Establishes a Building Boost Grant scheme that pays up to $10,000 to eligible purchasers, builders or owner‑builders of new homes in Queensland to stimulate housing activity (s.3; s.32). The State, acting through the commissioner, decides applications, pays grants and enforces rules (s.11; s.31; s.34). Eligibility depends on contract type, timing, ownership and a $600,000 unencumbered‑value cap and includes an occupancy requirement; breaches trigger repayment, penalties and recovery powers including seizure and charges over land (ss.14–18; s.25; ss.35–38; ss.63–87).
The Building Boost Grant Act 2011 establishes a time‑limited scheme for a one‑off cash grant to stimulate Queensland’s housing market by assisting housing affordability, increasing housing supply and supporting construction employment (see s 3). Mechanically, the Act creates eligibility rules for three classes of eligible transactions , eligible home purchase contracts, eligible home building contracts and eligible owner‑builder arrangements (s 6; Pt 2 Divs 2-3). It sets temporal windows for transactions (generally contracts made on or after 1 August 2011 and before 1 May 2012; start/completion deadlines vary by contract type) and monetary ceilings (transactions where the combined unencumbered value/consideration and relevant land interest is less than $600,000) (see ss 13-17, 14(e), 16(f), 17(d)).
The grant for a home is capped at the lesser of the transaction consideration and $10,000 (s 32(1)). Payment mechanics allow the commissioner to authorise payment after decision (s 31) or earlier if satisfied it is appropriate (s 33(2)), and permits payment by EFT, cheque or other methods and to direct payment to a third party at the applicant’s instruction (s 34). The commissioner administers and enforces the Act and may delegate powers and enter administration agreements with financial institutions or agents (s 11, s 102).
The Act sets applicant eligibility: applicants must hold a relevant interest in the land, meet occupancy requirements, and be suitably Australian (individual applicants must be adult Australian citizens or permanent residents; corporations or trustees must be substantially Australian owned) (s 21, s 19). Certain transactions are expressly ineligible, for example where the consideration is $600,000 or more, between related parties except in specified circumstances, or where another Commonwealth/State financial assistance applies beyond certain listed exceptions (s 18). Builders carrying on a business of building homes, the Commonwealth, State and specified government agencies are excluded from eligibility (s 26).
Current sections
Direct links to the current provisions in Building Boost Grant Act 2011.
158
pt.1
Preliminary
Preliminary
pt.1-div.1
Introduction
Introduction
sec.1
Short title
sec.1 Short title
This Act may be cited as the Building Boost Grant Act 2011 .
sec.2
Commencement
sec.2 Commencement
The following provisions are taken to have commenced on 1 August 2011—
part 1 , divisions 2 to 4 , other than section 9 (1) (h) and (4) ;
part 2 , other than sections 18 (e) (vii) , 29 , 32 (2) (c) (iii) and 38(1)(a) and (b)(i) and (iii);
sections 94 , 95 (1) to (3) , 102 , 103 , 105 , 106 and 107 ;
schedule 2 .
Part 7 commences immediately after the commencement of this section.
(sec.2-ssec.1) The following provisions are taken to have commenced on 1 August 2011— part 1 , divisions 2 to 4 , other than section 9 (1) (h) and (4) ; part 2 , other than sections 18 (e) (vii) , 29 , 32 (2) (c) (iii) and 38(1)(a) and (b)(i) and (iii); sections 94 , 95 (1) to (3) , 102 , 103 , 105 , 106 and 107 ; schedule 2 .
(sec.2-ssec.2) Part 7 commences immediately after the commencement of this section.
(a) part 1 , divisions 2 to 4 , other than section 9 (1) (h) and (4) ;
(b) part 2 , other than sections 18 (e) (vii) , 29 , 32 (2) (c) (iii) and 38(1)(a) and (b)(i) and (iii);
(c) sections 94 , 95 (1) to (3) , 102 , 103 , 105 , 106 and 107 ;
(d) schedule 2 .
pt.1-div.2
Purpose of the Act
Purpose of the Act
sec.3
Purpose of Act and its achievement
sec.3 Purpose of Act and its achievement
The purpose of this Act is to stimulate the housing market in Queensland in the following ways—
assisting the affordability of housing;
increasing the supply of housing;
supporting employment in the housing construction industry.
The purpose is achieved mainly by establishing a scheme for payment of a building boost grant.
(sec.3-ssec.1) The purpose of this Act is to stimulate the housing market in Queensland in the following ways— assisting the affordability of housing; increasing the supply of housing; supporting employment in the housing construction industry.
(sec.3-ssec.2) The purpose is achieved mainly by establishing a scheme for payment of a building boost grant.
(a) assisting the affordability of housing;
(b) increasing the supply of housing;
(c) supporting employment in the housing construction industry.
pt.1-div.3
Interpretation
Interpretation
sec.4
Definitions
sec.4 Definitions
The dictionary in the schedule defines particular words used in this Act.
s 4 amd 2011 No. 36 s 122
sec.5
What is a building boost grant
sec.5 What is a building boost grant
Generally, a building boost grant is the grant payable under part 2 .
A reference to a building boost grant for a home is a reference to a building boost grant for an eligible transaction relating to the home.
(sec.5-ssec.1) Generally, a building boost grant is the grant payable under part 2 .
