the prescribed building period; or (B) within the longer period the commissioner allows in particular circumstances; or\n- (A) within the prescribed building period; or\n- (B) within the longer period the commissioner allows in particular circumstances; or\n- (A) within the prescribed building period; or\n- (B) within the longer period the commissioner allows in particular circumstances; or\n- (a) a contract to purchase the same or substantially similar home; or\n- (b) a comprehensive home building contract to build the same or a substantially similar home.\n- (a) starts when laying the foundations for the home starts; and\n- (b) is completed when the building is ready for occupation as a home and any completion requirements prescribed under a regulation are complied with.\n- (a) for a period 1 transaction—31 December 2010; or\n- (b) for a period 2 transaction—31 March 2011; or\n- (c) for a period 3 transaction—30 June 2011.","sortOrder":42},{"sectionNumber":"sec.25BA","sectionType":"section","heading":"Meaning of regional eligible transaction for div 5","content":"### sec.25BA Meaning of regional eligible transaction for div 5\n\nA regional eligible transaction is an eligible transaction the commencement date for which is between 1 June 2010 and 30 June 2011, both dates inclusive, if—\nthe transaction is—\na contract for the purchase of a new home; or\na comprehensive home building contract for a new home; or\nthe building of a new home by an owner builder; and\non the commencement date for the transaction, the land on which the home is or will be located is wholly outside the SEQ region.\nHowever, an eligible transaction that is a contract is not a regional eligible transaction if the commissioner is satisfied the contract forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant for a regional eligible transaction.\nUnless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (2) if the contract replaces a contract made before 1 June 2010, and the contract is—\nto purchase the same or a substantially similar home; or\na comprehensive home building contract to build the same or a substantially similar home.\nIn this section—\nSEQ region means the local government areas of the following local governments—\nBrisbane City Council\nGold Coast City Council\nIpswich City Council\nLockyer Valley Regional Council\nLogan City Council\nMoreton Bay City Council\nRedland City Council\nScenic Rim Regional Council\nSomerset Regional Council\nSunshine Coast Regional Council.\ns 25BA ins 2010 No. 25 s 5 (retro)\namd 2023 No. 30 s 119 sch 1\n(sec.25BA-ssec.1) A regional eligible transaction is an eligible transaction the commencement date for which is between 1 June 2010 and 30 June 2011, both dates inclusive, if— the transaction is— a contract for the purchase of a new home; or a comprehensive home building contract for a new home; or the building of a new home by an owner builder; and on the commencement date for the transaction, the land on which the home is or will be located is wholly outside the SEQ region.\n(sec.25BA-ssec.2) However, an eligible transaction that is a contract is not a regional eligible transaction if the commissioner is satisfied the contract forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant for a regional eligible transaction.\n(sec.25BA-ssec.3) Unless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (2) if the contract replaces a contract made before 1 June 2010, and the contract is— to purchase the same or a substantially similar home; or a comprehensive home building contract to build the same or a substantially similar home.\n(sec.25BA-ssec.4) In this section— SEQ region means the local government areas of the following local governments— Brisbane City Council Gold Coast City Council Ipswich City Council Lockyer Valley Regional Council Logan City Council Moreton Bay City Council Redland City Council Scenic Rim Regional Council Somerset Regional Council Sunshine Coast Regional Council.\n- (a) the transaction is— (i) a contract for the purchase of a new home; or (ii) a comprehensive home building contract for a new home; or (iii) the building of a new home by an owner builder; and\n- (i) a contract for the purchase of a new home; or\n- (ii) a comprehensive home building contract for a new home; or\n- (iii) the building of a new home by an owner builder; and\n- (b) on the commencement date for the transaction, the land on which the home is or will be located is wholly outside the SEQ region.\n- (i) a contract for the purchase of a new home; or\n- (ii) a comprehensive home building contract for a new home; or\n- (iii) the building of a new home by an owner builder; and\n- (a) to purchase the same or a substantially similar home; or\n- (b) a comprehensive home building contract to build the same or a substantially similar home.\n- • Brisbane City Council\n- • Gold Coast City Council\n- • Ipswich City Council\n- • Lockyer Valley Regional Council\n- • Logan City Council\n- • Moreton Bay City Council\n- • Redland City Council\n- • Scenic Rim Regional Council\n- • Somerset Regional Council\n- • Sunshine Coast Regional Council.","sortOrder":43},{"sectionNumber":"sec.25C","sectionType":"section","heading":"Amount of grant","content":"### sec.25C Amount of grant\n\nDespite section 20 , the amount of a first home owner grant for an eligible transaction that is a special eligible transaction for a new home is the lesser of the following—\nthe consideration for the transaction;\nfor—\na period 1 transaction—$21,000; or\na period 2 transaction—$21,000; or\na period 3 transaction—$14,000.\nDespite section 20 , the amount of a first home owner grant for an eligible transaction that is a special eligible transaction for a home, other than a new home, is the lesser of the following—\nthe consideration for the transaction;\nfor—\na period 1 transaction—$14,000; or\na period 2 transaction—$14,000; or\na period 3 transaction—$10,500.\nDespite section 20 , the amount of a first home owner grant for an eligible transaction that is a regional eligible transaction is the lesser of the following—\nthe consideration for the transaction; or\n$11,000.\ns 25C ins 2001 No. 21 s 4 (retro)\nexp 31 December 2001 (see s 25D)\nrevived as from 9 October 2001 ( 2002 No. 17 s 17 (retro))\namd 2002 No. 17 s 16 (retro)\nsub 2008 No. 75 s 49 (retro)\namd 2009 No. 22 s 37 ; 2010 No. 25 s 6 (retro)\n(sec.25C-ssec.1) Despite section 20 , the amount of a first home owner grant for an eligible transaction that is a special eligible transaction for a new home is the lesser of the following— the consideration for the transaction; for— a period 1 transaction—$21,000; or a period 2 transaction—$21,000; or a period 3 transaction—$14,000.\n(sec.25C-ssec.2) Despite section 20 , the amount of a first home owner grant for an eligible transaction that is a special eligible transaction for a home, other than a new home, is the lesser of the following— the consideration for the transaction; for— a period 1 transaction—$14,000; or a period 2 transaction—$14,000; or a period 3 transaction—$10,500.\n(sec.25C-ssec.3) Despite section 20 , the amount of a first home owner grant for an eligible transaction that is a regional eligible transaction is the lesser of the following— the consideration for the transaction; or $11,000.\n- (a) the consideration for the transaction;\n- (b) for— (i) a period 1 transaction—$21,000; or (ii) a period 2 transaction—$21,000; or (iii) a period 3 transaction—$14,000.\n- (i) a period 1 transaction—$21,000; or\n- (ii) a period 2 transaction—$21,000; or\n- (iii) a period 3 transaction—$14,000.\n- (i) a period 1 transaction—$21,000; or\n- (ii) a period 2 transaction—$21,000; or\n- (iii) a period 3 transaction—$14,000.\n- (a) the consideration for the transaction;\n- (b) for— (i) a period 1 transaction—$14,000; or (ii) a period 2 transaction—$14,000; or (iii) a period 3 transaction—$10,500.\n- (i) a period 1 transaction—$14,000; or\n- (ii) a period 2 transaction—$14,000; or\n- (iii) a period 3 transaction—$10,500.\n- (i) a period 1 transaction—$14,000; or\n- (ii) a period 2 transaction—$14,000; or\n- (iii) a period 3 transaction—$10,500.\n- (a) the consideration for the transaction; or\n- (b) $11,000.","sortOrder":44},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Particular eligible transactions—1 July 2016 to 30 June 2018","content":"## Particular eligible transactions—1 July 2016 to 30 June 2018","sortOrder":45},{"sectionNumber":"sec.25D","sectionType":"section","heading":"Meaning of particular eligible transaction for div 6","content":"### sec.25D Meaning of particular eligible transaction for div 6\n\nA particular eligible transaction is an eligible transaction mentioned in section 5 (1) the commencement date for which is between 1 July 2016 and 30 June 2018, both dates inclusive.\nHowever, an eligible transaction that is a contract is not a particular eligible transaction if the commissioner is satisfied the contract forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant for a particular eligible transaction.\nUnless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (2) if the contract replaces a contract made before 1 July 2016 that is—\na contract to purchase the same or substantially similar home; or\na comprehensive home building contract to build the same or a substantially similar home.\ns 25D prev s 25D ins 2001 No. 21 s 4 (retro)\nom 2002 No. 17 s 17 (retro)\npres s 25D ins 2016 No. 37 s 14\namd 2017 No. 20 s 21 ; 2018 No. 12 s 11 (retro)\n(sec.25D-ssec.1) A particular eligible transaction is an eligible transaction mentioned in section 5 (1) the commencement date for which is between 1 July 2016 and 30 June 2018, both dates inclusive.\n(sec.25D-ssec.2) However, an eligible transaction that is a contract is not a particular eligible transaction if the commissioner is satisfied the contract forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant for a particular eligible transaction.\n(sec.25D-ssec.3) Unless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (2) if the contract replaces a contract made before 1 July 2016 that is— a contract to purchase the same or substantially similar home; or a comprehensive home building contract to build the same or a substantially similar home.\n- (a) a contract to purchase the same or substantially similar home; or\n- (b) a comprehensive home building contract to build the same or a substantially similar home.","sortOrder":46},{"sectionNumber":"sec.25E","sectionType":"section","heading":"Amount of grant","content":"### sec.25E Amount of grant\n\nDespite section 20 , the amount of a first home owner grant for an eligible transaction that is a particular eligible transaction for a new home is the lesser of the following—\nthe consideration for the transaction;\n$20,000.\ns 25E ins 2016 No. 37 s 14\n- (a) the consideration for the transaction;\n- (b) $20,000.","sortOrder":47},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Relevant eligible transactions—20 November 2023 to 30 June 2026","content":"## Relevant eligible transactions—20 November 2023 to 30 June 2026","sortOrder":48},{"sectionNumber":"sec.25EA","sectionType":"section","heading":"Meaning of relevant eligible transaction","content":"### sec.25EA Meaning of relevant eligible transaction\n\nA relevant eligible transaction is an eligible transaction mentioned in section 5 (1) that is—\na contract for the purchase of a new home in the State made between 20 November 2023 and 30 June 2026, both dates inclusive; or\na comprehensive home building contract made by the owner of land in the State, or a person who will on completion of the contract be the owner of land in the State, to have a new home built on the land, if the contract is made between 20 November 2023 and 30 June 2026, both dates inclusive; or\nthe building of a new home in the State by an owner builder if the building work starts between 20 November 2023 and 30 June 2026, both dates inclusive.\nHowever, an eligible transaction that is a contract is not a relevant eligible transaction if the commissioner is satisfied the contract forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant for a relevant eligible transaction.\nUnless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (2) if—\nthe contract replaces a contract made before 20 November 2023 that is—\na contract to purchase the same or a substantially similar home; or\na comprehensive home building contract to build the same or a substantially similar home; or\nfor a contract to purchase a new home—the purchaser had an option to purchase the home granted before 20 November 2023 or the vendor had an option to require the purchaser to purchase the home granted before that date; or\nfor a comprehensive home building contract—either party had a right or option granted before 20 November 2023 to require the other to enter into the contract.\ns 25EA ins 2024 No. 35 s 12 (retro)\namd 2025 No. 15 s 11\n(sec.25EA-ssec.1) A relevant eligible transaction is an eligible transaction mentioned in section 5 (1) that is— a contract for the purchase of a new home in the State made between 20 November 2023 and 30 June 2026, both dates inclusive; or a comprehensive home building contract made by the owner of land in the State, or a person who will on completion of the contract be the owner of land in the State, to have a new home built on the land, if the contract is made between 20 November 2023 and 30 June 2026, both dates inclusive; or the building of a new home in the State by an owner builder if the building work starts between 20 November 2023 and 30 June 2026, both dates inclusive.\n(sec.25EA-ssec.2) However, an eligible transaction that is a contract is not a relevant eligible transaction if the commissioner is satisfied the contract forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant for a relevant eligible transaction.\n(sec.25EA-ssec.3) Unless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (2) if— the contract replaces a contract made before 20 November 2023 that is— a contract to purchase the same or a substantially similar home; or a comprehensive home building contract to build the same or a substantially similar home; or for a contract to purchase a new home—the purchaser had an option to purchase the home granted before 20 November 2023 or the vendor had an option to require the purchaser to purchase the home granted before that date; or for a comprehensive home building contract—either party had a right or option granted before 20 November 2023 to require the other to enter into the contract.\n- (a) a contract for the purchase of a new home in the State made between 20 November 2023 and 30 June 2026, both dates inclusive; or\n- (b) a comprehensive home building contract made by the owner of land in the State, or a person who will on completion of the contract be the owner of land in the State, to have a new home built on the land, if the contract is made between 20 November 2023 and 30 June 2026, both dates inclusive; or\n- (c) the building of a new home in the State by an owner builder if the building work starts between 20 November 2023 and 30 June 2026, both dates inclusive.\n- (a) the contract replaces a contract made before 20 November 2023 that is— (i) a contract to purchase the same or a substantially similar home; or (ii) a comprehensive home building contract to build the same or a substantially similar home; or\n- (i) a contract to purchase the same or a substantially similar home; or\n- (ii) a comprehensive home building contract to build the same or a substantially similar home; or\n- (b) for a contract to purchase a new home—the purchaser had an option to purchase the home granted before 20 November 2023 or the vendor had an option to require the purchaser to purchase the home granted before that date; or\n- (c) for a comprehensive home building contract—either party had a right or option granted before 20 November 2023 to require the other to enter into the contract.\n- (i) a contract to purchase the same or a substantially similar home; or\n- (ii) a comprehensive home building contract to build the same or a substantially similar home; or","sortOrder":49},{"sectionNumber":"sec.25EB","sectionType":"section","heading":"Amount of grant","content":"### sec.25EB Amount of grant\n\nDespite section 20 , the amount of a first home owner grant for an eligible transaction that is a relevant eligible transaction is the lesser of the following—\nthe consideration for the transaction;\n$30,000.\ns 25EB ins 2024 No. 35 s 12 (retro)\n- (a) the consideration for the transaction;\n- (b) $30,000.","sortOrder":50},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Regional home building boost grants","content":"# Regional home building boost grants","sortOrder":51},{"sectionNumber":"pt.3A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":52},{"sectionNumber":"sec.25F","sectionType":"section","heading":"Application of part","content":"### sec.25F Application of part\n\nThis part applies in relation to regional home building boost grants.\ns 25F ins 2020 No. 30 s 4J","sortOrder":53},{"sectionNumber":"sec.25G","sectionType":"section","heading":"Commissioner’s functions and powers","content":"### sec.25G Commissioner’s functions and powers\n\nThe commissioner is responsible for administering the RHBBG direction.\nThe commissioner has the power to do all things necessary or convenient to be done for performing the commissioner’s function under subsection (1) .\ns 25G ins 2020 No. 30 s 4J\n(sec.25G-ssec.1) The commissioner is responsible for administering the RHBBG direction.\n(sec.25G-ssec.2) The commissioner has the power to do all things necessary or convenient to be done for performing the commissioner’s function under subsection (1) .","sortOrder":54},{"sectionNumber":"pt.3A-div.2","sectionType":"division","heading":"Entitlement to grant","content":"## Entitlement to grant","sortOrder":55},{"sectionNumber":"sec.25H","sectionType":"section","heading":"Application for grant and when grant is payable","content":"### sec.25H Application for grant and when grant is payable\n\nA person who is eligible to apply for a regional home building boost grant under the RHBBG direction may apply for the grant.\nAn application for a regional home building boost grant must comply with the RHBBG direction.\nAn applicant for a regional home building boost grant is entitled to be paid the grant if—\nthe applicant, or if there are 2 or more of them, each of the applicants, complies with the eligibility criteria for the grant under the RHBBG direction; and\nthe transaction for which the grant is sought—\nis an eligible RHBBG transaction; and\nhas been completed within the meaning of the RHBBG direction.\nSee also section 25I (2) .\nOnly 1 regional home building boost grant is payable for the same eligible RHBBG transaction.\ns 25H ins 2020 No. 30 s 4J\n(sec.25H-ssec.1) A person who is eligible to apply for a regional home building boost grant under the RHBBG direction may apply for the grant.\n(sec.25H-ssec.2) An application for a regional home building boost grant must comply with the RHBBG direction.\n(sec.25H-ssec.3) An applicant for a regional home building boost grant is entitled to be paid the grant if— the applicant, or if there are 2 or more of them, each of the applicants, complies with the eligibility criteria for the grant under the RHBBG direction; and the transaction for which the grant is sought— is an eligible RHBBG transaction; and has been completed within the meaning of the RHBBG direction. See also section 25I (2) .\n(sec.25H-ssec.4) Only 1 regional home building boost grant is payable for the same eligible RHBBG transaction.\n- (a) the applicant, or if there are 2 or more of them, each of the applicants, complies with the eligibility criteria for the grant under the RHBBG direction; and\n- (b) the transaction for which the grant is sought— (i) is an eligible RHBBG transaction; and (ii) has been completed within the meaning of the RHBBG direction. Note— See also section 25I (2) .\n- (i) is an eligible RHBBG transaction; and\n- (ii) has been completed within the meaning of the RHBBG direction. Note— See also section 25I (2) .\n- (i) is an eligible RHBBG transaction; and\n- (ii) has been completed within the meaning of the RHBBG direction. Note— See also section 25I (2) .","sortOrder":56},{"sectionNumber":"pt.3A-div.3","sectionType":"division","heading":"Decision on application","content":"## Decision on application","sortOrder":57},{"sectionNumber":"sec.25I","sectionType":"section","heading":"Commissioner to decide applications","content":"### sec.25I Commissioner to decide applications\n\nThe commissioner must authorise the payment of a regional home building boost grant if the commissioner is satisfied the grant is payable on an application for the grant.\nAlso, if the RHBBG direction provides for the commissioner to authorise the payment of a regional home building boost grant in anticipation of the applicant for the grant complying with particular stated requirements, the commissioner may authorise the payment as provided for by the direction.