(sec.5-ssec.2) A reference to a building boost grant for a home is a reference to a building boost grant for an eligible transaction relating to the home.
sec.6
What is an eligible transaction
sec.6 What is an eligible transaction
An eligible transaction is any of the following—
an eligible home purchase contract;
an eligible home building contract;
an eligible owner-builder arrangement.
Subsection (1) is subject to section 18 .
(sec.6-ssec.1) An eligible transaction is any of the following— an eligible home purchase contract; an eligible home building contract; an eligible owner-builder arrangement.
(sec.6-ssec.2) Subsection (1) is subject to section 18 .
(a) an eligible home purchase contract;
(b) an eligible home building contract;
(c) an eligible owner-builder arrangement.
sec.7
Meaning of home
sec.7 Meaning of home
A building is a home if—
it is designed, or approved by a local government, for human habitation by a single family unit; and
it is suitable for use, and lawfully able to be used, as a place of residence; and
it is used or intended to be used mainly for residential purposes; and
it is fixed to land; and
the land on which it is fixed is used or intended to be used—
mainly for residential purposes; or
mainly for primary production and for residential purposes.
Despite subsection (1) , if an application is made for a building boost grant for a transaction for which the first home owner grant is paid or payable, a home , in relation to the application, has the same meaning as in the First Home Owner Grant Act .
Despite subsection (1) (c) and (e) , a display home is also a home .
(sec.7-ssec.1) A building is a home if— it is designed, or approved by a local government, for human habitation by a single family unit; and it is suitable for use, and lawfully able to be used, as a place of residence; and it is used or intended to be used mainly for residential purposes; and it is fixed to land; and the land on which it is fixed is used or intended to be used— mainly for residential purposes; or mainly for primary production and for residential purposes.
(sec.7-ssec.2) Despite subsection (1) , if an application is made for a building boost grant for a transaction for which the first home owner grant is paid or payable, a home , in relation to the application, has the same meaning as in the First Home Owner Grant Act .
(sec.7-ssec.3) Despite subsection (1) (c) and (e) , a display home is also a home .
(a) it is designed, or approved by a local government, for human habitation by a single family unit; and
(b) it is suitable for use, and lawfully able to be used, as a place of residence; and
(c) it is used or intended to be used mainly for residential purposes; and
(d) it is fixed to land; and
(e) the land on which it is fixed is used or intended to be used— (i) mainly for residential purposes; or (ii) mainly for primary production and for residential purposes.
(i) mainly for residential purposes; or
(ii) mainly for primary production and for residential purposes.
(i) mainly for residential purposes; or
(ii) mainly for primary production and for residential purposes.
sec.8
Meaning of new home
sec.8 Meaning of new home
A new home is a home that—
has not been previously occupied or transferred as a place of residence; or
is a substantially renovated home.
For subsection (1) (b) , a home is a substantially renovated home if—
the home is the subject of a home purchase contract; 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 transferred as a place of residence.
(sec.8-ssec.1) A new home is a home that— has not been previously occupied or transferred as a place of residence; or is a substantially renovated home.
(sec.8-ssec.2) For subsection (1) (b) , a home is a substantially renovated home if— the home is the subject of a home purchase contract; 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 transferred as a place of residence.
(a) has not been previously occupied or transferred as a place of residence; or
(b) is a substantially renovated home.
(a) the home is the subject of a home purchase contract; and
(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
(c) the home, as renovated, has not been previously occupied or transferred as a place of residence.
sec.9
Meaning of relevant interest
sec.9 Meaning of relevant interest
A relevant interest in land is—
an estate in fee simple in the land; 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 person’s right, given by a relative of the person, to occupy a home that is a detached dwelling built or to be built on land that is a part of land owned by the relative—
under a contract entered into by the person; or
under an owner-builder arrangement; or
a manufactured home owner’s interest in a site agreement for a site on which a manufactured home is positioned; or
a leasehold interest in the land granted by the Commonwealth or the State for which building a home is permitted under the terms of the lease or the Act under which the lease is granted; or
a sublessee’s interest under a lease mentioned in paragraph (e) that is for a term of at least 10 years; or
an interest in a lease granted under—
the Aboriginal Land Act 1991 , section 120 (1) or (2) ; or
the Torres Strait Islander Land Act 1991 , section 85 (1) or (2) ; or
another interest declared under a regulation to be a relevant interest.
Despite subsection (1) , if an application is made for a building boost grant for a transaction for which the first home owner grant is paid or payable, a relevant interest , in relation to the application, has the same meaning as in the First Home Owner Grant Act .
Despite subsections (1) and (2) , 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.
A regulation under subsection (1) (h) 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.