\ns 25I ins 2020 No. 30 s 4J\n(sec.25I-ssec.1) The commissioner must authorise the payment of a regional home building boost grant if the commissioner is satisfied the grant is payable on an application for the grant.\n(sec.25I-ssec.2) Also, if the RHBBG direction provides for the commissioner to authorise the payment of a regional home building boost grant in anticipation of the applicant for the grant complying with particular stated requirements, the commissioner may authorise the payment as provided for by the direction.","sortOrder":58},{"sectionNumber":"sec.25J","sectionType":"section","heading":"Amount of grant","content":"### sec.25J Amount of grant\n\nThe amount of a regional home building boost grant is the lesser of the following—\nthe consideration for the eligible RHBBG transaction less the amount of a first home owner grant paid to the applicant in relation to the eligible RHBBG transaction;\n$5,000.\ns 25J ins 2020 No. 30 s 4J\n- (a) the consideration for the eligible RHBBG transaction less the amount of a first home owner grant paid to the applicant in relation to the eligible RHBBG transaction;\n- (b) $5,000.","sortOrder":59},{"sectionNumber":"sec.25K","sectionType":"section","heading":"Payment of grant","content":"### sec.25K Payment of grant\n\nA regional home building boost grant authorised by the commissioner must be paid—\nto the applicant for the grant; and\nin the way stated in the RHBBG direction.\ns 25K ins 2020 No. 30 s 4J\n- (a) to the applicant for the grant; and\n- (b) in the way stated in the RHBBG direction.","sortOrder":60},{"sectionNumber":"sec.25L","sectionType":"section","heading":"Conditions","content":"### sec.25L Conditions\n\nThe payment of a regional home building boost grant is subject to—\nthe conditions stated in the RHBBG direction; and\nany other condition imposed by the commissioner.\nWithout limiting subsection (1) , a condition may require a person on whose application the grant was made to—\ngive notice of non-compliance with a condition within the period stated in the condition; and\nrepay the amount of the grant within the period stated in the condition for repaying the amount.\nA person must not, without reasonable excuse, fail to comply with a condition mentioned in subsection (1) or (2) .\nMaximum penalty—40 penalty units.\ns 25L ins 2020 No. 30 s 4J\n(sec.25L-ssec.1) The payment of a regional home building boost grant is subject to— the conditions stated in the RHBBG direction; and any other condition imposed by the commissioner.\n(sec.25L-ssec.2) Without limiting subsection (1) , a condition may require a person on whose application the grant was made to— give notice of non-compliance with a condition within the period stated in the condition; and repay the amount of the grant within the period stated in the condition for repaying the amount.\n(sec.25L-ssec.3) A person must not, without reasonable excuse, fail to comply with a condition mentioned in subsection (1) or (2) . Maximum penalty—40 penalty units.\n- (a) the conditions stated in the RHBBG direction; and\n- (b) any other condition imposed by the commissioner.\n- (a) give notice of non-compliance with a condition within the period stated in the condition; and\n- (b) repay the amount of the grant within the period stated in the condition for repaying the amount.","sortOrder":61},{"sectionNumber":"sec.25M","sectionType":"section","heading":"Notice of decision","content":"### sec.25M Notice of decision\n\nIf the commissioner decides an application for a regional home building boost grant, or decides to vary or reverse an earlier decision on an application for a regional home building boost grant, the commissioner must give the applicant written notice of the decision.\nIf the decision is to refuse an application for a regional home building boost grant, or to vary or reverse an earlier decision on an application for a regional home building boost grant, the notice must state the following—\nthe reasons for the decision;\nthat the person may, within 60 days after receiving the notice, object to the decision;\nhow to object.\nSee part 5 .\ns 25M ins 2020 No. 30 s 4J\n(sec.25M-ssec.1) If the commissioner decides an application for a regional home building boost grant, or decides to vary or reverse an earlier decision on an application for a regional home building boost grant, the commissioner must give the applicant written notice of the decision.\n(sec.25M-ssec.2) If the decision is to refuse an application for a regional home building boost grant, or to vary or reverse an earlier decision on an application for a regional home building boost grant, the notice must state the following— the reasons for the decision; that the person may, within 60 days after receiving the notice, object to the decision; how to object. See part 5 .\n- (a) the reasons for the decision;\n- (b) that the person may, within 60 days after receiving the notice, object to the decision;\n- (c) how to object. Note— See part 5 .","sortOrder":62},{"sectionNumber":"sec.25N","sectionType":"section","heading":"Investigations and enforcement","content":"### sec.25N Investigations and enforcement\n\nThe commissioner may carry out an investigation (an authorised investigation ) to decide—\nwhether an application under this Act for a regional home building boost grant has been properly made; or\nwhether an objection to a decision made under this Act in relation to a regional home building boost grant should be upheld; or\nwhether an applicant for a regional home building boost grant to whom the grant has been paid was eligible for the grant under the RHBBG direction; or\nwhether a condition on which a regional home building boost grant has been paid has been complied with; or\nanother matter reasonably related to the administration or enforcement of this Act in relation to a regional home building boost grant.\nPart 4 applies in relation to the investigation and enforcement of a matter relating to a regional home building boost grant as if—\na reference to a first home owner grant included a reference to a regional home building boost grant; and\na reference to an applicant or former applicant included a reference to an applicant or former applicant for a regional home building boost grant; and\na reference to an application included a reference to an application for a regional home building boost grant; and\na reference to a home included a reference to a home within the meaning of the RHBBG direction; and\na reference in section 51A (1) (b) to a contravention of a section included a contravention of section 25L (3) .\ns 25N ins 2020 No. 30 s 4J\n(sec.25N-ssec.1) The commissioner may carry out an investigation (an authorised investigation ) to decide— whether an application under this Act for a regional home building boost grant has been properly made; or whether an objection to a decision made under this Act in relation to a regional home building boost grant should be upheld; or whether an applicant for a regional home building boost grant to whom the grant has been paid was eligible for the grant under the RHBBG direction; or whether a condition on which a regional home building boost grant has been paid has been complied with; or another matter reasonably related to the administration or enforcement of this Act in relation to a regional home building boost grant.\n(sec.25N-ssec.2) Part 4 applies in relation to the investigation and enforcement of a matter relating to a regional home building boost grant as if— a reference to a first home owner grant included a reference to a regional home building boost grant; and a reference to an applicant or former applicant included a reference to an applicant or former applicant for a regional home building boost grant; and a reference to an application included a reference to an application for a regional home building boost grant; and a reference to a home included a reference to a home within the meaning of the RHBBG direction; and a reference in section 51A (1) (b) to a contravention of a section included a contravention of section 25L (3) .\n- (a) whether an application under this Act for a regional home building boost grant has been properly made; or\n- (b) whether an objection to a decision made under this Act in relation to a regional home building boost grant should be upheld; or\n- (c) whether an applicant for a regional home building boost grant to whom the grant has been paid was eligible for the grant under the RHBBG direction; or\n- (d) whether a condition on which a regional home building boost grant has been paid has been complied with; or\n- (e) another matter reasonably related to the administration or enforcement of this Act in relation to a regional home building boost grant.\n- (a) a reference to a first home owner grant included a reference to a regional home building boost grant; and\n- (b) a reference to an applicant or former applicant included a reference to an applicant or former applicant for a regional home building boost grant; and\n- (c) a reference to an application included a reference to an application for a regional home building boost grant; and\n- (d) a reference to a home included a reference to a home within the meaning of the RHBBG direction; and\n- (e) a reference in section 51A (1) (b) to a contravention of a section included a contravention of section 25L (3) .","sortOrder":63},{"sectionNumber":"pt.3B","sectionType":"part","heading":"Home builder grants","content":"# Home builder grants","sortOrder":64},{"sectionNumber":"pt.3B-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":65},{"sectionNumber":"sec.25O","sectionType":"section","heading":"Application of part","content":"### sec.25O Application of part\n\nThis part applies in relation to home builder grants.\ns 25O ins 2020 No. 30 s 4J","sortOrder":66},{"sectionNumber":"sec.25P","sectionType":"section","heading":"Commissioner’s functions and powers","content":"### sec.25P Commissioner’s functions and powers\n\nThe commissioner is responsible for administering the home builder direction.\nThe commissioner has the power to do all things necessary or convenient to be done for performing the commissioner’s function under subsection (1) .\ns 25P ins 2020 No. 30 s 4J\n(sec.25P-ssec.1) The commissioner is responsible for administering the home builder direction.\n(sec.25P-ssec.2) The commissioner has the power to do all things necessary or convenient to be done for performing the commissioner’s function under subsection (1) .","sortOrder":67},{"sectionNumber":"pt.3B-div.2","sectionType":"division","heading":"Entitlement to grant","content":"## Entitlement to grant","sortOrder":68},{"sectionNumber":"sec.25Q","sectionType":"section","heading":"Application for grant and when grant is payable","content":"### sec.25Q Application for grant and when grant is payable\n\nA person who is eligible to apply for a home builder grant under the home builder direction may apply for the grant.\nAn application for a home builder grant must comply with the home builder direction.\nAn applicant for a home builder grant is entitled to be paid the grant if—\nthe applicant or, for a joint application, each of the applicants, complies with the eligibility criteria for the grant under the home builder direction; and\nthe transaction for which the grant is sought is an eligible home builder transaction; and\nthe relevant requirement in relation to the eligible home builder transaction has been met.\nSee also section 25R (2) .\nOnly 1 home builder grant is payable for the same eligible home builder transaction.\nIn this section—\nrelevant requirement , in relation to an eligible home builder transaction, means—\nif the transaction is a contract for the purchase of a new home within the meaning of the home builder direction—the contract has been completed within the meaning of the home builder direction; or\nif the transaction is a comprehensive home building contract within the meaning of the home builder direction—the foundations have been laid and the first progress payment has been paid to the builder under the contract; or\nif the transaction is a contract for a substantial renovation within the meaning of the home builder direction—construction under the contract has commenced and at least $150,000 of the contract price has been paid to the builder under the contract.\ns 25Q ins 2020 No. 30 s 4J\n(sec.25Q-ssec.1) A person who is eligible to apply for a home builder grant under the home builder direction may apply for the grant.\n(sec.25Q-ssec.2) An application for a home builder grant must comply with the home builder direction.\n(sec.25Q-ssec.3) An applicant for a home builder grant is entitled to be paid the grant if— the applicant or, for a joint application, each of the applicants, complies with the eligibility criteria for the grant under the home builder direction; and the transaction for which the grant is sought is an eligible home builder transaction; and the relevant requirement in relation to the eligible home builder transaction has been met. See also section 25R (2) .\n(sec.25Q-ssec.4) Only 1 home builder grant is payable for the same eligible home builder transaction.\n(sec.25Q-ssec.5) In this section— relevant requirement , in relation to an eligible home builder transaction, means— if the transaction is a contract for the purchase of a new home within the meaning of the home builder direction—the contract has been completed within the meaning of the home builder direction; or if the transaction is a comprehensive home building contract within the meaning of the home builder direction—the foundations have been laid and the first progress payment has been paid to the builder under the contract; or if the transaction is a contract for a substantial renovation within the meaning of the home builder direction—construction under the contract has commenced and at least $150,000 of the contract price has been paid to the builder under the contract.\n- (a) the applicant or, for a joint application, each of the applicants, complies with the eligibility criteria for the grant under the home builder direction; and\n- (b) the transaction for which the grant is sought is an eligible home builder transaction; and\n- (c) the relevant requirement in relation to the eligible home builder transaction has been met. Note— See also section 25R (2) .\n- (a) if the transaction is a contract for the purchase of a new home within the meaning of the home builder direction—the contract has been completed within the meaning of the home builder direction; or\n- (b) if the transaction is a comprehensive home building contract within the meaning of the home builder direction—the foundations have been laid and the first progress payment has been paid to the builder under the contract; or\n- (c) if the transaction is a contract for a substantial renovation within the meaning of the home builder direction—construction under the contract has commenced and at least $150,000 of the contract price has been paid to the builder under the contract.","sortOrder":69},{"sectionNumber":"pt.3B-div.3","sectionType":"division","heading":"Decision on application","content":"## Decision on application","sortOrder":70},{"sectionNumber":"sec.25R","sectionType":"section","heading":"Commissioner to decide applications","content":"### sec.25R Commissioner to decide applications\n\nThe commissioner must authorise the payment of a home builder grant if the commissioner is satisfied the grant is payable on an application for the grant.\nAlso, if the home builder direction provides for the commissioner to authorise the payment of a home builder grant in anticipation of the applicant for the grant complying with particular stated requirements, the commissioner may authorise the payment as provided for by the direction.\ns 25R ins 2020 No. 30 s 4J\n(sec.25R-ssec.1) The commissioner must authorise the payment of a home builder grant if the commissioner is satisfied the grant is payable on an application for the grant.\n(sec.25R-ssec.2) Also, if the home builder direction provides for the commissioner to authorise the payment of a home builder grant in anticipation of the applicant for the grant complying with particular stated requirements, the commissioner may authorise the payment as provided for by the direction.","sortOrder":71},{"sectionNumber":"sec.25S","sectionType":"section","heading":"Amount of grant","content":"### sec.25S Amount of grant\n\nThe amount of a home builder grant is—\nif the contract for the eligible home builder transaction is made between 4 June 2020 and 31 December 2020, both dates inclusive—$25,000; or\nif the contract for the eligible home builder transaction is made between 1 January 2021 and 31 March 2021, both dates inclusive—$15,000.\ns 25S ins 2020 No. 30 s 4J\nsub 2022 No. 14 s 21 (retro)\n- (a) if the contract for the eligible home builder transaction is made between 4 June 2020 and 31 December 2020, both dates inclusive—$25,000; or\n- (b) if the contract for the eligible home builder transaction is made between 1 January 2021 and 31 March 2021, both dates inclusive—$15,000.","sortOrder":72},{"sectionNumber":"sec.25T","sectionType":"section","heading":"Payment of grant","content":"### sec.25T Payment of grant\n\nA home builder grant authorised by the commissioner must be paid—\nto the applicant for the grant; and\nin the way stated in the home builder direction.\ns 25T ins 2020 No. 30 s 4J\n- (a) to the applicant for the grant; and\n- (b) in the way stated in the home builder direction.","sortOrder":73},{"sectionNumber":"sec.25U","sectionType":"section","heading":"Conditions","content":"### sec.25U Conditions\n\nThe payment of a home builder grant is subject to—\nthe conditions stated in the home builder direction; and\nany other conditions imposed by the commissioner.\nWithout limiting subsection (1) , a condition may require a person on whose application the grant was made to—\ngive notice of non-compliance with a condition within the period stated in the condition; and\nrepay the amount of the grant within the period stated in the condition for repaying the amount.\nA person must not, without reasonable excuse, fail to comply with a condition mentioned in subsection (1) or (2) .\nMaximum penalty—40 penalty units.\ns 25U ins 2020 No. 30 s 4J\n(sec.25U-ssec.1) The payment of a home builder grant is subject to— the conditions stated in the home builder direction; and any other conditions imposed by the commissioner.\n(sec.25U-ssec.2) Without limiting subsection (1) , a condition may require a person on whose application the grant was made to— give notice of non-compliance with a condition within the period stated in the condition; and repay the amount of the grant within the period stated in the condition for repaying the amount.\n(sec.25U-ssec.3) A person must not, without reasonable excuse, fail to comply with a condition mentioned in subsection (1) or (2) . Maximum penalty—40 penalty units.\n- (a) the conditions stated in the home builder direction; and\n- (b) any other conditions imposed by the commissioner.\n- (a) give notice of non-compliance with a condition within the period stated in the condition; and\n- (b) repay the amount of the grant within the period stated in the condition for repaying the amount.","sortOrder":74},{"sectionNumber":"sec.25V","sectionType":"section","heading":"Notice of decision","content":"### sec.25V Notice of decision\n\nIf the commissioner decides an application for a home builder grant, or decides to vary or reverse an earlier decision on an application for a home builder grant, the commissioner must give the applicant written notice of the decision.\nIf the decision is to refuse an application for a home builder grant, or to vary or reverse an earlier decision on an application for a home builder grant, the notice must state the following—\nthe reasons for the decision;\nthat the person may, within 60 days after receiving the notice, object to the decision;\nhow to object.\nSee part 5 .\ns 25V ins 2020 No. 30 s 4J\n(sec.25V-ssec.1) If the commissioner decides an application for a home builder grant, or decides to vary or reverse an earlier decision on an application for a home builder grant, the commissioner must give the applicant written notice of the decision.\n(sec.25V-ssec.2) If the decision is to refuse an application for a home builder grant, or to vary or reverse an earlier decision on an application for a home builder grant, the notice must state the following— the reasons for the decision; that the person may, within 60 days after receiving the notice, object to the decision; how to object. See part 5 .\n- (a) the reasons for the decision;\n- (b) that the person may, within 60 days after receiving the notice, object to the decision;\n- (c) how to object. Note— See part 5 .","sortOrder":75},{"sectionNumber":"sec.25W","sectionType":"section","heading":"Investigations and enforcement","content":"### sec.25W Investigations and enforcement\n\nThe commissioner may carry out an investigation (an authorised investigation ) to decide—\nwhether an application under this Act for a home builder grant has been properly made; or\nwhether an objection to a decision made under this Act in relation to a home builder grant should be upheld; or\nwhether an applicant for a home builder grant to whom the grant has been paid was eligible for the grant under the home builder direction; or\nwhether a condition on which a home builder grant has been paid has been complied with; or\nanother matter reasonably related to the administration or enforcement of this Act in relation to a home builder grant.