In this section—
manufactured home owner means a home owner under the Manufactured Homes (Residential Parks) Act 2003 , section 8 .
relative , of a person, means—
a parent, grandparent, child, stepchild, brother or sister of the person or the person’s spouse; or
the spouse of anyone mentioned in paragraph (a) .
site agreement see the Manufactured Homes (Residential Parks) Act 2003 , section 14 .
sublessee includes a sub-sublessee.
s 9 amd 2014 No. 45 s 58 sch 1 pt 1 ; 2023 No. 27 s 289 sch 3
(sec.9-ssec.1) A relevant interest in land is— an estate in fee simple in the land; 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 person’s right, given by a relative of the person, to occupy a home that is a detached dwelling built or to be built on land that is a part of land owned by the relative— under a contract entered into by the person; or under an owner-builder arrangement; or a manufactured home owner’s interest in a site agreement for a site on which a manufactured home is positioned; or a leasehold interest in the land granted by the Commonwealth or the State for which building a home is permitted under the terms of the lease or the Act under which the lease is granted; or a sublessee’s interest under a lease mentioned in paragraph (e) that is for a term of at least 10 years; or an interest in a lease granted under— the Aboriginal Land Act 1991 , section 120 (1) or (2) ; or the Torres Strait Islander Land Act 1991 , section 85 (1) or (2) ; or another interest declared under a regulation to be a relevant interest.
(sec.9-ssec.2) Despite subsection (1) , if an application is made for a building boost grant for a transaction for which the first home owner grant is paid or payable, a relevant interest , in relation to the application, has the same meaning as in the First Home Owner Grant Act .
(sec.9-ssec.3) Despite subsections (1) and (2) , 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.
(sec.9-ssec.4) A regulation under subsection (1) (h) 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.
(sec.9-ssec.5) In this section— manufactured home owner means a home owner under the Manufactured Homes (Residential Parks) Act 2003 , section 8 . relative , of a person, means— a parent, grandparent, child, stepchild, brother or sister of the person or the person’s spouse; or the spouse of anyone mentioned in paragraph (a) . site agreement see the Manufactured Homes (Residential Parks) Act 2003 , section 14 . sublessee includes a sub-sublessee.
(a) an estate in fee simple in the land; or
(b) 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
(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
(c) a person’s right, given by a relative of the person, to occupy a home that is a detached dwelling built or to be built on land that is a part of land owned by the relative— (i) under a contract entered into by the person; or (ii) under an owner-builder arrangement; or
(i) under a contract entered into by the person; or
(ii) under an owner-builder arrangement; or
(d) a manufactured home owner’s interest in a site agreement for a site on which a manufactured home is positioned; or
(e) a leasehold interest in the land granted by the Commonwealth or the State for which building a home is permitted under the terms of the lease or the Act under which the lease is granted; or
(f) a sublessee’s interest under a lease mentioned in paragraph (e) that is for a term of at least 10 years; or
(g) an interest in a lease granted under— (i) the Aboriginal Land Act 1991 , section 120 (1) or (2) ; or (ii) the Torres Strait Islander Land Act 1991 , section 85 (1) or (2) ; or
(i) the Aboriginal Land Act 1991 , section 120 (1) or (2) ; or
(ii) the Torres Strait Islander Land Act 1991 , section 85 (1) or (2) ; or
(h) another interest declared under a regulation to be a relevant interest.
(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
(i) under a contract entered into by the person; or
(ii) under an owner-builder arrangement; or
(i) the Aboriginal Land Act 1991 , section 120 (1) or (2) ; or
(ii) the Torres Strait Islander Land Act 1991 , section 85 (1) or (2) ; or
(a) a parent, grandparent, child, stepchild, brother or sister of the person or the person’s spouse; or
(b) the spouse of anyone mentioned in paragraph (a) .
sec.10
Meaning of unencumbered value
sec.10 Meaning of unencumbered value
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.
Also, the unencumbered value of property held by a person on trust must be determined without regard to the liabilities of the trust, including the liability to indemnify the trustee.
In this section—
property means—
a home; or
land; or
a relevant interest in land.
(sec.10-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.
(sec.10-ssec.2) Also, the unencumbered value of property held by a person on trust must be determined without regard to the liabilities of the trust, including the liability to indemnify the trustee.
(sec.10-ssec.3) In this section— property means— a home; or land; or a relevant interest in land.
(a) any encumbrance to which the property is subject, whether contingently or otherwise; or
(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
(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
(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.
(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
(a) a home; or
(b) land; or
(c) a relevant interest in land.
pt.1-div.4
Administration
Administration
sec.11
Commissioner’s functions and powers
sec.11 Commissioner’s functions and powers
The commissioner is responsible for the administration and enforcement of this Act.
The commissioner has the power to do all things necessary or convenient to be done for performing the commissioner’s functions.
Without limiting subsection (2) , the commissioner may, on behalf of the State—
enter into an agreement (an administration agreement ) with a financial institution or other person for performing functions relating to administering the scheme for applications for and payment of building boost grants under this Act; and
revoke an administration agreement.
(sec.11-ssec.1) The commissioner is responsible for the administration and enforcement of this Act.
(sec.11-ssec.2) The commissioner has the power to do all things necessary or convenient to be done for performing the commissioner’s functions.
(sec.11-ssec.3) Without limiting subsection (2) , the commissioner may, on behalf of the State— enter into an agreement (an administration agreement ) with a financial institution or other person for performing functions relating to administering the scheme for applications for and payment of building boost grants under this Act; and revoke an administration agreement.