\nPart 4 , other than section 49 , applies in relation to the investigation and enforcement of a matter relating to a home builder grant as if—\na reference to a first home owner grant included a reference to a home builder grant; and\na reference to an applicant or former applicant included a reference to an applicant or former applicant for a home builder grant; and\na reference to an application included a reference to an application for a home builder grant; and\na reference to a home included a reference to a home within the meaning of the home builder direction; and\na reference in section 51A (1) (b) to a contravention of a section included a contravention of section 25U (3) .\ns 25W ins 2020 No. 30 s 4J\n(sec.25W-ssec.1) The commissioner may carry out an investigation (an authorised investigation ) to decide— whether an application under this Act for a home builder grant has been properly made; or whether an objection to a decision made under this Act in relation to a home builder grant should be upheld; or whether an applicant for a home builder grant to whom the grant has been paid was eligible for the grant under the home builder direction; or whether a condition on which a home builder grant has been paid has been complied with; or another matter reasonably related to the administration or enforcement of this Act in relation to a home builder grant.\n(sec.25W-ssec.2) Part 4 , other than section 49 , applies in relation to the investigation and enforcement of a matter relating to a home builder grant as if— a reference to a first home owner grant included a reference to a home builder grant; and a reference to an applicant or former applicant included a reference to an applicant or former applicant for a home builder grant; and a reference to an application included a reference to an application for a home builder grant; and a reference to a home included a reference to a home within the meaning of the home builder direction; and a reference in section 51A (1) (b) to a contravention of a section included a contravention of section 25U (3) .\n- (a) whether an application under this Act for a home builder grant has been properly made; or\n- (b) whether an objection to a decision made under this Act in relation to a home builder grant should be upheld; or\n- (c) whether an applicant for a home builder grant to whom the grant has been paid was eligible for the grant under the home builder direction; or\n- (d) whether a condition on which a home builder grant has been paid has been complied with; or\n- (e) another matter reasonably related to the administration or enforcement of this Act in relation to a home builder grant.\n- (a) a reference to a first home owner grant included a reference to a home builder grant; and\n- (b) a reference to an applicant or former applicant included a reference to an applicant or former applicant for a home builder grant; and\n- (c) a reference to an application included a reference to an application for a home builder grant; and\n- (d) a reference to a home included a reference to a home within the meaning of the home builder direction; and\n- (e) a reference in section 51A (1) (b) to a contravention of a section included a contravention of section 25U (3) .","sortOrder":76},{"sectionNumber":"pt.4","sectionType":"part","heading":"Authorised officers, investigations and enforcement","content":"# Authorised officers, investigations and enforcement","sortOrder":77},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":78},{"sectionNumber":"sec.26","sectionType":"section","heading":"Appointment","content":"### sec.26 Appointment\n\nThe commissioner may appoint as an authorised officer—\na public service employee; or\nan officer or employee of the authority responsible for the administration of a corresponding law.\nThe commissioner may appoint a person as an authorised officer only if the commissioner is satisfied the person has the necessary expertise or experience to be an authorised officer.\n(sec.26-ssec.1) The commissioner may appoint as an authorised officer— a public service employee; or an officer or employee of the authority responsible for the administration of a corresponding law.\n(sec.26-ssec.2) The commissioner may appoint a person as an authorised officer only if the commissioner is satisfied the person has the necessary expertise or experience to be an authorised officer.\n- (a) a public service employee; or\n- (b) an officer or employee of the authority responsible for the administration of a corresponding law.","sortOrder":79},{"sectionNumber":"sec.27","sectionType":"section","heading":"Limitation of authorised officer’s powers","content":"### sec.27 Limitation of authorised officer’s powers\n\nFor this Act, an authorised officer has the powers given under this Act.\nAn authorised officer is subject to the directions of the commissioner in exercising the powers.\nAn authorised officer’s powers may be limited—\nunder a regulation; or\nby notice given by the commissioner to the authorised officer.\nAn authorised officer who is an officer or employee of an authority responsible for the administration of a corresponding law may exercise the powers of an authorised officer under this Act only in relation to a first home owner grant.\ns 27 amd 2020 No. 30 s 4K\n(sec.27-ssec.1) For this Act, an authorised officer has the powers given under this Act.\n(sec.27-ssec.2) An authorised officer is subject to the directions of the commissioner in exercising the powers.\n(sec.27-ssec.3) An authorised officer’s powers may be limited— under a regulation; or by notice given by the commissioner to the authorised officer.\n(sec.27-ssec.4) An authorised officer who is an officer or employee of an authority responsible for the administration of a corresponding law may exercise the powers of an authorised officer under this Act only in relation to a first home owner grant.\n- (a) under a regulation; or\n- (b) by notice given by the commissioner to the authorised officer.","sortOrder":80},{"sectionNumber":"sec.28","sectionType":"section","heading":"Authorised officer’s appointment conditions","content":"### sec.28 Authorised officer’s appointment conditions\n\nAn authorised officer holds office on the conditions stated in the instrument of appointment.\nAn authorised officer—\nif the appointment provides for a term of appointment—ceases holding office at the end of the term; and\nif the conditions of appointment provide—ceases holding office on ceasing to hold another office stated in the appointment conditions; and\nmay resign by signed notice given to the commissioner.\n(sec.28-ssec.1) An authorised officer holds office on the conditions stated in the instrument of appointment.\n(sec.28-ssec.2) An authorised officer— if the appointment provides for a term of appointment—ceases holding office at the end of the term; and if the conditions of appointment provide—ceases holding office on ceasing to hold another office stated in the appointment conditions; and may resign by signed notice given to the commissioner.\n- (a) if the appointment provides for a term of appointment—ceases holding office at the end of the term; and\n- (b) if the conditions of appointment provide—ceases holding office on ceasing to hold another office stated in the appointment conditions; and\n- (c) may resign by signed notice given to the commissioner.","sortOrder":81},{"sectionNumber":"sec.29","sectionType":"section","heading":"Authorised officer’s identity card","content":"### sec.29 Authorised officer’s identity card\n\nThe commissioner must give each authorised officer an identity card.\nThe identity card must—\ncontain a recent photograph of the authorised officer; and\nbe signed by the authorised officer; and\nidentify the person as an authorised officer; and\nstate an expiry date.\nA person who ceases to be an authorised officer must return the identity card to the commissioner as soon as practicable, but within 21 days, after the person ceases to be an authorised officer, unless the person has a reasonable excuse for not returning it in the 21 days.\nMaximum penalty—40 penalty units.\nThis section does not prevent the giving of a single identity card to a person for this Act and other Acts.\n(sec.29-ssec.1) The commissioner must give each authorised officer an identity card.\n(sec.29-ssec.2) The identity card must— contain a recent photograph of the authorised officer; and be signed by the authorised officer; and identify the person as an authorised officer; and state an expiry date.\n(sec.29-ssec.3) A person who ceases to be an authorised officer must return the identity card to the commissioner as soon as practicable, but within 21 days, after the person ceases to be an authorised officer, unless the person has a reasonable excuse for not returning it in the 21 days. Maximum penalty—40 penalty units.\n(sec.29-ssec.4) This section does not prevent the giving of a single identity card to a person for this Act and other Acts.\n- (a) contain a recent photograph of the authorised officer; and\n- (b) be signed by the authorised officer; and\n- (c) identify the person as an authorised officer; and\n- (d) state an expiry date.","sortOrder":82},{"sectionNumber":"sec.30","sectionType":"section","heading":"Production or display of authorised officer’s identity card","content":"### sec.30 Production or display of authorised officer’s identity card\n\nAn authorised officer may exercise a power in relation to a person only if the authorised officer—\nfirst produces the authorised officer’s identity card for the person’s inspection; or\nhas the authorised officer’s identity card displayed so it is clearly visible to the person.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised officer must produce the identity card as soon as it is practicable.\n(sec.30-ssec.1) An authorised officer may exercise a power in relation to a person only if the authorised officer— first produces the authorised officer’s identity card for the person’s inspection; or has the authorised officer’s identity card displayed so it is clearly visible to the person.\n(sec.30-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised officer must produce the identity card as soon as it is practicable.\n- (a) first produces the authorised officer’s identity card for the person’s inspection; or\n- (b) has the authorised officer’s identity card displayed so it is clearly visible to the person.","sortOrder":83},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Investigations","content":"## Investigations","sortOrder":84},{"sectionNumber":"sec.31","sectionType":"section","heading":"Commissioner may carry out investigations under corresponding laws","content":"### sec.31 Commissioner may carry out investigations under corresponding laws\n\nIf asked by an authority responsible for administering a corresponding law, the commissioner may carry out an authorised investigation, to the extent it relates to a first home owner grant, for the corresponding law.\ns 31 amd 2020 No. 30 s 4L","sortOrder":85},{"sectionNumber":"sec.32","sectionType":"section","heading":"Powers on investigation","content":"### sec.32 Powers on investigation\n\nFor carrying out an authorised investigation, the commissioner may, by written notice, require a person to do one or more of the following—\ngive the commissioner written information stated in the notice;\nattend at a stated time and place before the commissioner, or a stated authorised officer, to answer questions relevant to the investigation;\nproduce a document relevant to the investigation to the commissioner at a reasonable stated time and place.\nThe commissioner may require information given, or to be given, under this section be verified on oath or by statutory declaration.\nA person must not, without reasonable excuse, fail to comply with a requirement under this section.\nMaximum penalty—40 penalty units.\nA person who, having attended before the commissioner or officer in response to a notice under subsection (1) (b) , must not fail to answer a question relevant to the investigation unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for a person to fail to comply with a requirement under subsection (3) to give information or produce a document or to answer a question under subsection (4) if complying with the requirement or answering the question might tend to incriminate the person.\ns 32 amd 2008 No. 75 s 50\n(sec.32-ssec.1) For carrying out an authorised investigation, the commissioner may, by written notice, require a person to do one or more of the following— give the commissioner written information stated in the notice; attend at a stated time and place before the commissioner, or a stated authorised officer, to answer questions relevant to the investigation; produce a document relevant to the investigation to the commissioner at a reasonable stated time and place.\n(sec.32-ssec.2) The commissioner may require information given, or to be given, under this section be verified on oath or by statutory declaration.\n(sec.32-ssec.3) A person must not, without reasonable excuse, fail to comply with a requirement under this section. Maximum penalty—40 penalty units.\n(sec.32-ssec.4) A person who, having attended before the commissioner or officer in response to a notice under subsection (1) (b) , must not fail to answer a question relevant to the investigation unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.32-ssec.5) It is a reasonable excuse for a person to fail to comply with a requirement under subsection (3) to give information or produce a document or to answer a question under subsection (4) if complying with the requirement or answering the question might tend to incriminate the person.\n- (a) give the commissioner written information stated in the notice;\n- (b) attend at a stated time and place before the commissioner, or a stated authorised officer, to answer questions relevant to the investigation;\n- (c) produce a document relevant to the investigation to the commissioner at a reasonable stated time and place.","sortOrder":86},{"sectionNumber":"sec.33","sectionType":"section","heading":"Authorised officer’s power to enter places","content":"### sec.33 Authorised officer’s power to enter places\n\nAn authorised officer may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nit is a place where a business is conducted and the entry is made when—\nthe place is open for the conduct of business; or\nis otherwise open for entry; or\nthe entry is authorised by warrant.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (c) , a place of business does not include a part of the place where the person resides.\n(sec.33-ssec.1) An authorised officer may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or it is a place where a business is conducted and the entry is made when— the place is open for the conduct of business; or is otherwise open for entry; or the entry is authorised by warrant.\n(sec.33-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.33-ssec.3) For subsection (1) (c) , a place of business does not include a part of the place where the person resides.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) it is a place where a business is conducted and the entry is made when— (i) the place is open for the conduct of business; or (ii) is otherwise open for entry; or\n- (i) the place is open for the conduct of business; or\n- (ii) is otherwise open for entry; or\n- (d) the entry is authorised by warrant.\n- (i) the place is open for the conduct of business; or\n- (ii) is otherwise open for entry; or\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":87},{"sectionNumber":"sec.34","sectionType":"section","heading":"Entry with consent","content":"### sec.34 Entry with consent\n\nThis section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 33 (1) (a) .\nBefore asking for the consent, the authorised officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the authorised officer consent to enter the place and exercise powers under this division; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\nA court must find the occupier did not consent to an authorised officer entering the place under this subdivision if—\nan issue arises in a proceeding before the court whether the occupier of the place consented to the entry; and\nan acknowledgement is not produced in evidence for the entry; and\nit is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n(sec.34-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 33 (1) (a) .\n(sec.34-ssec.2) Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.34-ssec.3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.34-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised officer consent to enter the place and exercise powers under this division; and the time and date the consent was given.\n(sec.34-ssec.5) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\n(sec.34-ssec.6) A court must find the occupier did not consent to an authorised officer entering the place under this subdivision if— an issue arises in a proceeding before the court whether the occupier of the place consented to the entry; and an acknowledgement is not produced in evidence for the entry; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the authorised officer consent to enter the place and exercise powers under this division; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry; and\n- (b) an acknowledgement is not produced in evidence for the entry; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.","sortOrder":88},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application for warrant","content":"### sec.35 Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.35-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.35-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.35-ssec.3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":89},{"sectionNumber":"sec.36","sectionType":"section","heading":"Issue of warrant","content":"### sec.36 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or within the next 7 days, may be at the place.\nThe warrant must state the following—\nthe authorised officer may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the authorised officer’s powers under this division;\nthe offence for which the warrant is sought;\nthe hours of the day or night when the place may be entered;\nthe date, within 14 days after the warrant’s issue, the warrant ends;\nthe purpose for which the warrant is issued.\n(sec.36-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or within the next 7 days, may be at the place.\n(sec.36-ssec.2) The warrant must state the following— the authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the authorised officer’s powers under this division; the offence for which the warrant is sought; the hours of the day or night when the place may be entered; the date, within 14 days after the warrant’s issue, the warrant ends; the purpose for which the warrant is issued.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or within the next 7 days, may be at the place.\n- (a) the authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the authorised officer’s powers under this division;\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised officer’s powers under this division;\n- (b) the offence for which the warrant is sought;\n- (c) the hours of the day or night when the place may be entered;\n- (d) the date, within 14 days after the warrant’s issue, the warrant ends;\n- (e) the purpose for which the warrant is issued.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised officer’s powers under this division;","sortOrder":90},{"sectionNumber":"sec.37","sectionType":"section","heading":"Special warrants","content":"### sec.37 Special warrants\n\nAn authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised officer’s remote location.\nBefore applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.\nThe authorised officer may apply for the warrant before the application is sworn.\nAfter issuing the special warrant, the magistrate must immediately fax a copy to the authorised officer if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the authorised officer—\nthe magistrate must tell the authorised officer—\nwhat the terms of the warrant are; and\nthe date and time the warrant is issued; and\nthe authorised officer must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe terms of the special warrant.\nThe facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\nThe authorised officer must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the authorised officer completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the warrant.