(a) enter into an agreement (an administration agreement ) with a financial institution or other person for performing functions relating to administering the scheme for applications for and payment of building boost grants under this Act; and
(b) revoke an administration agreement.
pt.2
Building boost grants
Building boost grants
pt.2-div.1
Entitlement to grant
Entitlement to grant
sec.12
Entitlement of applicants to building boost grants
sec.12 Entitlement of applicants to building boost grants
The applicant for a building boost grant is entitled to be paid a building boost grant only if—
the transaction for which the grant is sought—
is an eligible transaction; and
has been completed; and
However, for authorisation of payment of the grant before the completion of the eligible transaction, see section 33 (2) .
the applicant or, if there are 2 or more of them, each of the applicants, complies with the eligibility criteria under division 3 ; and
the application for the grant is properly made.
(a) the transaction for which the grant is sought— (i) is an eligible transaction; and (ii) has been completed; and Note— However, for authorisation of payment of the grant before the completion of the eligible transaction, see section 33 (2) .
(i) is an eligible transaction; and
(ii) has been completed; and Note— However, for authorisation of payment of the grant before the completion of the eligible transaction, see section 33 (2) .
(b) the applicant or, if there are 2 or more of them, each of the applicants, complies with the eligibility criteria under division 3 ; and
(c) the application for the grant is properly made.
(i) is an eligible transaction; and
(ii) has been completed; and Note— However, for authorisation of payment of the grant before the completion of the eligible transaction, see section 33 (2) .
pt.2-div.2
Eligibility for transactions
Eligibility for transactions
sec.13
What is the transaction commencement day
sec.13 What is the transaction commencement day
The transaction commencement day is—
for a home purchase contract or home building contract—the day the contract is made; or
for an owner-builder arrangement for a home—the day the laying of the foundations for the home starts.
(a) for a home purchase contract or home building contract—the day the contract is made; or
(b) for an owner-builder arrangement for a home—the day the laying of the foundations for the home starts.
sec.14
What is an eligible home purchase contract
sec.14 What is an eligible home purchase contract
A home purchase contract is an eligible home purchase contract if—
it is for the purchase of a new home that is, or is to be, built on land in the State; and
the transaction commencement day is on or after 1 August 2011 and before 1 May 2012; and
either—
it is for the acquisition of a relevant interest in the land on which the home has been built; or
it is for the acquisition of a relevant interest in the land on which the home is to be built, before completion of the contract, by or for the seller of the home and at the expense of the seller; and
it has been entered into by each person who on completion of the contract will have a relevant interest in the land; and
the total of the following is less than $600,000—
the unencumbered value of the home;
the unencumbered value of the relevant interest in the residential land at the transaction commencement day for the contract; and
for a contract to purchase a new home on a proposed lot on an unregistered plan of subdivision of land—
the contract provides that the building work must start before 1 May 2013 and be completed before 1 May 2015; or
See section 120 .
if subparagraph (i) does not apply, the building work under the contract is—
started before 1 May 2013; and
completed before 1 May 2015, or within a longer period allowed by the commissioner.
s 14 amd 2012 No. 4 s 4 (1) – (3) (retro), (4)
(a) it is for the purchase of a new home that is, or is to be, built on land in the State; and
(b) the transaction commencement day is on or after 1 August 2011 and before 1 May 2012; and
(c) either— (i) it is for the acquisition of a relevant interest in the land on which the home has been built; or (ii) it is for the acquisition of a relevant interest in the land on which the home is to be built, before completion of the contract, by or for the seller of the home and at the expense of the seller; and
(i) it is for the acquisition of a relevant interest in the land on which the home has been built; or
(ii) it is for the acquisition of a relevant interest in the land on which the home is to be built, before completion of the contract, by or for the seller of the home and at the expense of the seller; and
(d) it has been entered into by each person who on completion of the contract will have a relevant interest in the land; and
(e) the total of the following is less than $600,000— (i) the unencumbered value of the home; (ii) the unencumbered value of the relevant interest in the residential land at the transaction commencement day for the contract; and
(i) the unencumbered value of the home;
(ii) the unencumbered value of the relevant interest in the residential land at the transaction commencement day for the contract; and
(f) for a contract to purchase a new home on a proposed lot on an unregistered plan of subdivision of land— (i) the contract provides that the building work must start before 1 May 2013 and be completed before 1 May 2015; or Note— See section 120 . (ii) if subparagraph (i) does not apply, the building work under the contract is— (A) started before 1 May 2013; and (B) completed before 1 May 2015, or within a longer period allowed by the commissioner.
(i) the contract provides that the building work must start before 1 May 2013 and be completed before 1 May 2015; or Note— See section 120 .
(ii) if subparagraph (i) does not apply, the building work under the contract is— (A) started before 1 May 2013; and (B) completed before 1 May 2015, or within a longer period allowed by the commissioner.
(A) started before 1 May 2013; and
(B) completed before 1 May 2015, or within a longer period allowed by the commissioner.
(i) it is for the acquisition of a relevant interest in the land on which the home has been built; or
(ii) it is for the acquisition of a relevant interest in the land on which the home is to be built, before completion of the contract, by or for the seller of the home and at the expense of the seller; and
(i) the unencumbered value of the home;
(ii) the unencumbered value of the relevant interest in the residential land at the transaction commencement day for the contract; and
(i) the contract provides that the building work must start before 1 May 2013 and be completed before 1 May 2015; or Note— See section 120 .
(ii) if subparagraph (i) does not apply, the building work under the contract is— (A) started before 1 May 2013; and (B) completed before 1 May 2015, or within a longer period allowed by the commissioner.
(A) started before 1 May 2013; and
(B) completed before 1 May 2015, or within a longer period allowed by the commissioner.
(A) started before 1 May 2013; and
(B) completed before 1 May 2015, or within a longer period allowed by the commissioner.
sec.15
Definition for sdiv 3
sec.15 Definition for sdiv 3
In this subdivision—
prescribed building period , for a contract to have a home built or an owner-builder arrangement for a home, means the period—
starting on the day the laying of the foundations for the home starts; and
ending 18 months after that day.
(a) starting on the day the laying of the foundations for the home starts; and
(b) ending 18 months after that day.
sec.16
What is an eligible home building contract
sec.16 What is an eligible home building contract
A home building contract is an eligible home building contract if—
it is a comprehensive home building contract to have a new home built on land in the State; and
the transaction commencement day is on or after 1 August 2011 and before 1 May 2012; and
it has been entered into by each person who will, on completion of the contract, have a relevant interest in the land; and
the laying of the foundations for the home starts within—
26 weeks after the transaction commencement day; or
the longer period allowed by the commissioner; and
either—
it provides for the home being ready for occupation as a place of residence within the prescribed building period; or
if subparagraph (i) does not apply, the home is ready for occupation as a place of residence within the prescribed building period or the longer period allowed by the commissioner; and
the total of the following is less than $600,000—
the consideration for the transaction;
the unencumbered value of the relevant interest in the residential land on the transaction commencement day.
s 16 amd 2012 No. 4 s 5 (retro)
(a) it is a comprehensive home building contract to have a new home built on land in the State; and
(b) the transaction commencement day is on or after 1 August 2011 and before 1 May 2012; and
(c) it has been entered into by each person who will, on completion of the contract, have a relevant interest in the land; and
(d) the laying of the foundations for the home starts within— (i) 26 weeks after the transaction commencement day; or (ii) the longer period allowed by the commissioner; and
(i) 26 weeks after the transaction commencement day; or
(ii) the longer period allowed by the commissioner; and
(e) either— (i) it provides for the home being ready for occupation as a place of residence within the prescribed building period; or (ii) if subparagraph (i) does not apply, the home is ready for occupation as a place of residence within the prescribed building period or the longer period allowed by the commissioner; and
(i) it provides for the home being ready for occupation as a place of residence within the prescribed building period; or
(ii) if subparagraph (i) does not apply, the home is ready for occupation as a place of residence within the prescribed building period or the longer period allowed by the commissioner; and
(f) the total of the following is less than $600,000— (i) the consideration for the transaction; (ii) the unencumbered value of the relevant interest in the residential land on the transaction commencement day.
(i) the consideration for the transaction;
(ii) the unencumbered value of the relevant interest in the residential land on the transaction commencement day.
(i) 26 weeks after the transaction commencement day; or
(ii) the longer period allowed by the commissioner; and
(i) it provides for the home being ready for occupation as a place of residence within the prescribed building period; or
(ii) if subparagraph (i) does not apply, the home is ready for occupation as a place of residence within the prescribed building period or the longer period allowed by the commissioner; and
(i) the consideration for the transaction;
(ii) the unencumbered value of the relevant interest in the residential land on the transaction commencement day.
sec.17
What is an eligible owner-builder arrangement
sec.17 What is an eligible owner-builder arrangement
An owner-builder arrangement is an eligible owner-builder arrangement if—
it is for the building of a new home on land in the State; and
the transaction commencement day is on or after 1 August 2011 and before 1 May 2012; and
the home is ready for occupation as a place of residence within the prescribed building period or the longer period allowed by the commissioner; and
the total of the following is less than $600,000—
the consideration for the transaction;
the unencumbered value of the relevant interest in the residential land on the transaction commencement day.
s 17 amd 2012 No. 4 s 6 (retro)
(a) it is for the building of a new home on land in the State; and
(b) the transaction commencement day is on or after 1 August 2011 and before 1 May 2012; and
(c) the home is ready for occupation as a place of residence within the prescribed building period or the longer period allowed by the commissioner; and
(d) the total of the following is less than $600,000— (i) the consideration for the transaction; (ii) the unencumbered value of the relevant interest in the residential land on the transaction commencement day.
(i) the consideration for the transaction;
(ii) the unencumbered value of the relevant interest in the residential land on the transaction commencement day.
(i) the consideration for the transaction;
(ii) the unencumbered value of the relevant interest in the residential land on the transaction commencement day.
sec.18
Transactions that are not eligible transactions
sec.18 Transactions that are not eligible transactions
The following transactions are not eligible transactions—
a transaction for which the consideration is $600,000 or more;
a transaction between the applicant and a related person of the applicant, unless the first home owner grant is paid or payable for the transaction;
a home purchase contract for which transfer duty is not payable under the Duties Act 2001 , other than because of—
the concession for first homes under section 92 of that Act; or
the exemption for manufactured homes under section 138 of that Act; or
the exemption for charitable institutions under section 414 of that Act;
a legally binding arrangement made on or after 14 June 2011 for which the sole or main purpose is to defer the transaction commencement day for a home purchase contract or home building contract to 1 August 2011 or a later day before 1 February 2012 (the post-eligibility period ), including, for example—
terminating a home purchase or building contract made before 1 August 2011 and, making, in the post-eligibility period, a home purchase or building contract for the same or a substantially similar home; and
granting, before 1 August 2011, an option to enter into a home purchase or building contract and exercising the option in the post-eligibility period;
The building boost grant was publicly announced on 14 June 2011.