\nA court must find the exercise of the power by an authorised officer was not authorised by a special warrant if—\nan issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and\nthe warrant is not produced in evidence; and\nit is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the warrant.\n(sec.37-ssec.1) An authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.\n(sec.37-ssec.2) Before applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.\n(sec.37-ssec.3) The authorised officer may apply for the warrant before the application is sworn.\n(sec.37-ssec.4) After issuing the special warrant, the magistrate must immediately fax a copy to the authorised officer if it is reasonably practicable to fax the copy.\n(sec.37-ssec.5) If it is not reasonably practicable to fax a copy to the authorised officer— the magistrate must tell the authorised officer— what the terms of the warrant are; and the date and time the warrant is issued; and the authorised officer must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the terms of the special warrant.\n(sec.37-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\n(sec.37-ssec.7) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised officer completed a warrant form—the completed warrant form.\n(sec.37-ssec.8) On receiving the documents, the magistrate must attach them to the warrant.\n(sec.37-ssec.9) A court must find the exercise of the power by an authorised officer was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and the warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised officer’s remote location.\n- (a) the magistrate must tell the authorised officer— (i) what the terms of the warrant are; and (ii) the date and time the warrant is issued; and\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant is issued; and\n- (b) the authorised officer must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the special warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the special warrant.\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant is issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the special warrant.\n- (a) the sworn application; and\n- (b) if the authorised officer completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the warrant.","sortOrder":91},{"sectionNumber":"sec.38","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.38 Warrants—procedure before entry\n\nThis section applies if an authorised officer named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself, and anyone else helping the authorised officer, to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card;\ngive the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 37 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the authorised officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.38-ssec.1) This section applies if an authorised officer named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\n(sec.38-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself, and anyone else helping the authorised officer, to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 37 (6) , a copy of the facsimile warrant or warrant form; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n(sec.38-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself, and anyone else helping the authorised officer, to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card;\n- (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 37 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the authorised officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.","sortOrder":92},{"sectionNumber":"sec.39","sectionType":"section","heading":"General powers for places","content":"### sec.39 General powers for places\n\nAn authorised officer who enters a place under subdivision 3 may exercise any of the following powers—\nsearch any part of the place;\ninspect, examine, photograph or film a document or anything in the place;\ntake extracts from, and make copies of, any document in the place;\ntake into the place any equipment and materials the authorised officer reasonably requires for exercising a power under this division;\nrequire a person in the place to—\ngive the authorised officer reasonable help to exercise the powers mentioned in paragraphs (a) to (d) ; or\nanswer questions relevant to the investigation.\nWhen making a requirement mentioned in subsection (1) (e) , the authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nA person required to give reasonable help under subsection (1) (e) (i) or answer a question under subsection (1) (e) (ii) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf a person is required under subsection (1) (e) (i) to give reasonable help by answering a question or producing a document, or under subsection (1) (e) (ii) to answer a question, it is a reasonable excuse if complying with the requirement might tend to incriminate the person.\n(sec.39-ssec.1) An authorised officer who enters a place under subdivision 3 may exercise any of the following powers— search any part of the place; inspect, examine, photograph or film a document or anything in the place; take extracts from, and make copies of, any document in the place; take into the place any equipment and materials the authorised officer reasonably requires for exercising a power under this division; require a person in the place to— give the authorised officer reasonable help to exercise the powers mentioned in paragraphs (a) to (d) ; or answer questions relevant to the investigation.\n(sec.39-ssec.2) When making a requirement mentioned in subsection (1) (e) , the authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.39-ssec.3) A person required to give reasonable help under subsection (1) (e) (i) or answer a question under subsection (1) (e) (ii) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.39-ssec.4) If a person is required under subsection (1) (e) (i) to give reasonable help by answering a question or producing a document, or under subsection (1) (e) (ii) to answer a question, it is a reasonable excuse if complying with the requirement might tend to incriminate the person.\n- (a) search any part of the place;\n- (b) inspect, examine, photograph or film a document or anything in the place;\n- (c) take extracts from, and make copies of, any document in the place;\n- (d) take into the place any equipment and materials the authorised officer reasonably requires for exercising a power under this division;\n- (e) require a person in the place to— (i) give the authorised officer reasonable help to exercise the powers mentioned in paragraphs (a) to (d) ; or (ii) answer questions relevant to the investigation.\n- (i) give the authorised officer reasonable help to exercise the powers mentioned in paragraphs (a) to (d) ; or\n- (ii) answer questions relevant to the investigation.\n- (i) give the authorised officer reasonable help to exercise the powers mentioned in paragraphs (a) to (d) ; or\n- (ii) answer questions relevant to the investigation.","sortOrder":93},{"sectionNumber":"sec.40","sectionType":"section","heading":"Notice of damage","content":"### sec.40 Notice of damage\n\nThis section applies if—\nan authorised officer damages property when exercising or purporting to exercise a power under this division; or\na person (the other person ) acting under the direction of an authorised officer damages property.\nThe authorised officer must promptly give written notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\nIf the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the control of the authorised officer, contractor or other person, the authorised officer may state it in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the authorised officer reasonably believes is trivial.\nIn subsection (2) —\nowner , of property, includes the person in possession or control of it.\n(sec.40-ssec.1) This section applies if— an authorised officer damages property when exercising or purporting to exercise a power under this division; or a person (the other person ) acting under the direction of an authorised officer damages property.\n(sec.40-ssec.2) The authorised officer must promptly give written notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\n(sec.40-ssec.3) If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the control of the authorised officer, contractor or other person, the authorised officer may state it in the notice.\n(sec.40-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.40-ssec.5) This section does not apply to damage the authorised officer reasonably believes is trivial.\n(sec.40-ssec.6) In subsection (2) — owner , of property, includes the person in possession or control of it.\n- (a) an authorised officer damages property when exercising or purporting to exercise a power under this division; or\n- (b) a person (the other person ) acting under the direction of an authorised officer damages property.","sortOrder":94},{"sectionNumber":"sec.41","sectionType":"section","heading":"Compensation","content":"### sec.41 Compensation\n\nA person may claim from the commissioner the cost of repairing or replacing property damaged because of the exercise or purported exercise of a power under this division.\nThe cost may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount claimed; or\nfor an offence against this Act brought against the person claiming the amount.\nA court may order an amount be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n(sec.41-ssec.1) A person may claim from the commissioner the cost of repairing or replacing property damaged because of the exercise or purported exercise of a power under this division.\n(sec.41-ssec.2) The cost may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount claimed; or for an offence against this Act brought against the person claiming the amount.\n(sec.41-ssec.3) A court may order an amount be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.41-ssec.4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n- (a) brought in a court with jurisdiction for the recovery of the amount claimed; or\n- (b) for an offence against this Act brought against the person claiming the amount.","sortOrder":95},{"sectionNumber":"sec.42","sectionType":"section","heading":"False or misleading documents","content":"### sec.42 False or misleading documents\n\nA person must not give to the commissioner or an authorised officer a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—70 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ntells the commissioner or officer, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably get, the correct information—gives the correct information to the commissioner or officer.\nIn a proceeding for an offence against subsection (1) , it is enough for a charge to state that the document was, without specifying which, ‘false or misleading’.\n(sec.42-ssec.1) A person must not give to the commissioner or an authorised officer a document containing information the person knows is false or misleading in a material particular. Maximum penalty—70 penalty units.\n(sec.42-ssec.2) Subsection (1) does not apply to a person who, when giving the document— tells the commissioner or officer, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably get, the correct information—gives the correct information to the commissioner or officer.\n(sec.42-ssec.3) In a proceeding for an offence against subsection (1) , it is enough for a charge to state that the document was, without specifying which, ‘false or misleading’.\n- (a) tells the commissioner or officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably get, the correct information—gives the correct information to the commissioner or officer.","sortOrder":96},{"sectionNumber":"sec.43","sectionType":"section","heading":"False or misleading statements","content":"### sec.43 False or misleading statements\n\nA person must not state anything to the commissioner or an authorised officer the person knows is false or misleading in a material particular.\nMaximum penalty—70 penalty units.\nIn a proceeding for an offence against subsection (1) , it is enough for a charge to state that the statement was, without specifying which, ‘false or misleading’.\n(sec.43-ssec.1) A person must not state anything to the commissioner or an authorised officer the person knows is false or misleading in a material particular. Maximum penalty—70 penalty units.\n(sec.43-ssec.2) In a proceeding for an offence against subsection (1) , it is enough for a charge to state that the statement was, without specifying which, ‘false or misleading’.","sortOrder":97},{"sectionNumber":"sec.44","sectionType":"section","heading":"Obstruction of authorised officers","content":"### sec.44 Obstruction of authorised officers\n\nA person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—\nit is an offence to obstruct the authorised officer, unless the person has a reasonable excuse; and\nthe authorised officer considers the person’s conduct is an obstruction.\n(sec.44-ssec.1) A person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.44-ssec.2) If a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that— it is an offence to obstruct the authorised officer, unless the person has a reasonable excuse; and the authorised officer considers the person’s conduct is an obstruction.\n- (a) it is an offence to obstruct the authorised officer, unless the person has a reasonable excuse; and\n- (b) the authorised officer considers the person’s conduct is an obstruction.","sortOrder":98},{"sectionNumber":"sec.45","sectionType":"section","heading":"Impersonation of authorised officer","content":"### sec.45 Impersonation of authorised officer\n\nA person must not pretend to be an authorised officer.\nMaximum penalty—40 penalty units.","sortOrder":99},{"sectionNumber":"sec.46","sectionType":"section","heading":"Access to particular records without fee","content":"### sec.46 Access to particular records without fee\n\nFor carrying out an authorised investigation, the commissioner may, without payment of a fee, inspect and take copies of any record relevant to the investigation that is kept by a public sector unit or local government.","sortOrder":100},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Repayments and penalties","content":"## Repayments and penalties","sortOrder":101},{"sectionNumber":"sec.47","sectionType":"section","heading":"Commissioner may require repayment and impose penalty","content":"### sec.47 Commissioner may require repayment and impose penalty\n\nThe commissioner may, by written notice, require an applicant or former applicant for a first home owner grant to repay an amount paid on the application if the amount was paid in error (the error amount ).\nIf the error amount was paid because of a contravention of section 42 or 43 in relation to the application for the grant, the commissioner may, by written notice, impose a penalty of not more than the error amount (a penalty amount ).\nIf an applicant or former applicant for a first home owner grant fails to make a repayment required under subsection (1) or the conditions of the grant, the commissioner may, by written notice impose a penalty of not more than the error amount (also a penalty amount ).\nIf the error amount was paid to a third party, the commissioner, may by written notice, require the third party to repay the amount to the commissioner.\nA notice under this section must state the following—\nthe reasons for the decision to require the payment;\nthe person may, within 60 days after receiving the notice, object to the decision;\nhow to object.\n(sec.47-ssec.1) The commissioner may, by written notice, require an applicant or former applicant for a first home owner grant to repay an amount paid on the application if the amount was paid in error (the error amount ).\n(sec.47-ssec.2) If the error amount was paid because of a contravention of section 42 or 43 in relation to the application for the grant, the commissioner may, by written notice, impose a penalty of not more than the error amount (a penalty amount ).\n(sec.47-ssec.3) If an applicant or former applicant for a first home owner grant fails to make a repayment required under subsection (1) or the conditions of the grant, the commissioner may, by written notice impose a penalty of not more than the error amount (also a penalty amount ).\n(sec.47-ssec.4) If the error amount was paid to a third party, the commissioner, may by written notice, require the third party to repay the amount to the commissioner.\n(sec.47-ssec.5) A notice under this section must state the following— the reasons for the decision to require the payment; the person may, within 60 days after receiving the notice, object to the decision; how to object.\n- (a) the reasons for the decision to require the payment;\n- (b) the person may, within 60 days after receiving the notice, object to the decision;\n- (c) how to object.","sortOrder":102},{"sectionNumber":"sec.48","sectionType":"section","heading":"Recovery of amount paid in error etc.","content":"### sec.48 Recovery of amount paid in error etc.\n\nThis section applies to the following amounts—\nan amount an applicant or former applicant for a first home owner grant is required to repay under the conditions of the grant or under a requirement under this Act;\na penalty amount imposed on an applicant or former applicant for a first home owner grant under section 47 (2) or (3) ;\nan amount a third party is required, under section 47 (4) , to pay to the commissioner.\nThe liability arising from a requirement to pay, or repay, an amount to which this section applies is, if the requirement attaches to 2 or more persons, joint and several.\nAn amount to which this section applies is a debt payable to the commissioner and may be recovered in a court of competent jurisdiction.\nThe commissioner may enter into an arrangement for payment of a liability outstanding under this section by instalments.\nThe arrangement may include provision for the payment of interest.\n(sec.48-ssec.1) This section applies to the following amounts— an amount an applicant or former applicant for a first home owner grant is required to repay under the conditions of the grant or under a requirement under this Act; a penalty amount imposed on an applicant or former applicant for a first home owner grant under section 47 (2) or (3) ; an amount a third party is required, under section 47 (4) , to pay to the commissioner.\n(sec.48-ssec.2) The liability arising from a requirement to pay, or repay, an amount to which this section applies is, if the requirement attaches to 2 or more persons, joint and several.\n(sec.48-ssec.3) An amount to which this section applies is a debt payable to the commissioner and may be recovered in a court of competent jurisdiction.\n(sec.48-ssec.4) The commissioner may enter into an arrangement for payment of a liability outstanding under this section by instalments.\n(sec.48-ssec.5) The arrangement may include provision for the payment of interest.\n- (a) an amount an applicant or former applicant for a first home owner grant is required to repay under the conditions of the grant or under a requirement under this Act;\n- (b) a penalty amount imposed on an applicant or former applicant for a first home owner grant under section 47 (2) or (3) ;\n- (c) an amount a third party is required, under section 47 (4) , to pay to the commissioner.","sortOrder":103},{"sectionNumber":"sec.49","sectionType":"section","heading":"Charge over land","content":"### sec.49 Charge over land\n\nThis section applies if an applicant or former applicant who is liable to pay an amount to which section 48 applies has an interest in the land on which the home, for which the first home owner grant was sought, is fixed.\nThe liability is a first charge on the applicant’s interest in the land.\nThe charge has priority over all other encumbrances over the applicant’s interest in the land.\nThe registrar must register the charge over the land if the commissioner lodges with the registrar—\na request to register the charge in the appropriate form over the land; and\na certificate stating that—\nthe amount stated in the certificate is owing in relation to the charge over the land; and\nthere is a charge over the land under this section.\nThe commissioner must, as soon as practicable after payment of the amount, lodge with the registrar—\na request to release the charge in the appropriate form; and\na certificate stating that the amount owing in relation to the charge over the land has been paid.\nThe registrar must register the release of the charge over the land.\nThe fee for registration of the charge, or release of the charge, is payable by the applicant or former applicant mentioned in subsection (1) .\nIf the commissioner pays the fee mentioned in subsection (6) , the commissioner may recover the amount of the fee from the applicant or former applicant liable for payment of the fee.\ns 49 amd 2010 No. 11 s 70\n(sec.49-ssec.1) This section applies if an applicant or former applicant who is liable to pay an amount to which section 48 applies has an interest in the land on which the home, for which the first home owner grant was sought, is fixed.