a transaction for which financial assistance is given by or for the Commonwealth or the State, other than the following assistance—
a first home owner grant;
a concession for transfer duty for first homes under the Duties Act 2001 , section 92 ;
a Commonwealth First Home Saver Account contribution;
a National Rental Affordability Scheme incentive;
a loan on commercial terms;
assistance given to mitigate the effects of a natural disaster;
other assistance under a financial assistance scheme prescribed under a regulation;
a transaction that the commissioner is satisfied forms part of a scheme or arrangement to circumvent limitations on, or requirements affecting, eligibility or entitlement to the building boost grant.
(a) a transaction for which the consideration is $600,000 or more;
(b) a transaction between the applicant and a related person of the applicant, unless the first home owner grant is paid or payable for the transaction;
(c) a home purchase contract for which transfer duty is not payable under the Duties Act 2001 , other than because of— (i) the concession for first homes under section 92 of that Act; or (ii) the exemption for manufactured homes under section 138 of that Act; or (iii) the exemption for charitable institutions under section 414 of that Act;
(i) the concession for first homes under section 92 of that Act; or
(ii) the exemption for manufactured homes under section 138 of that Act; or
(iii) the exemption for charitable institutions under section 414 of that Act;
(d) a legally binding arrangement made on or after 14 June 2011 for which the sole or main purpose is to defer the transaction commencement day for a home purchase contract or home building contract to 1 August 2011 or a later day before 1 February 2012 (the post-eligibility period ), including, for example— (i) terminating a home purchase or building contract made before 1 August 2011 and, making, in the post-eligibility period, a home purchase or building contract for the same or a substantially similar home; and (ii) granting, before 1 August 2011, an option to enter into a home purchase or building contract and exercising the option in the post-eligibility period; Editor’s note— The building boost grant was publicly announced on 14 June 2011.
(i) terminating a home purchase or building contract made before 1 August 2011 and, making, in the post-eligibility period, a home purchase or building contract for the same or a substantially similar home; and
(ii) granting, before 1 August 2011, an option to enter into a home purchase or building contract and exercising the option in the post-eligibility period;
(e) a transaction for which financial assistance is given by or for the Commonwealth or the State, other than the following assistance— (i) a first home owner grant; (ii) a concession for transfer duty for first homes under the Duties Act 2001 , section 92 ; (iii) a Commonwealth First Home Saver Account contribution; (iv) a National Rental Affordability Scheme incentive; (v) a loan on commercial terms; (vi) assistance given to mitigate the effects of a natural disaster; (vii) other assistance under a financial assistance scheme prescribed under a regulation;
(i) a first home owner grant;
(ii) a concession for transfer duty for first homes under the Duties Act 2001 , section 92 ;
(iii) a Commonwealth First Home Saver Account contribution;
(iv) a National Rental Affordability Scheme incentive;
(v) a loan on commercial terms;
(vi) assistance given to mitigate the effects of a natural disaster;
(vii) other assistance under a financial assistance scheme prescribed under a regulation;
(f) a transaction that the commissioner is satisfied forms part of a scheme or arrangement to circumvent limitations on, or requirements affecting, eligibility or entitlement to the building boost grant.
(i) the concession for first homes under section 92 of that Act; or
(ii) the exemption for manufactured homes under section 138 of that Act; or
(iii) the exemption for charitable institutions under section 414 of that Act;
(i) terminating a home purchase or building contract made before 1 August 2011 and, making, in the post-eligibility period, a home purchase or building contract for the same or a substantially similar home; and
(ii) granting, before 1 August 2011, an option to enter into a home purchase or building contract and exercising the option in the post-eligibility period;
(i) a first home owner grant;
(ii) a concession for transfer duty for first homes under the Duties Act 2001 , section 92 ;
(iii) a Commonwealth First Home Saver Account contribution;
(iv) a National Rental Affordability Scheme incentive;
(v) a loan on commercial terms;
(vi) assistance given to mitigate the effects of a natural disaster;
(vii) other assistance under a financial assistance scheme prescribed under a regulation;
pt.2-div.3
Eligibility for applicants
Eligibility for applicants
sec.19
Meaning of substantially Australian owned
sec.19 Meaning of substantially Australian owned
An entity is substantially Australian owned if it is—
a listed corporation; or
another corporation (a relevant entity ) in which a significant proportion of the shares in the corporation is directly or ultimately owned, other than as a trustee, by an Australian entity; or
a listed unit trust; or
another trust (also a relevant entity ) in which a significant proportion of trust interests in the trust are directly or ultimately owned, other than as a trustee, by an Australian entity.
Subsection (3) applies if the commissioner can not reasonably decide if shares or trust interests in a relevant entity are ultimately owned by an Australian entity, including, for example, because of the complexity of the arrangements under which the shares or trust interests are held.
Despite subsection (1) (b) and (d) , the relevant entity is substantially Australian owned if the commissioner is reasonably satisfied the shares or trust interests are probably ultimately owned by an Australian entity.