\n(sec.49-ssec.2) The liability is a first charge on the applicant’s interest in the land.\n(sec.49-ssec.2A) The charge has priority over all other encumbrances over the applicant’s interest in the land.\n(sec.49-ssec.3) The registrar must register the charge over the land if the commissioner lodges with the registrar— a request to register the charge in the appropriate form over the land; and a certificate stating that— the amount stated in the certificate is owing in relation to the charge over the land; and there is a charge over the land under this section.\n(sec.49-ssec.4) The commissioner must, as soon as practicable after payment of the amount, lodge with the registrar— a request to release the charge in the appropriate form; and a certificate stating that the amount owing in relation to the charge over the land has been paid.\n(sec.49-ssec.5) The registrar must register the release of the charge over the land.\n(sec.49-ssec.6) The fee for registration of the charge, or release of the charge, is payable by the applicant or former applicant mentioned in subsection (1) .\n(sec.49-ssec.7) If the commissioner pays the fee mentioned in subsection (6) , the commissioner may recover the amount of the fee from the applicant or former applicant liable for payment of the fee.\n- (a) a request to register the charge in the appropriate form over the land; and\n- (b) a certificate stating that— (i) the amount stated in the certificate is owing in relation to the charge over the land; and (ii) there is a charge over the land under this section.\n- (i) the amount stated in the certificate is owing in relation to the charge over the land; and\n- (ii) there is a charge over the land under this section.\n- (i) the amount stated in the certificate is owing in relation to the charge over the land; and\n- (ii) there is a charge over the land under this section.\n- (a) a request to release the charge in the appropriate form; and\n- (b) a certificate stating that the amount owing in relation to the charge over the land has been paid.","sortOrder":104},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Collection of amounts from a garnishee","content":"### sec.49A Collection of amounts from a garnishee\n\nThis section applies if—\nunder section 48 , a debt is payable by an applicant or former applicant to the commissioner; and\nthe commissioner reasonably believes a person (the garnishee )—\nholds or may receive an amount for or on account of the applicant or former applicant; or\nis liable or may become liable to pay an amount to the applicant or former applicant; or\nhas authority to pay an amount to the applicant or former applicant.\nSubsection (1) (b) applies even though the applicant or former applicant’s entitlement to the amount may be subject to unfulfilled conditions.\nThe commissioner may, by written notice given to the garnishee (the garnishee notice ), require the garnishee to pay a stated amount (the garnishee amount ) to the commissioner by a stated date.\nWithout limiting subsection (3) , the garnishee notice may require the garnishee to pay to the commissioner an amount out of each payment the garnishee is liable, or from time to time becomes liable, to make to the applicant or former applicant.\nHowever, subsection (6) applies if, on the date for payment under the garnishee notice, the garnishee amount is not held for, or is not liable to be paid to, the applicant or former applicant by the garnishee.\nThe garnishee notice has effect as if the date for payment were immediately after the date the amount is held for, or is liable to be paid to, the applicant or former applicant by the garnishee.\nThe garnishee amount must not be more than the applicant’s or former applicant’s debt.\nThe garnishee must comply with the garnishee notice unless the garnishee has a reasonable excuse.\nMaximum penalty—40 penalty units.\nThe commissioner must give to the applicant or former applicant—\na copy of the garnishee notice; and\ndetails in writing of the applicant’s or former applicant’s debt to which the notice relates.\ns 49A ins 2010 No. 11 s 71\n(sec.49A-ssec.1) This section applies if— under section 48 , a debt is payable by an applicant or former applicant to the commissioner; and the commissioner reasonably believes a person (the garnishee )— holds or may receive an amount for or on account of the applicant or former applicant; or is liable or may become liable to pay an amount to the applicant or former applicant; or has authority to pay an amount to the applicant or former applicant.\n(sec.49A-ssec.2) Subsection (1) (b) applies even though the applicant or former applicant’s entitlement to the amount may be subject to unfulfilled conditions.\n(sec.49A-ssec.3) The commissioner may, by written notice given to the garnishee (the garnishee notice ), require the garnishee to pay a stated amount (the garnishee amount ) to the commissioner by a stated date.\n(sec.49A-ssec.4) Without limiting subsection (3) , the garnishee notice may require the garnishee to pay to the commissioner an amount out of each payment the garnishee is liable, or from time to time becomes liable, to make to the applicant or former applicant.\n(sec.49A-ssec.5) However, subsection (6) applies if, on the date for payment under the garnishee notice, the garnishee amount is not held for, or is not liable to be paid to, the applicant or former applicant by the garnishee.\n(sec.49A-ssec.6) The garnishee notice has effect as if the date for payment were immediately after the date the amount is held for, or is liable to be paid to, the applicant or former applicant by the garnishee.\n(sec.49A-ssec.7) The garnishee amount must not be more than the applicant’s or former applicant’s debt.\n(sec.49A-ssec.8) The garnishee must comply with the garnishee notice unless the garnishee has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.49A-ssec.9) The commissioner must give to the applicant or former applicant— a copy of the garnishee notice; and details in writing of the applicant’s or former applicant’s debt to which the notice relates.\n- (a) under section 48 , a debt is payable by an applicant or former applicant to the commissioner; and\n- (b) the commissioner reasonably believes a person (the garnishee )— (i) holds or may receive an amount for or on account of the applicant or former applicant; or (ii) is liable or may become liable to pay an amount to the applicant or former applicant; or (iii) has authority to pay an amount to the applicant or former applicant.\n- (i) holds or may receive an amount for or on account of the applicant or former applicant; or\n- (ii) is liable or may become liable to pay an amount to the applicant or former applicant; or\n- (iii) has authority to pay an amount to the applicant or former applicant.\n- (i) holds or may receive an amount for or on account of the applicant or former applicant; or\n- (ii) is liable or may become liable to pay an amount to the applicant or former applicant; or\n- (iii) has authority to pay an amount to the applicant or former applicant.\n- (a) a copy of the garnishee notice; and\n- (b) details in writing of the applicant’s or former applicant’s debt to which the notice relates.","sortOrder":105},{"sectionNumber":"sec.49B","sectionType":"section","heading":"Duration of garnishee notice","content":"### sec.49B Duration of garnishee notice\n\nThe garnishee notice has effect until the garnishee amount is paid or the commissioner, by written notice given to the garnishee, withdraws the notice.\ns 49B ins 2010 No. 11 s 71","sortOrder":106},{"sectionNumber":"sec.49C","sectionType":"section","heading":"Effect of discharge of debt on garnishee notice","content":"### sec.49C Effect of discharge of debt on garnishee notice\n\nThis section applies if—\nthe applicant’s or former applicant’s debt to which the garnishee notice relates is discharged, whether completely or partly, before the date for payment of the garnishee amount; and\nthe discharge affects the amount to be recovered from the garnishee.\nThe commissioner must give written notice to the garnishee and the applicant or former applicant—\ninforming them of the extent of the discharge of the debt; and\nstating the amount payable under the garnishee notice is reduced accordingly; and\nif the applicant’s or former applicant’s debt is fully discharged—withdrawing the garnishee notice.\ns 49C ins 2010 No. 11 s 71\n(sec.49C-ssec.1) This section applies if— the applicant’s or former applicant’s debt to which the garnishee notice relates is discharged, whether completely or partly, before the date for payment of the garnishee amount; and the discharge affects the amount to be recovered from the garnishee.\n(sec.49C-ssec.2) The commissioner must give written notice to the garnishee and the applicant or former applicant— informing them of the extent of the discharge of the debt; and stating the amount payable under the garnishee notice is reduced accordingly; and if the applicant’s or former applicant’s debt is fully discharged—withdrawing the garnishee notice.\n- (a) the applicant’s or former applicant’s debt to which the garnishee notice relates is discharged, whether completely or partly, before the date for payment of the garnishee amount; and\n- (b) the discharge affects the amount to be recovered from the garnishee.\n- (a) informing them of the extent of the discharge of the debt; and\n- (b) stating the amount payable under the garnishee notice is reduced accordingly; and\n- (c) if the applicant’s or former applicant’s debt is fully discharged—withdrawing the garnishee notice.","sortOrder":107},{"sectionNumber":"sec.49D","sectionType":"section","heading":"Effect of payment by garnishee","content":"### sec.49D Effect of payment by garnishee\n\nIf the garnishee pays an amount to the commissioner under a garnishee notice, the garnishee—\nis taken to have acted under the authority of the applicant or former applicant or an authority mentioned in section 49A (1) (b) (iii) ; and\nif the garnishee is under an obligation to pay an amount to the applicant or former applicant—is taken to have satisfied the obligation to the extent of the payment.\ns 49D ins 2010 No. 11 s 71\n- (a) is taken to have acted under the authority of the applicant or former applicant or an authority mentioned in section 49A (1) (b) (iii) ; and\n- (b) if the garnishee is under an obligation to pay an amount to the applicant or former applicant—is taken to have satisfied the obligation to the extent of the payment.","sortOrder":108},{"sectionNumber":"sec.50","sectionType":"section","heading":"Effect of writing off liability","content":"### sec.50 Effect of writing off liability\n\nIf all or part of an applicant’s liability under section 48 , including the applicant’s liability to pay costs ordered by a court or QCAT, is written off under the Financial Accountability Act 2009 , section 21 , the writing off does not extinguish the applicant’s liability or prevent a later proceeding against the applicant to recover the amount of the liability.\ns 50 amd 2009 No. 9 s 136 sch 1 ; 2009 No. 24 s 1859","sortOrder":109},{"sectionNumber":"sec.51","sectionType":"section","heading":"Penalty amounts to be alternative to prosecution","content":"### sec.51 Penalty amounts to be alternative to prosecution\n\nThis section applies if a penalty amount, including a part of a penalty amount, becomes payable under section 47 by a person because of an act or omission of the person.\nIf a proceeding is started against the person for an offence against a provision of this Act relating to the act or omission, and the penalty amount has not been paid to the commissioner, the penalty amount is payable only if the commissioner withdraws the proceeding.\nIf the penalty amount has been paid to the commissioner, but a proceeding is started against the person for an offence against a provision of this Act arising out of the act or omission, the penalty amount must be refunded by the commissioner.\nDespite subsection (3) , if the commissioner withdraws the proceeding for the offence, the person again becomes liable to pay the penalty amount.\n(sec.51-ssec.1) This section applies if a penalty amount, including a part of a penalty amount, becomes payable under section 47 by a person because of an act or omission of the person.\n(sec.51-ssec.2) If a proceeding is started against the person for an offence against a provision of this Act relating to the act or omission, and the penalty amount has not been paid to the commissioner, the penalty amount is payable only if the commissioner withdraws the proceeding.\n(sec.51-ssec.3) If the penalty amount has been paid to the commissioner, but a proceeding is started against the person for an offence against a provision of this Act arising out of the act or omission, the penalty amount must be refunded by the commissioner.\n(sec.51-ssec.4) Despite subsection (3) , if the commissioner withdraws the proceeding for the offence, the person again becomes liable to pay the penalty amount.","sortOrder":110},{"sectionNumber":"sec.51A","sectionType":"section","heading":"Court may order repayment etc.","content":"### sec.51A Court may order repayment etc.\n\nThis section applies if—\na first home owner grant is paid to a person; and\nthe person is convicted by a court for a contravention of section 22 (5) , 22A (2) , 23 (4) , 42 (1) or 43 (1) in relation to the grant.\nThe court may order the person to repay the grant.\nAlso, the court may order the person to pay the commissioner twice the grant amount if it is satisfied the circumstances of the contravention form part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\ns 51A ins 2008 No. 75 s 51\n(sec.51A-ssec.1) This section applies if— a first home owner grant is paid to a person; and the person is convicted by a court for a contravention of section 22 (5) , 22A (2) , 23 (4) , 42 (1) or 43 (1) in relation to the grant.\n(sec.51A-ssec.2) The court may order the person to repay the grant.\n(sec.51A-ssec.3) Also, the court may order the person to pay the commissioner twice the grant amount if it is satisfied the circumstances of the contravention form part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant.\n(sec.51A-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\n- (a) a first home owner grant is paid to a person; and\n- (b) the person is convicted by a court for a contravention of section 22 (5) , 22A (2) , 23 (4) , 42 (1) or 43 (1) in relation to the grant.","sortOrder":111},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Legal proceedings","content":"## Legal proceedings","sortOrder":112},{"sectionNumber":"sec.52","sectionType":"section","heading":"Statements in complaint","content":"### sec.52 Statements in complaint\n\nIn a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.","sortOrder":113},{"sectionNumber":"sec.53","sectionType":"section","heading":"Evidentiary certificates","content":"### sec.53 Evidentiary certificates\n\nA certificate purporting to be signed by the commissioner stating any of the following matters is evidence of the matter—\non a stated day—\na stated person was liable to pay, or paid, a stated amount; or\na stated person made, gave or executed a stated document; or\na stated document was given to a stated person in a stated way; or\nthe commissioner had not received a stated document or information;\na stated document is a copy of, or part of, another document.\n- (a) on a stated day— (i) a stated person was liable to pay, or paid, a stated amount; or (ii) a stated person made, gave or executed a stated document; or (iii) a stated document was given to a stated person in a stated way; or (iv) the commissioner had not received a stated document or information;\n- (i) a stated person was liable to pay, or paid, a stated amount; or\n- (ii) a stated person made, gave or executed a stated document; or\n- (iii) a stated document was given to a stated person in a stated way; or\n- (iv) the commissioner had not received a stated document or information;\n- (b) a stated document is a copy of, or part of, another document.\n- (i) a stated person was liable to pay, or paid, a stated amount; or\n- (ii) a stated person made, gave or executed a stated document; or\n- (iii) a stated document was given to a stated person in a stated way; or\n- (iv) the commissioner had not received a stated document or information;","sortOrder":114},{"sectionNumber":"sec.54","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.54 Summary proceedings for offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .","sortOrder":115},{"sectionNumber":"sec.55","sectionType":"section","heading":"When proceedings must start","content":"### sec.55 When proceedings must start\n\nA proceeding for an offence against this Act must start within 5 years after the commission of the offence.\ns 55 sub 2011 No. 8 s 50","sortOrder":116},{"sectionNumber":"pt.5","sectionType":"part","heading":"Objections and reviews","content":"# Objections and reviews","sortOrder":117},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Objections","content":"## Objections","sortOrder":118},{"sectionNumber":"sec.56","sectionType":"section","heading":"Lodging objection","content":"### sec.56 Lodging objection\n\nThis section applies to an applicant or former applicant for a first home owner grant, regional home building boost grant or home builder grant who is dissatisfied with a decision of the commissioner—\non the applicant’s or former applicant’s application for the grant; or\nto require payment of an amount under section 47 in relation to the grant.\nThe applicant or former applicant may lodge a written objection for the decision with the commissioner.\nThe grounds of objection must be stated fully and in detail in the notice.\nThe objection must be lodged within 60 days after the objector receives notice of the decision.\nIf the commissioner is satisfied an objector has a reasonable excuse for failing to lodge an objection within the 60 day period, the commissioner may extend the time for lodging the objection.\ns 56 amd 2020 No. 30 s 4M\n(sec.56-ssec.1) This section applies to an applicant or former applicant for a first home owner grant, regional home building boost grant or home builder grant who is dissatisfied with a decision of the commissioner— on the applicant’s or former applicant’s application for the grant; or to require payment of an amount under section 47 in relation to the grant.\n(sec.56-ssec.1A) The applicant or former applicant may lodge a written objection for the decision with the commissioner.\n(sec.56-ssec.2) The grounds of objection must be stated fully and in detail in the notice.\n(sec.56-ssec.3) The objection must be lodged within 60 days after the objector receives notice of the decision.\n(sec.56-ssec.4) If the commissioner is satisfied an objector has a reasonable excuse for failing to lodge an objection within the 60 day period, the commissioner may extend the time for lodging the objection.\n- (a) on the applicant’s or former applicant’s application for the grant; or\n- (b) to require payment of an amount under section 47 in relation to the grant.","sortOrder":119},{"sectionNumber":"sec.57","sectionType":"section","heading":"Deciding objection","content":"### sec.57 Deciding objection\n\nAfter considering the objection, the commissioner may—\nconfirm the decision; or\nset aside the decision and substitute another decision.\nIf the decision the subject of the objection was made by a delegate of the commissioner, the delegate must not decide the objection.\n(sec.57-ssec.1) After considering the objection, the commissioner may— confirm the decision; or set aside the decision and substitute another decision.\n(sec.57-ssec.2) If the decision the subject of the objection was made by a delegate of the commissioner, the delegate must not decide the objection.\n- (a) confirm the decision; or\n- (b) set aside the decision and substitute another decision.","sortOrder":120},{"sectionNumber":"sec.58","sectionType":"section","heading":"Notice of decision","content":"### sec.58 Notice of decision\n\nThe commissioner must give written notice to the objector of the commissioner’s decision on the objection.\nThe notice must comply with the QCAT Act , section 157 (2) .\ns 58 amd 2009 No. 24 s 1861\n(sec.58-ssec.1) The commissioner must give written notice to the objector of the commissioner’s decision on the objection.\n(sec.58-ssec.2) The notice must comply with the QCAT Act , section 157 (2) .","sortOrder":121},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Review of decision on objections","content":"## Review of decision on objections","sortOrder":122},{"sectionNumber":"sec.59","sectionType":"section","heading":"Right of review by QCAT","content":"### sec.59 Right of review by QCAT\n\nAn objector who is dissatisfied with the commissioner’s decision on the objection may apply, within 60 days after the objector receives notice of the commissioner’s decision on the objection and as otherwise provided under the QCAT Act , to QCAT for a review of the decision.\ns 59 sub 2009 No. 24 s 1862","sortOrder":123},{"sectionNumber":"sec.60","sectionType":"section","heading":"QCAT to decide review on evidence before the commissioner","content":"### sec.60 QCAT to decide review on evidence before the commissioner\n\nThis section applies to a proceeding for a review by QCAT of a decision of the commissioner on an objection.\nQCAT must—\nhear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and\ndecide the review of the decision in accordance with the same law that applied to the making of the original decision.\nThe grounds on which the application for review is made are limited to the grounds of the relevant objection unless QCAT otherwise orders.\nIf QCAT decides, under the QCAT Act , section 139 , that the proceeding should be reopened, the issues in the proceeding that are reheard must be—\nheard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and\ndecided in accordance with the same law that applied to the making of the original decision.\nIn this section—\nnew evidence means evidence that was not before the commissioner when the decision on the objection was made.\noriginal decision means the decision of the commissioner that was the subject of the relevant objection.\nrelevant objection means the objection to which the decision of the commissioner relates.\ns 60 sub 2009 No. 24 s 1862\n(sec.60-ssec.1) This section applies to a proceeding for a review by QCAT of a decision of the commissioner on an objection.\n(sec.60-ssec.2) QCAT must— hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and decide the review of the decision in accordance with the same law that applied to the making of the original decision.\n(sec.60-ssec.3) The grounds on which the application for review is made are limited to the grounds of the relevant objection unless QCAT otherwise orders.\n(sec.60-ssec.4) If QCAT decides, under the QCAT Act , section 139 , that the proceeding should be reopened, the issues in the proceeding that are reheard must be— heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and decided in accordance with the same law that applied to the making of the original decision.\n(sec.60-ssec.5) In this section— new evidence means evidence that was not before the commissioner when the decision on the objection was made. original decision means the decision of the commissioner that was the subject of the relevant objection. relevant objection means the objection to which the decision of the commissioner relates.\n- (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and\n- (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision.\n- (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and\n- (b) decided in accordance with the same law that applied to the making of the original decision.","sortOrder":124},{"sectionNumber":"sec.61","sectionType":"section","heading":"Representation of parties before QCAT","content":"### sec.61 Representation of parties before QCAT\n\nThis section applies to a party in a proceeding before QCAT relating to an application under section 59 .\nThe party may be represented by a lawyer.\ns 61 sub 2009 No. 24 s 1862\n(sec.61-ssec.1) This section applies to a party in a proceeding before QCAT relating to an application under section 59 .\n(sec.61-ssec.2) The party may be represented by a lawyer.","sortOrder":125},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 om 2009 No. 24 s 1862","sortOrder":126},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 om 2009 No. 24 s 1862","sortOrder":127},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 om 2009 No. 24 s 1862","sortOrder":128},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":129},{"sectionNumber":"sec.65","sectionType":"section","heading":"Delegations","content":"### sec.65 Delegations\n\nThe commissioner may delegate the commissioner’s powers under this Act to an appropriately qualified officer or employee of the department.\nIn addition, the commissioner may delegate the commissioner’s powers under part 4 in relation to a first home owner grant to the authority responsible for administering a corresponding law or an appropriately qualified officer or employee of the authority.\ns 65 amd 2020 No. 30 s 4N\n(sec.65-ssec.1) The commissioner may delegate the commissioner’s powers under this Act to an appropriately qualified officer or employee of the department.\n(sec.65-ssec.2) In addition, the commissioner may delegate the commissioner’s powers under part 4 in relation to a first home owner grant to the authority responsible for administering a corresponding law or an appropriately qualified officer or employee of the authority.","sortOrder":130},{"sectionNumber":"sec.66","sectionType":"section","heading":"Administration agreements","content":"### sec.66 Administration agreements\n\nThe commissioner may, on behalf of the State, enter into an agreement with a financial institution or other person for performing functions related to administering the scheme for payment of first home owner grants established under this Act.\nThe commissioner may, at any time, revoke the agreement.\n(sec.66-ssec.1) The commissioner may, on behalf of the State, enter into an agreement with a financial institution or other person for performing functions related to administering the scheme for payment of first home owner grants established under this Act.\n(sec.66-ssec.2) The commissioner may, at any time, revoke the agreement.","sortOrder":131},{"sectionNumber":"sec.67","sectionType":"section","heading":"Protection from liability","content":"### sec.67 Protection from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act, the RHBBG direction or the home builder direction.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means—\nthe commissioner; or\nan authorised officer; or\nan officer or employee of the department to whom the commissioner has, under section 65 , delegated powers.\ns 67 amd 2020 No. 30 s 4O\n(sec.67-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act, the RHBBG direction or the home builder direction.\n(sec.67-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.67-ssec.3) In this section— official means— the commissioner; or an authorised officer; or an officer or employee of the department to whom the commissioner has, under section 65 , delegated powers.\n- (a) the commissioner; or\n- (b) an authorised officer; or\n- (c) an officer or employee of the department to whom the commissioner has, under section 65 , delegated powers.","sortOrder":132},{"sectionNumber":"sec.68","sectionType":"section","heading":"Offence to disclose confidential information","content":"### sec.68 Offence to disclose confidential information\n\nThis section applies to a person who—\nis or has been engaged in the administration of this Act, the RHBBG direction or the home builder direction, including an employee of an agent of the commissioner; or\nhas obtained access to confidential information, whether directly or indirectly, from a person mentioned in paragraph (a) .\nThe person must not disclose confidential information acquired by the person to anyone else other than under subsection (3) or (4) .\nMaximum penalty—100 penalty units.\nThe person may disclose confidential information—\nat the request, or with the consent of, the person to whom the information relates or someone else acting on the person’s behalf; or\nif the disclosure is expressly permitted or required under another Act; or\nin connection with the administration or enforcement of—\nthis Act, the RHBBG direction, the home builder direction or a corresponding law; or\na taxation law; or\nthe First Home Saver Accounts Act 2008 (Cwlth) ; or\nfor a legal proceeding under this Act; or\nto the extent required to comply with the agreement between the Commonwealth and the State called ‘National Partnership on HomeBuilder’.\nAlso, if the commissioner becomes aware, from information obtained or held by the commissioner in the course of administering this Act, the RHBBG direction or the home builder direction, of a particular offence or suspected offence (whether against this Act or another law), the commissioner may disclose confidential information about the offence or suspected offence to a member of the Queensland Police Service or the Australian Federal Police for an investigation or proceeding (including for starting an investigation or proceeding).\nFor a proceeding other than a legal proceeding under this Act, the person can not be compelled to disclose to a court or QCAT or to a party—\nconfidential information; or\nwhether or not the person has received particular confidential information; or\nthe identity of the source of particular confidential information.\nIf, under subsection (3) (c) , confidential information is disclosed to another person in connection with the administration or enforcement of a law, the RHBBG direction or the home builder direction, the person must not disclose the information to anyone else other than in connection with that purpose.\nMaximum penalty—100 penalty units.\nIn this section—\nconfidential information means information held by the commissioner, including information given on an application under this Act, that relates to a particular application for a first home owner grant, regional home building boost grant or home builder grant.\ns 68 amd 2001 No. 72 s 164 sch 1 ; 2008 No. 75 s 52 ; 2009 No. 24 s 1863 ; 2010 No. 11 s 72 ; 2020 No. 30 s 4P\n(sec.68-ssec.1) This section applies to a person who— is or has been engaged in the administration of this Act, the RHBBG direction or the home builder direction, including an employee of an agent of the commissioner; or has obtained access to confidential information, whether directly or indirectly, from a person mentioned in paragraph (a) .\n(sec.68-ssec.2) The person must not disclose confidential information acquired by the person to anyone else other than under subsection (3) or (4) . Maximum penalty—100 penalty units.\n(sec.68-ssec.3) The person may disclose confidential information— at the request, or with the consent of, the person to whom the information relates or someone else acting on the person’s behalf; or if the disclosure is expressly permitted or required under another Act; or in connection with the administration or enforcement of— this Act, the RHBBG direction, the home builder direction or a corresponding law; or a taxation law; or the First Home Saver Accounts Act 2008 (Cwlth) ; or for a legal proceeding under this Act; or to the extent required to comply with the agreement between the Commonwealth and the State called ‘National Partnership on HomeBuilder’.\n(sec.68-ssec.4) Also, if the commissioner becomes aware, from information obtained or held by the commissioner in the course of administering this Act, the RHBBG direction or the home builder direction, of a particular offence or suspected offence (whether against this Act or another law), the commissioner may disclose confidential information about the offence or suspected offence to a member of the Queensland Police Service or the Australian Federal Police for an investigation or proceeding (including for starting an investigation or proceeding).\n(sec.68-ssec.5) For a proceeding other than a legal proceeding under this Act, the person can not be compelled to disclose to a court or QCAT or to a party— confidential information; or whether or not the person has received particular confidential information; or the identity of the source of particular confidential information.\n(sec.68-ssec.6) If, under subsection (3) (c) , confidential information is disclosed to another person in connection with the administration or enforcement of a law, the RHBBG direction or the home builder direction, the person must not disclose the information to anyone else other than in connection with that purpose. Maximum penalty—100 penalty units.\n(sec.68-ssec.7) In this section— confidential information means information held by the commissioner, including information given on an application under this Act, that relates to a particular application for a first home owner grant, regional home building boost grant or home builder grant.\n- (a) is or has been engaged in the administration of this Act, the RHBBG direction or the home builder direction, including an employee of an agent of the commissioner; or\n- (b) has obtained access to confidential information, whether directly or indirectly, from a person mentioned in paragraph (a) .\n- (a) at the request, or with the consent of, the person to whom the information relates or someone else acting on the person’s behalf; or\n- (b) if the disclosure is expressly permitted or required under another Act; or\n- (c) in connection with the administration or enforcement of— (i) this Act, the RHBBG direction, the home builder direction or a corresponding law; or (ii) a taxation law; or (iii) the First Home Saver Accounts Act 2008 (Cwlth) ; or\n- (i) this Act, the RHBBG direction, the home builder direction or a corresponding law; or\n- (ii) a taxation law; or\n- (iii) the First Home Saver Accounts Act 2008 (Cwlth) ; or\n- (d) for a legal proceeding under this Act; or\n- (e) to the extent required to comply with the agreement between the Commonwealth and the State called ‘National Partnership on HomeBuilder’.\n- (i) this Act, the RHBBG direction, the home builder direction or a corresponding law; or\n- (ii) a taxation law; or\n- (iii) the First Home Saver Accounts Act 2008 (Cwlth) ; or\n- (a) confidential information; or\n- (b) whether or not the person has received particular confidential information; or\n- (c) the identity of the source of particular confidential information.","sortOrder":133},{"sectionNumber":"sec.69","sectionType":"section","heading":"Use of information obtained under taxation laws","content":"### sec.69 Use of information obtained under taxation laws\n\nThe commissioner may use information obtained in the administration or enforcement of a taxation law for the administration or enforcement of this Act.","sortOrder":134},{"sectionNumber":"sec.69A","sectionType":"section","heading":"Disqualifying arrangements for first home owner grants","content":"### sec.69A Disqualifying arrangements for first home owner grants\n\nA disqualifying arrangement exists in relation to an application for a first home owner grant if—\na related person of an applicant for the application provides or will provide financial help to the applicant, directly or indirectly, to help the applicant enter into the eligible transaction to which the application relates; and\nthe related person has used, or will use, the home the subject of the eligible transaction, frequently or otherwise to a significant extent, in addition to any use of the home by the applicant; and\nthe related person would not be eligible for the grant had the related person entered into the eligible transaction; and\nthe commissioner is not satisfied that in the circumstances there are genuine family reasons for the matters mentioned in paragraphs (a) and (b) .\nWithout limiting subsection (1) (a) , any of the following may be taken to be financial help provided by the related person—\nthe related person makes a gift of money or property, whether or not the gift is enough to meet all of the applicant’s obligations under the eligible transaction;\nthe related person makes a contribution towards the cost of—\nthe applicant complying with his or her obligations under the eligible transaction; or\nmaintaining the home the subject of the eligible transaction;\nthe related person makes a loan repayment for the applicant in relation to the eligible transaction;\nthe related person forgives loan repayments otherwise owed by the applicant to the related person.\nA disqualifying arrangement exists in relation to an application for a first home owner grant if the commissioner is satisfied—\nthere is an arrangement the sole or main purpose of which is to obtain a first home owner grant, rather than acquiring a home; and\nthe application is made for the purposes of the arrangement.\nFor subsection (3) , the commissioner must have regard to the following—\nthe way the eligible transaction was entered into or carried out;\nthe nature of the connection, whether business, family or another connection, between the parties to the eligible transaction;\nthe amount of consideration payable under the eligible transaction;\nthe value of the home the subject of the eligible transaction;\nthe living and family arrangements of the applicant and any related person;\nthe financial circumstances of the applicant;\nthe source of funds used to complete the eligible transaction and meet the costs of owning and maintaining the home the subject of the eligible transaction.\nSubsection (4) does not limit the matters to which the commissioner may or ought to have regard for subsection (3) .\nIf a disqualifying arrangement exists in relation to an application for a first home owner grant the commissioner may—\nif the application has not yet been approved—refuse the application; or\nif the application was approved but the grant has not yet been paid—reverse the decision on the application and refuse to pay the grant; or\nif the grant has already been paid—reverse the decision on the application and act under section 47 to recover the grant as an error amount, and to recover any penalty amount imposed under the section.\nThe commissioner must give the applicant reasons for taking action under this section.\nIn this section—\nrelated person , of an applicant, means—\na parent, child, grandparent, sibling, uncle or aunt of the applicant; or\nthe spouse of any person mentioned in paragraph (a) .\ns 69A ins 2003 No. 90 s 10\namd 2020 No. 30 s 4Q\n(sec.69A-ssec.1) A disqualifying arrangement exists in relation to an application for a first home owner grant if— a related person of an applicant for the application provides or will provide financial help to the applicant, directly or indirectly, to help the applicant enter into the eligible transaction to which the application relates; and the related person has used, or will use, the home the subject of the eligible transaction, frequently or otherwise to a significant extent, in addition to any use of the home by the applicant; and the related person would not be eligible for the grant had the related person entered into the eligible transaction; and the commissioner is not satisfied that in the circumstances there are genuine family reasons for the matters mentioned in paragraphs (a) and (b) .\n(sec.69A-ssec.2) Without limiting subsection (1) (a) , any of the following may be taken to be financial help provided by the related person— the related person makes a gift of money or property, whether or not the gift is enough to meet all of the applicant’s obligations under the eligible transaction; the related person makes a contribution towards the cost of— the applicant complying with his or her obligations under the eligible transaction; or maintaining the home the subject of the eligible transaction; the related person makes a loan repayment for the applicant in relation to the eligible transaction; the related person forgives loan repayments otherwise owed by the applicant to the related person.\n(sec.69A-ssec.3) A disqualifying arrangement exists in relation to an application for a first home owner grant if the commissioner is satisfied— there is an arrangement the sole or main purpose of which is to obtain a first home owner grant, rather than acquiring a home; and the application is made for the purposes of the arrangement.\n(sec.69A-ssec.4) For subsection (3) , the commissioner must have regard to the following— the way the eligible transaction was entered into or carried out; the nature of the connection, whether business, family or another connection, between the parties to the eligible transaction; the amount of consideration payable under the eligible transaction; the value of the home the subject of the eligible transaction; the living and family arrangements of the applicant and any related person; the financial circumstances of the applicant; the source of funds used to complete the eligible transaction and meet the costs of owning and maintaining the home the subject of the eligible transaction.\n(sec.69A-ssec.5) Subsection (4) does not limit the matters to which the commissioner may or ought to have regard for subsection (3) .\n(sec.69A-ssec.6) If a disqualifying arrangement exists in relation to an application for a first home owner grant the commissioner may— if the application has not yet been approved—refuse the application; or if the application was approved but the grant has not yet been paid—reverse the decision on the application and refuse to pay the grant; or if the grant has already been paid—reverse the decision on the application and act under section 47 to recover the grant as an error amount, and to recover any penalty amount imposed under the section.\n(sec.69A-ssec.7) The commissioner must give the applicant reasons for taking action under this section.