Despite subsections (1) to (3) , a relevant entity is not substantially Australian owned if the commissioner considers, having regard to the relevant factors, that an ineligible individual may significantly benefit financially, other than as a trustee, from the relevant entity.
For subsection (4) , the relevant factors are as follows—
the terms of the documents constituting the relevant entity;
the circumstances in which the relevant entity was established;
the operation of the relevant entity, including, for example, the way money and other assets of the entity are, and are likely to be, dealt with and distributed;
the relationship between the ineligible individual and any other person in establishing or operating the relevant entity;
if the relevant entity is a trust—
whether the trustee is a listed corporation, a corporation to which subsection (1) (b) applies, an Australian citizen or a permanent resident; and
whether the trustee is accustomed to acting, or likely to act, in accordance with the directions or wishes of the ineligible individual;
if the relevant entity is a corporation or a trust for which the trustee is a corporation, whether the corporation or its executive officers or shareholders are accustomed to acting, or likely to act, in accordance with the directions or wishes of the ineligible individual;
other relevant matters.
In this section—
Australian entity means—
a listed corporation; or
a listed unit trust; or
an individual who is an Australian citizen or a permanent resident.
ineligible individual means an individual other than an Australian citizen or permanent resident.
listed corporation means a corporation in which a significant proportion of the shares in the corporation are quoted on the market operated by the Australian Securities Exchange.
listed unit trust means a unit trust in which a significant proportion of the units in the trust are quoted on the market operated by the Australian Securities Exchange.
reasonably satisfied means to be satisfied on grounds that are reasonable in the circumstances.
significant proportion —
of shares in a corporation—means the number of shares comprising at least 75% of the value of all the shares in the corporation; or
of trust interests or units in a trust—means trust interests or units comprising at least 75% of the value of all the trust interests or units in the trust.
(sec.19-ssec.1) An entity is substantially Australian owned if it is— a listed corporation; or another corporation (a relevant entity ) in which a significant proportion of the shares in the corporation is directly or ultimately owned, other than as a trustee, by an Australian entity; or a listed unit trust; or another trust (also a relevant entity ) in which a significant proportion of trust interests in the trust are directly or ultimately owned, other than as a trustee, by an Australian entity.
(sec.19-ssec.2) Subsection (3) applies if the commissioner can not reasonably decide if shares or trust interests in a relevant entity are ultimately owned by an Australian entity, including, for example, because of the complexity of the arrangements under which the shares or trust interests are held.
(sec.19-ssec.3) Despite subsection (1) (b) and (d) , the relevant entity is substantially Australian owned if the commissioner is reasonably satisfied the shares or trust interests are probably ultimately owned by an Australian entity.
(sec.19-ssec.4) Despite subsections (1) to (3) , a relevant entity is not substantially Australian owned if the commissioner considers, having regard to the relevant factors, that an ineligible individual may significantly benefit financially, other than as a trustee, from the relevant entity.
(sec.19-ssec.5) For subsection (4) , the relevant factors are as follows— the terms of the documents constituting the relevant entity; the circumstances in which the relevant entity was established; the operation of the relevant entity, including, for example, the way money and other assets of the entity are, and are likely to be, dealt with and distributed; the relationship between the ineligible individual and any other person in establishing or operating the relevant entity; if the relevant entity is a trust— whether the trustee is a listed corporation, a corporation to which subsection (1) (b) applies, an Australian citizen or a permanent resident; and whether the trustee is accustomed to acting, or likely to act, in accordance with the directions or wishes of the ineligible individual; if the relevant entity is a corporation or a trust for which the trustee is a corporation, whether the corporation or its executive officers or shareholders are accustomed to acting, or likely to act, in accordance with the directions or wishes of the ineligible individual; other relevant matters.
(sec.19-ssec.6) In this section— Australian entity means— a listed corporation; or a listed unit trust; or an individual who is an Australian citizen or a permanent resident. ineligible individual means an individual other than an Australian citizen or permanent resident. listed corporation means a corporation in which a significant proportion of the shares in the corporation are quoted on the market operated by the Australian Securities Exchange. listed unit trust means a unit trust in which a significant proportion of the units in the trust are quoted on the market operated by the Australian Securities Exchange. reasonably satisfied means to be satisfied on grounds that are reasonable in the circumstances. significant proportion — of shares in a corporation—means the number of shares comprising at least 75% of the value of all the shares in the corporation; or of trust interests or units in a trust—means trust interests or units comprising at least 75% of the value of all the trust interests or units in the trust.
(a) a listed corporation; or
(b) another corporation (a relevant entity ) in which a significant proportion of the shares in the corporation is directly or ultimately owned, other than as a trustee, by an Australian entity; or
(c) a listed unit trust; or
(d) another trust (also a relevant entity ) in which a significant proportion of trust interests in the trust are directly or ultimately owned, other than as a trustee, by an Australian entity.