\n(sec.69A-ssec.8) In this section— related person , of an applicant, means— a parent, child, grandparent, sibling, uncle or aunt of the applicant; or the spouse of any person mentioned in paragraph (a) .\n- (a) a related person of an applicant for the application provides or will provide financial help to the applicant, directly or indirectly, to help the applicant enter into the eligible transaction to which the application relates; and\n- (b) the related person has used, or will use, the home the subject of the eligible transaction, frequently or otherwise to a significant extent, in addition to any use of the home by the applicant; and\n- (c) the related person would not be eligible for the grant had the related person entered into the eligible transaction; and\n- (d) the commissioner is not satisfied that in the circumstances there are genuine family reasons for the matters mentioned in paragraphs (a) and (b) .\n- (a) the related person makes a gift of money or property, whether or not the gift is enough to meet all of the applicant’s obligations under the eligible transaction;\n- (b) the related person makes a contribution towards the cost of— (i) the applicant complying with his or her obligations under the eligible transaction; or (ii) maintaining the home the subject of the eligible transaction;\n- (i) the applicant complying with his or her obligations under the eligible transaction; or\n- (ii) maintaining the home the subject of the eligible transaction;\n- (c) the related person makes a loan repayment for the applicant in relation to the eligible transaction;\n- (d) the related person forgives loan repayments otherwise owed by the applicant to the related person.\n- (i) the applicant complying with his or her obligations under the eligible transaction; or\n- (ii) maintaining the home the subject of the eligible transaction;\n- (a) there is an arrangement the sole or main purpose of which is to obtain a first home owner grant, rather than acquiring a home; and\n- (b) the application is made for the purposes of the arrangement.\n- (a) the way the eligible transaction was entered into or carried out;\n- (b) the nature of the connection, whether business, family or another connection, between the parties to the eligible transaction;\n- (c) the amount of consideration payable under the eligible transaction;\n- (d) the value of the home the subject of the eligible transaction;\n- (e) the living and family arrangements of the applicant and any related person;\n- (f) the financial circumstances of the applicant;\n- (g) the source of funds used to complete the eligible transaction and meet the costs of owning and maintaining the home the subject of the eligible transaction.\n- (a) if the application has not yet been approved—refuse the application; or\n- (b) if the application was approved but the grant has not yet been paid—reverse the decision on the application and refuse to pay the grant; or\n- (c) if the grant has already been paid—reverse the decision on the application and act under section 47 to recover the grant as an error amount, and to recover any penalty amount imposed under the section.\n- (a) a parent, child, grandparent, sibling, uncle or aunt of the applicant; or\n- (b) the spouse of any person mentioned in paragraph (a) .","sortOrder":135},{"sectionNumber":"sec.69B","sectionType":"section","heading":"Valuation or evidence of value of property","content":"### sec.69B Valuation or evidence of value of property\n\nFor determining whether a transaction is an eligible transaction, eligible RHBBG transaction or eligible home builder transaction, the commissioner may—\nby notice given to a relevant person, require the person to lodge a valuation of property prepared by a registered valuer or to provide the other evidence of value the commissioner considers appropriate; or\nhave property valued; or\nrely on a valuation of property prepared by a registered valuer, or other person the commissioner is satisfied is properly qualified to provide evidence of value of the property.\nIf the commissioner is not satisfied with the valuation or evidence lodged or provided under subsection (1) (a) , the commissioner may—\nhave the property valued; or\nrely on a valuation of the property prepared by a registered valuer, or another person the commissioner is satisfied is properly qualified to provide evidence of value of the property.\nThe commissioner may recover the cost of obtaining a valuation under this section from the relevant person.\nIn this section—\nproperty means—\nin relation to a first home owner grant—\na home; or\nland; or\na relevant interest in land; or\nin relation to a regional home building boost grant—\na home within the meaning of the RHBBG direction; or\nland; or\nan estate in fee simple in land; or\nin relation to a home builder grant—\na home within the meaning of the home builder direction; or\nland; or\nan estate in fee simple in land.\nregistered valuer means a valuer registered under the Valuers Registration Act 1992 .\nrelevant person means—\nan applicant for a first home owner grant, regional home building boost grant or home builder grant in relation to the transaction; or\na former applicant for a first home owner grant, regional home building boost grant or home builder grant in relation to the transaction.\ns 69B ins 2008 No. 75 s 53\namd 2020 No. 30 s 4R\n(sec.69B-ssec.1) For determining whether a transaction is an eligible transaction, eligible RHBBG transaction or eligible home builder transaction, the commissioner may— by notice given to a relevant person, require the person to lodge a valuation of property prepared by a registered valuer or to provide the other evidence of value the commissioner considers appropriate; or have property valued; or rely on a valuation of property prepared by a registered valuer, or other person the commissioner is satisfied is properly qualified to provide evidence of value of the property.\n(sec.69B-ssec.2) If the commissioner is not satisfied with the valuation or evidence lodged or provided under subsection (1) (a) , the commissioner may— have the property valued; or rely on a valuation of the property prepared by a registered valuer, or another person the commissioner is satisfied is properly qualified to provide evidence of value of the property.\n(sec.69B-ssec.3) The commissioner may recover the cost of obtaining a valuation under this section from the relevant person.\n(sec.69B-ssec.4) In this section— property means— in relation to a first home owner grant— a home; or land; or a relevant interest in land; or in relation to a regional home building boost grant— a home within the meaning of the RHBBG direction; or land; or an estate in fee simple in land; or in relation to a home builder grant— a home within the meaning of the home builder direction; or land; or an estate in fee simple in land. registered valuer means a valuer registered under the Valuers Registration Act 1992 . relevant person means— an applicant for a first home owner grant, regional home building boost grant or home builder grant in relation to the transaction; or a former applicant for a first home owner grant, regional home building boost grant or home builder grant in relation to the transaction.\n- (a) by notice given to a relevant person, require the person to lodge a valuation of property prepared by a registered valuer or to provide the other evidence of value the commissioner considers appropriate; or\n- (b) have property valued; or\n- (c) rely on a valuation of property prepared by a registered valuer, or other person the commissioner is satisfied is properly qualified to provide evidence of value of the property.\n- (a) have the property valued; or\n- (b) rely on a valuation of the property prepared by a registered valuer, or another person the commissioner is satisfied is properly qualified to provide evidence of value of the property.\n- (a) in relation to a first home owner grant— (i) a home; or (ii) land; or (iii) a relevant interest in land; or\n- (i) a home; or\n- (ii) land; or\n- (iii) a relevant interest in land; or\n- (b) in relation to a regional home building boost grant— (i) a home within the meaning of the RHBBG direction; or (ii) land; or (iii) an estate in fee simple in land; or\n- (i) a home within the meaning of the RHBBG direction; or\n- (ii) land; or\n- (iii) an estate in fee simple in land; or\n- (c) in relation to a home builder grant— (i) a home within the meaning of the home builder direction; or (ii) land; or (iii) an estate in fee simple in land.\n- (i) a home within the meaning of the home builder direction; or\n- (ii) land; or\n- (iii) an estate in fee simple in land.\n- (i) a home; or\n- (ii) land; or\n- (iii) a relevant interest in land; or\n- (i) a home within the meaning of the RHBBG direction; or\n- (ii) land; or\n- (iii) an estate in fee simple in land; or\n- (i) a home within the meaning of the home builder direction; or\n- (ii) land; or\n- (iii) an estate in fee simple in land.\n- (a) an applicant for a first home owner grant, regional home building boost grant or home builder grant in relation to the transaction; or\n- (b) a former applicant for a first home owner grant, regional home building boost grant or home builder grant in relation to the transaction.","sortOrder":136},{"sectionNumber":"sec.70","sectionType":"section","heading":"Approved forms","content":"### sec.70 Approved forms\n\nThe commissioner may approve forms for use under this Act.\nThe approved form of application for a first home owner grant, or part of the form, may be required to be completed or signed by the spouse of the applicant.\n(sec.70-ssec.1) The commissioner may approve forms for use under this Act.\n(sec.70-ssec.2) The approved form of application for a first home owner grant, or part of the form, may be required to be completed or signed by the spouse of the applicant.","sortOrder":137},{"sectionNumber":"sec.70A","sectionType":"section","heading":"Commissioner may arrange for use of an approved information system to make particular decisions","content":"### sec.70A Commissioner may arrange for use of an approved information system to make particular decisions\n\nThe commissioner may approve an information system for this section.\nThe commissioner may arrange for the use of an approved information system for any purposes for which the commissioner may make a relevant decision under this Act.\nA relevant decision made by the operation of an approved information system under an arrangement made under subsection (2) is taken to be a decision made by the commissioner.\nIn this section—\napproved information system means an information system approved by the commissioner under subsection (1) .\nelectronic communication means—\na communication of information in the form of data, text or images by guided or unguided electromagnetic energy; or\na communication of information in the form of sound by guided or unguided electromagnetic energy, if the sound is processed at its destination by an automated voice recognition system.\ninformation system means a system for generating, sending, receiving, storing or otherwise processing electronic communications.\nrelevant decision means a decision that does not involve the exercise of the commissioner’s discretion.\ns 70A ins 2009 No. 19 s 25\n(sec.70A-ssec.1) The commissioner may approve an information system for this section.\n(sec.70A-ssec.2) The commissioner may arrange for the use of an approved information system for any purposes for which the commissioner may make a relevant decision under this Act.\n(sec.70A-ssec.3) A relevant decision made by the operation of an approved information system under an arrangement made under subsection (2) is taken to be a decision made by the commissioner.\n(sec.70A-ssec.4) In this section— approved information system means an information system approved by the commissioner under subsection (1) . electronic communication means— a communication of information in the form of data, text or images by guided or unguided electromagnetic energy; or a communication of information in the form of sound by guided or unguided electromagnetic energy, if the sound is processed at its destination by an automated voice recognition system. information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications. relevant decision means a decision that does not involve the exercise of the commissioner’s discretion.\n- (a) a communication of information in the form of data, text or images by guided or unguided electromagnetic energy; or\n- (b) a communication of information in the form of sound by guided or unguided electromagnetic energy, if the sound is processed at its destination by an automated voice recognition system.","sortOrder":138},{"sectionNumber":"sec.71","sectionType":"section","heading":"Regulation-making power","content":"### sec.71 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation.\n(sec.71-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.71-ssec.2) A regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation.","sortOrder":139},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions for First Home Owner Grant Amendment Act 2003","content":"# Transitional provisions for First Home Owner Grant Amendment Act 2003","sortOrder":140},{"sectionNumber":"sec.72","sectionType":"section","heading":"Continuing operation of Act for particular eligible transactions","content":"### sec.72 Continuing operation of Act for particular eligible transactions\n\nThis Act continues to apply in relation to a relevant application as if this Act had not been amended by the relevant provisions of the amending Act.\nIn this section—\namending Act means the First Home Owner Grant Amendment Act 2003 .\nrelevant application means an application for a first home owner grant, if the commencement date for the eligible transaction to which the application relates is a date earlier than 1 January 2004.\nrelevant provisions , of the amending Act, means the provisions of the amending Act commencing on the day this section commences, other than section 5.\ns 72 prev pt 7 ins 2001 No. 21 s 5 (retro)\nom 2002 No. 17 s 18 (retro)\npres pt 7 ins 2003 No. 90 s 11\n(sec.72-ssec.1) This Act continues to apply in relation to a relevant application as if this Act had not been amended by the relevant provisions of the amending Act.\n(sec.72-ssec.2) In this section— amending Act means the First Home Owner Grant Amendment Act 2003 . relevant application means an application for a first home owner grant, if the commencement date for the eligible transaction to which the application relates is a date earlier than 1 January 2004. relevant provisions , of the amending Act, means the provisions of the amending Act commencing on the day this section commences, other than section 5.","sortOrder":141},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions for Revenue and Other Legislation Amendment Act (No. 2) 2008","content":"# Transitional provisions for Revenue and Other Legislation Amendment Act (No. 2) 2008","sortOrder":142},{"sectionNumber":"sec.73","sectionType":"section","heading":"Continuing operation of Act for particular eligible transactions","content":"### sec.73 Continuing operation of Act for particular eligible transactions\n\nThis Act continues to apply in relation to a relevant application as if this Act had not been amended by part 4 of the amending Act, other than sections 49 to 52, 54 (to the extent it inserts new section 74) and 55 (to the extent it inserts new definitions new home and special eligible transaction ).\nIn this section—\namending Act means the Revenue and Other Legislation Amendment Act (No. 2) 2008 .\nrelevant application means an application for a first home owner grant, if the commencement date for the eligible transaction to which the application relates is a date earlier than 1 January 2010.\ns 73 ins 2008 No. 75 s 54 (amd 2009 No. 22 s 51 )\n(sec.73-ssec.1) This Act continues to apply in relation to a relevant application as if this Act had not been amended by part 4 of the amending Act, other than sections 49 to 52, 54 (to the extent it inserts new section 74) and 55 (to the extent it inserts new definitions new home and special eligible transaction ).\n(sec.73-ssec.2) In this section— amending Act means the Revenue and Other Legislation Amendment Act (No. 2) 2008 . relevant application means an application for a first home owner grant, if the commencement date for the eligible transaction to which the application relates is a date earlier than 1 January 2010.","sortOrder":143},{"sectionNumber":"sec.74","sectionType":"section","heading":"Transitional provision for particular approved form","content":"### sec.74 Transitional provision for particular approved form\n\nThis section applies to the first publication in the gazette, on or after the commencement of this section, of a notice under the Statutory Instruments Act 1992 , section 58(6)(a) relating to the approval or availability of a relevant form.\nThe publication is taken to have been effective on and from 14 October 2008.\nIn this section—\nrelevant form means a form for making an application for a first home owner grant for a special eligible transaction.\nspecial eligible transaction see section 25B.\ns 74 ins 2008 No. 75 s 54\n(sec.74-ssec.1) This section applies to the first publication in the gazette, on or after the commencement of this section, of a notice under the Statutory Instruments Act 1992 , section 58(6)(a) relating to the approval or availability of a relevant form.\n(sec.74-ssec.2) The publication is taken to have been effective on and from 14 October 2008.\n(sec.74-ssec.3) In this section— relevant form means a form for making an application for a first home owner grant for a special eligible transaction. special eligible transaction see section 25B.","sortOrder":144},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions for Revenue and Other Legislation Amendment Act 2010","content":"# Transitional provisions for Revenue and Other Legislation Amendment Act 2010","sortOrder":145},{"sectionNumber":"sec.75","sectionType":"section","heading":"Definition for pt 9","content":"### sec.75 Definition for pt 9\n\nIn this part—\namending Act means the Revenue and Other Legislation Amendment Act 2010 .\ns 75 ins 2010 No. 11 s 73","sortOrder":146},{"sectionNumber":"sec.76","sectionType":"section","heading":"Continuing operation of pre-amended s 5","content":"### sec.76 Continuing operation of pre-amended s 5\n\nSection 5 as in force immediately before its amendment by the amending Act continues to apply in relation to an application for a first home owner grant if the commencement date for the eligible transaction to which the application relates is before 31 March 2010.\ns 76 ins 2010 No. 11 s 73","sortOrder":147},{"sectionNumber":"sec.77","sectionType":"section","heading":"Charge mentioned in s 49","content":"### sec.77 Charge mentioned in s 49\n\nSection 49 as in force immediately before its amendment by the amending Act continues to apply to a liability in relation to a grant the payment of which was authorised before the amendment.\ns 77 ins 2010 No. 11 s 73","sortOrder":148},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provision for Revenue and Other Legislation Amendment Act 2011","content":"# Transitional provision for Revenue and Other Legislation Amendment Act 2011","sortOrder":149},{"sectionNumber":"sec.78","sectionType":"section","heading":"Continuing operation of pre-amended s 55","content":"### sec.78 Continuing operation of pre-amended s 55\n\nThis section applies to an offence against this Act, if the act or omission constituting the offence happened before the commencement of this section.\nWithout limiting the Acts Interpretation Act 1954 , section 20, section 55 as in force before the commencement of this section continues to apply in relation to the offence.\ns 78 ins 2011 No. 8 s 51\n(sec.78-ssec.1) This section applies to an offence against this Act, if the act or omission constituting the offence happened before the commencement of this section.\n(sec.78-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, section 55 as in force before the commencement of this section continues to apply in relation to the offence.","sortOrder":150},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional provisions for Fiscal Repair Amendment Act 2012","content":"# Transitional provisions for Fiscal Repair Amendment Act 2012","sortOrder":151},{"sectionNumber":"sec.79","sectionType":"section","heading":"Continuing operation of Act for eligible transactions with commencement date before 12 September 2012","content":"### sec.79 Continuing operation of Act for eligible transactions with commencement date before 12 September 2012\n\nThis section applies in relation to an eligible transaction if the commencement date for the transaction is a date before 12 September 2012.\nThis Act continues to apply in relation to the eligible transaction as if this Act had not been amended by the Fiscal Repair Amendment Act 2012 , part 3, division 2.\ns 79 ins 2012 No. 25 s 13 (retro)\n(sec.79-ssec.1) This section applies in relation to an eligible transaction if the commencement date for the transaction is a date before 12 September 2012.\n(sec.79-ssec.2) This Act continues to apply in relation to the eligible transaction as if this Act had not been amended by the Fiscal Repair Amendment Act 2012 , part 3, division 2.","sortOrder":152},{"sectionNumber":"sec.80","sectionType":"section","heading":"Application of s 20(1)(b) to particular contracts","content":"### sec.80 Application of s 20(1)(b) to particular contracts\n\nThis section applies to an eligible transaction mentioned in section 5(1)(a) or (b) made on or after 12 September 2012 if the commissioner is satisfied the transaction forms part of a scheme to obtain an increased amount of a first home owner grant under section 20 as amended by the Fiscal Repair Amendment Act 2012 .\nUnless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (1) if the contract that is the eligible transaction replaces a contract to purchase, or a comprehensive home building contract to build, the same or substantially similar new home that was made before 12 September 2012.\nDespite section 20, the amount of a first home owner grant for the eligible transaction is the lesser of the following—\nthe consideration for the transaction;\n$7000.\ns 80 ins 2012 No. 25 s 13 (retro)\n(sec.80-ssec.1) This section applies to an eligible transaction mentioned in section 5(1)(a) or (b) made on or after 12 September 2012 if the commissioner is satisfied the transaction forms part of a scheme to obtain an increased amount of a first home owner grant under section 20 as amended by the Fiscal Repair Amendment Act 2012 .\n(sec.80-ssec.2) Unless satisfied to the contrary, the commissioner must presume the existence of a scheme mentioned in subsection (1) if the contract that is the eligible transaction replaces a contract to purchase, or a comprehensive home building contract to build, the same or substantially similar new home that was made before 12 September 2012.\n(sec.80-ssec.3) Despite section 20, the amount of a first home owner grant for the eligible transaction is the lesser of the following— the consideration for the transaction; $7000.\n- (a) the consideration for the transaction;\n- (b) $7000.","sortOrder":153},{"sectionNumber":"sec.81","sectionType":"section","heading":"Continuing operation of Act for particular eligible transactions with commencement date earlier than 11 October 2012","content":"### sec.81 Continuing operation of Act for particular eligible transactions with commencement date earlier than 11 October 2012\n\nThis section applies in relation to an eligible transaction if the commencement date for the transaction is on or after 12 September 2012 but before 11 October 2012.\nThis Act as in force on 12 September 2012 continues to apply in relation to the eligible transaction as if this Act had not been amended by the Fiscal Repair Amendment Act 2012 , part 3 , division 3 .\ns 81 ins 2012 No. 25 s 18\n(sec.81-ssec.1) This section applies in relation to an eligible transaction if the commencement date for the transaction is on or after 12 September 2012 but before 11 October 2012.\n(sec.81-ssec.2) This Act as in force on 12 September 2012 continues to apply in relation to the eligible transaction as if this Act had not been amended by the Fiscal Repair Amendment Act 2012 , part 3 , division 3 .","sortOrder":154},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional provision for Payroll Tax Rebate, Revenue and Other Legislation Amendment Act 2015","content":"# Transitional provision for Payroll Tax Rebate, Revenue and Other Legislation Amendment Act 2015","sortOrder":155},{"sectionNumber":"sec.82","sectionType":"section","heading":"Application of s 15","content":"### sec.82 Application of s 15\n\nSection 15(5) applies in relation to an approval or exemption given by the commissioner on or after 4 July 2013.\ns 82 ins 2015 No. 4 s 61","sortOrder":156},{"sectionNumber":"pt.13","sectionType":"part","heading":"Transitional provisions for Royalty Legislation Amendment Act 2020","content":"# Transitional provisions for Royalty Legislation Amendment Act 2020","sortOrder":157},{"sectionNumber":"sec.83","sectionType":"section","heading":"Application of Act for pre-commencement applications and relevant decisions","content":"### sec.83 Application of Act for pre-commencement applications and relevant decisions\n\nThis Act applies in relation to a pre-commencement application or relevant decision as if it were an application or decision made under this Act.\nHowever, if it is an offence for a person to contravene a provision of this Act, the provision applies in relation to a pre-commencement application or relevant decision, or the grant to which the application or decision relates, only if the act or omission constituting the offence occurs wholly after the commencement.\nFor section 56(3), an objection to a relevant decision made before the commencement must be lodged within 60 days after the commencement.\nIn this section—\npre-commencement application means an application for a grant made under the RHBBG direction or home builder direction before the commencement.\nrelevant decision means a decision by the commissioner on a pre-commencement application for a regional home building boost grant or home builder grant, whether the decision is made before or after the commencement.\ns 83 ins 2020 No. 30 s 4S\n(sec.83-ssec.1) This Act applies in relation to a pre-commencement application or relevant decision as if it were an application or decision made under this Act.\n(sec.83-ssec.2) However, if it is an offence for a person to contravene a provision of this Act, the provision applies in relation to a pre-commencement application or relevant decision, or the grant to which the application or decision relates, only if the act or omission constituting the offence occurs wholly after the commencement.\n(sec.83-ssec.3) For section 56(3), an objection to a relevant decision made before the commencement must be lodged within 60 days after the commencement.\n(sec.83-ssec.4) In this section— pre-commencement application means an application for a grant made under the RHBBG direction or home builder direction before the commencement. relevant decision means a decision by the commissioner on a pre-commencement application for a regional home building boost grant or home builder grant, whether the decision is made before or after the commencement.","sortOrder":158},{"sectionNumber":"sec.84","sectionType":"section","heading":"Protection from liability for particular officials","content":"### sec.84 Protection from liability for particular officials\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under the RHBBG direction or home builder direction before the commencement.\nIn this section—\nofficial means—\nthe commissioner; or\nan officer or employee of the department to whom the commissioner has delegated powers under the RHBBG direction or home builder direction.\ns 84 ins 2020 No. 30 s 4S\n(sec.84-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under the RHBBG direction or home builder direction before the commencement.\n(sec.84-ssec.2) In this section— official means— the commissioner; or an officer or employee of the department to whom the commissioner has delegated powers under the RHBBG direction or home builder direction.\n- (a) the commissioner; or\n- (b) an officer or employee of the department to whom the commissioner has delegated powers under the RHBBG direction or home builder direction.","sortOrder":159},{"sectionNumber":"sec.85","sectionType":"section","heading":"Application of s 68 to particular information","content":"### sec.85 Application of s 68 to particular information\n\nSection 68 applies to information held by the commissioner, whether the information was given before or after the commencement.\ns 85 ins 2020 No. 30 s 4S","sortOrder":160},{"sectionNumber":"sec.86","sectionType":"section","heading":"References to First Home Owner Grant Act 2000","content":"### sec.86 References to First Home Owner Grant Act 2000\n\nA reference in a document to the First Home Owner Grant Act 2000 may, if the context permits, be taken to be a reference to this Act.\ns 86 ins 2020 No. 30 s 4S","sortOrder":161},{"sectionNumber":"pt.14","sectionType":"part","heading":"Validation provision for Revenue and Other Legislation Amendment Act 2024","content":"# Validation provision for Revenue and Other Legislation Amendment Act 2024","sortOrder":162},{"sectionNumber":"sec.87","sectionType":"section","heading":"Applications made before commencement that relate to relevant eligible transactions","content":"### sec.87 Applications made before commencement that relate to relevant eligible transactions\n\nThis section applies if—\nan application under section 16 was made before the commencement of this section; and\nthe eligible transaction to which the application relates—\nis a relevant eligible transaction under section 25EA (1) ; and\nhas a commencement date on or after 20 November 2023 and before the commencement of this section.\nTo remove any doubt, it is declared that—\nthe rights and liabilities of all persons in relation to the application are, and have always been, the same as if part 3 , division 7 had been in force from 20 November 2023; and\nanything done in relation to the application has the same effect, and is taken to have always had the same effect, as it would have had if part 3 , division 7 had been in force from 20 November 2023.\ns 87 ins 2024 No. 35 s 13\n(sec.87-ssec.1) This section applies if— an application under section 16 was made before the commencement of this section; and the eligible transaction to which the application relates— is a relevant eligible transaction under section 25EA (1) ; and has a commencement date on or after 20 November 2023 and before the commencement of this section.\n(sec.87-ssec.2) To remove any doubt, it is declared that— the rights and liabilities of all persons in relation to the application are, and have always been, the same as if part 3 , division 7 had been in force from 20 November 2023; and anything done in relation to the application has the same effect, and is taken to have always had the same effect, as it would have had if part 3 , division 7 had been in force from 20 November 2023.\n- (a) an application under section 16 was made before the commencement of this section; and\n- (b) the eligible transaction to which the application relates— (i) is a relevant eligible transaction under section 25EA (1) ; and (ii) has a commencement date on or after 20 November 2023 and before the commencement of this section.\n- (i) is a relevant eligible transaction under section 25EA (1) ; and\n- (ii) has a commencement date on or after 20 November 2023 and before the commencement of this section.\n- (i) is a relevant eligible transaction under section 25EA (1) ; and\n- (ii) has a commencement date on or after 20 November 2023 and before the commencement of this section.\n- (a) the rights and liabilities of all persons in relation to the application are, and have always been, the same as if part 3 , division 7 had been in force from 20 November 2023; and\n- (b) anything done in relation to the application has the same effect, and is taken to have always had the same effect, as it would have had if part 3 , division 7 had been in force from 20 November 2023.","sortOrder":163}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has been broadened from a single first‑home grant framework to include multiple additional, time‑limited schemes (regional and home‑builder boosts and a post‑2023 relevant eligible transaction regime) and higher temporary payment caps (see Parts 3A, 3B and part 3 division 7: secs 25F–25K, 25O–25W, 25EA–25EB). It also expanded the commissioner’s investigatory, valuation and enforcement powers (secs 25G, 25P, 32, 69B, 47–49A) and contains numerous transitional and validation clauses to preserve or alter coverage for specific contract dates (secs 72–87)."},"complexity_factors":["Multiple overlapping grant types and time‑limited schemes (first home owner grant; special, regional, particular, relevant eligible transactions; RHBBG; HomeBuilder) increasing rules to apply (see Parts 3, 3A, 3B and divs 5–7).","Many technical definitions and thresholds (eligible transaction, new home, relevant interest, unencumbered value, spouse) that determine entitlement and exclusion (secs 5, 6, 8, 8A, 9).","Value and price caps, with alternative caps for special periods and transactions, create multiple payment rules to compare (secs 20, 25C, 25E, 25EB, 25S).","Significant administrative discretion in the commissioner: to authorise pre‑completion payments, grant exemptions or approvals, impose conditions, and presume schemes to circumvent rules (secs 11(2), 19(2), 15(2)–(4), 23, 5(4)–(5)).","Enforcement and recovery architecture: repayment notices, penalties, court orders, priority charge over land, garnishee notices and debt recovery (secs 22–23, 47–51A, 48–49A).","Investigation powers and search/warrant regime for authorised officers, including production requirements, warrants and special warrants, and penal sanctions for false/misleading information (secs 26–41, 32–39, 42–44).","Valuation powers and ability to recover valuation costs from applicants add procedural complexity and compliance burden (sec 69B).","Extensive transitional, retrospective and validation provisions across multiple amendment Acts that change which rules apply to particular transactions and applications (secs 72–87).","Procedural review path with internal objections to the commissioner and external review by QCAT with evidence‑reconsideration limits (secs 25, 56–61)."],"plain_english_summary":"This Act sets up and runs the First Home Owner Grant scheme and related, time‑limited grants (regional, home‑builder and boost grants). It defines who can apply, what transactions and buildings qualify, caps payment amounts, and authorises the commissioner to pay, place conditions on, and recover grants. \n\nIt affects first‑time buyers, owner‑builders and certain related persons. The State (through the commissioner) decides eligibility, applicants must meet residence, citizenship, prior‑ownership and value tests, and non‑compliance can trigger repayment, penalties, land charges and investigations."},"kimi_summary":{"_metrics":{"completionTokens":712},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown substantially beyond its original purpose. Initially a simple first home buyer grant scheme (2000), it now incorporates: (1) multiple temporary stimulus measures with varying amounts and dates; (2) two entirely separate grant programs (Regional Home Building Boost and Home Builder Grants) with their own eligibility criteria; (3) extensive anti-fraud and enforcement machinery; and (4) complex transitional arrangements preserving historical versions of the legislation for different transaction dates. The 2020 amendments alone added Parts 3A and 3B, effectively tripling the grant schemes covered."},"complexity_factors":["Multiple overlapping grant schemes with different eligibility periods, amounts and conditions (First Home Owner Grant, Regional Home Building Boost Grant, Home Builder Grant)","Extensive cross-referencing between Parts and Divisions, particularly for transitional provisions applying different versions of the Act to different time periods","Numerous date-specific thresholds and sunset provisions (e.g., 11 October 2012, 20 November 2023, 30 June 2026)","Complex definition of 'relevant interest' in land with 9 categories plus exceptions (Section 8)","Anti-avoidance provisions with presumptions that shift burden of proof (Sections 5, 25B, 25BA, 25D, 25EA, 69A)","Multiple valuation methodologies for determining property value thresholds (Section 8A)","Detailed enforcement powers including warrant provisions, garnishee notices, and charges over land (Part 4)","14 separate transitional and validation Parts dealing with amendments from 2003-2024"],"plain_english_summary":"This Queensland Act establishes a scheme of **cash grants for people buying or building their first home**. \n\n**What it does**\n- Provides **first home owner grants** of up to **$15,000** (or **$30,000** for transactions between November 2023 and June 2026) to eligible applicants who purchase or build a **new home**\n- Previously also covered existing homes (until October 2012) and included temporary boosted amounts during economic stimulus periods\n- Creates additional grants: **Regional Home Building Boost Grants** (up to $5,000) and **Home Builder Grants** (up to $25,000 during COVID-19 stimulus)\n\n**Who can apply**\n- **Natural persons** aged 18+ (with exemptions possible)\n- **Australian citizens or permanent residents**\n- People who **have not previously owned residential property** in Australia (with some exceptions)\n- People who **have not received a first home owner grant before**\n- Applicants who will **live in the home as their principal residence for at least 6 months**\n\n**Key restrictions**\n- The property value must generally be **under $750,000**\n- Only **one grant per transaction**\n- The Commissioner can refuse applications where **family members provide financial help** and use the home significantly (\"disqualifying arrangements\")\n- The Commissioner can investigate and recover grants paid in error, with **penalties up to double the grant amount** for fraudulent schemes\n\n**Why it matters**\nThis is Queensland's main legislative tool for **housing affordability**, helping first home buyers enter the property market. The Act has expanded significantly from its original 2000 form to include multiple temporary stimulus measures and additional grant types."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act began in 2000 as a straightforward grant scheme for first home buyers purchasing any residential property. Its scope has narrowed in some respects (from 2012, only new homes qualify for the standard grant) but substantially expanded in others: multiple temporary boost periods have been added in response to economic conditions (2008-2009 GFC stimulus, 2010-2011 regional boost, 2016-2018, 2023-2026), grant amounts have increased significantly (from $7,000 to up to $30,000), and an entirely new grant type (the Regional Home Building Boost Grant under Part 3A) was added in 2020. The Act has shifted from a simple universal first home buyer subsidy to a complex, layered policy instrument used to stimulate housing construction and regional development."},"complexity_factors":["Multiple overlapping grant tiers with different dollar amounts applying to different date ranges (2000, 2008-2009, 2010-2011, 2016-2018, 2023-2026), requiring careful date-based analysis","Layered definitions — 'eligible transaction', 'relevant interest', 'new home', 'substantially renovated home', and 'unencumbered value' each have intricate technical definitions that interact with each other","Multiple eligibility criteria that all must be satisfied simultaneously, with discretionary exemptions available for some but not all criteria","Anti-avoidance provisions with presumptions that reverse the burden of proof onto the applicant in certain circumstances","Complex property interest categories for 'relevant interest' covering fee simple, life estates, leases, pastoral leases, company share interests, and regulation-declared interests","Separate regime for Regional Home Building Boost Grant (Part 3A) that operates by cross-reference to an external 'RHBBG direction' document not reproduced in the Act","Spouse/partner definition includes nuanced rules for separated couples, de facto partners living apart, and civil partnerships","Price cap calculations differ depending on the type of transaction (purchase, building contract, or owner-builder), requiring different valuation methods","Retrospective amendments throughout the Act's history, including provisions that were inserted, expired, revived, and substituted, making the historical record difficult to follow","Guardian and legal disability provisions create a separate deemed applicant framework"],"plain_english_summary":"This Queensland law creates the First Home Owner Grant and a Regional Home Building Boost to help eligible first‑home buyers and builders access lump‑sum payments (currently up to $30,000 for new homes, with up to an extra $5,000 regionally). It targets first‑time Australian citizens/permanent residents buying new homes under price caps who intend to live in them; recipients must occupy the home and repay with penalties if they don’t comply."}},"importantCases":[],"_links":{"self":"/api/acts/first-home-owner-grant-and-other-home-owner-grants-act-2000","history":"/api/acts/first-home-owner-grant-and-other-home-owner-grants-act-2000/history","analysis":"/api/acts/first-home-owner-grant-and-other-home-owner-grants-act-2000/analysis","conflicts":"/api/acts/first-home-owner-grant-and-other-home-owner-grants-act-2000/conflicts","importantCases":"/api/acts/first-home-owner-grant-and-other-home-owner-grants-act-2000/important-cases","documents":"/api/acts/first-home-owner-grant-and-other-home-owner-grants-act-2000/documents"}}