(a) the terms of the documents constituting the relevant entity;
(b) the circumstances in which the relevant entity was established;
(c) the operation of the relevant entity, including, for example, the way money and other assets of the entity are, and are likely to be, dealt with and distributed;
(d) the relationship between the ineligible individual and any other person in establishing or operating the relevant entity;
(e) if the relevant entity is a trust— (i) whether the trustee is a listed corporation, a corporation to which subsection (1) (b) applies, an Australian citizen or a permanent resident; and (ii) whether the trustee is accustomed to acting, or likely to act, in accordance with the directions or wishes of the ineligible individual;
(i) whether the trustee is a listed corporation, a corporation to which subsection (1) (b) applies, an Australian citizen or a permanent resident; and
(ii) whether the trustee is accustomed to acting, or likely to act, in accordance with the directions or wishes of the ineligible individual;
(f) if the relevant entity is a corporation or a trust for which the trustee is a corporation, whether the corporation or its executive officers or shareholders are accustomed to acting, or likely to act, in accordance with the directions or wishes of the ineligible individual;
(g) other relevant matters.
(i) whether the trustee is a listed corporation, a corporation to which subsection (1) (b) applies, an Australian citizen or a permanent resident; and
(ii) whether the trustee is accustomed to acting, or likely to act, in accordance with the directions or wishes of the ineligible individual;
(a) a listed corporation; or
(b) a listed unit trust; or
(c) an individual who is an Australian citizen or a permanent resident.
(a) of shares in a corporation—means the number of shares comprising at least 75% of the value of all the shares in the corporation; or
(b) of trust interests or units in a trust—means trust interests or units comprising at least 75% of the value of all the trust interests or units in the trust.
sec.20
Meaning of ultimately owned
sec.20 Meaning of ultimately owned
Shares in a corporation (the relevant property ) or trust interests in a trust (also the relevant property ) are ultimately owned by an entity (the ultimate owner ) if, through a series of entities owning shares in corporations or trust interests in trusts, or a combination of any of them, there is a connection between the relevant property and the ultimate owner.
sec.21
Eligible applicants
sec.21 Eligible applicants
Without limiting division 1 , 2 or 4 , to be eligible for a building boost grant for a transaction, an applicant must—
have a relevant interest in the land on which the home is, or is to be, built; and
comply with the occupancy requirement; and
be any of the following—
if applying as a trustee—a trustee of a trust that is substantially Australian owned;
an individual who is—
at least 18 years of age at the transaction commencement day; and
an Australian citizen or a permanent resident;
a corporation that is substantially Australian owned.
This section is subject to sections 22 and 26 .
(sec.21-ssec.1) Without limiting division 1 , 2 or 4 , to be eligible for a building boost grant for a transaction, an applicant must— have a relevant interest in the land on which the home is, or is to be, built; and comply with the occupancy requirement; and be any of the following— if applying as a trustee—a trustee of a trust that is substantially Australian owned; an individual who is— at least 18 years of age at the transaction commencement day; and an Australian citizen or a permanent resident; a corporation that is substantially Australian owned.
(sec.21-ssec.2) This section is subject to sections 22 and 26 .
(a) have a relevant interest in the land on which the home is, or is to be, built; and
(b) comply with the occupancy requirement; and
(c) be any of the following— (i) if applying as a trustee—a trustee of a trust that is substantially Australian owned; (ii) an individual who is— (A) at least 18 years of age at the transaction commencement day; and (B) an Australian citizen or a permanent resident; (iii) a corporation that is substantially Australian owned.
(i) if applying as a trustee—a trustee of a trust that is substantially Australian owned;
(ii) an individual who is— (A) at least 18 years of age at the transaction commencement day; and (B) an Australian citizen or a permanent resident;
(A) at least 18 years of age at the transaction commencement day; and
(B) an Australian citizen or a permanent resident;
(iii) a corporation that is substantially Australian owned.
(i) if applying as a trustee—a trustee of a trust that is substantially Australian owned;
(ii) an individual who is— (A) at least 18 years of age at the transaction commencement day; and (B) an Australian citizen or a permanent resident;
(A) at least 18 years of age at the transaction commencement day; and
(B) an Australian citizen or a permanent resident;
(iii) a corporation that is substantially Australian owned.
(A) at least 18 years of age at the transaction commencement day; and
(B) an Australian citizen or a permanent resident;
sec.22
General restriction on eligibility
sec.22 General restriction on eligibility
A building boost grant is payable only once for the following—
a particular eligible transaction;
a transaction relating to a particular home;
a particular relevant interest held in land on which a new home is, or is to be, built.
A person has a home (the first home ) built on a parcel of land (the original parcel ) owned by the person, for which a building boost grant is paid. The original parcel is subdivided and the person has another home (the second home ) built on the subdivided part of the original parcel on which the first home is built. Because the grant has already been paid for the relevant interest in the original parcel, the grant is not payable for the same relevant interest for the building of the second home.
(a) a particular eligible transaction;
(b) a transaction relating to a particular home;
(c) a particular relevant interest held in land on which a new home is, or is to be, built. Example for paragraph (c) — A person has a home (the first home ) built on a parcel of land (the original parcel ) owned by the person, for which a building boost grant is paid. The original parcel is subdivided and the person has another home (the second home ) built on the subdivided part of the original parcel on which the first home is built. Because the grant has already been paid for the relevant interest in the original parcel, the grant is not payable for the same relevant interest for the building of the second home.
sec.23
Eligibility for multiple grants
sec.23 Eligibility for multiple grants
Subject to subsections (2) and (3) , this Act does not prevent the same person from being entitled to receive 2 or more building boost grants for separate transactions.
Subsection (3) applies if—
either—
a person or a related person of that person has made 4 applications for building boost grants that have not been decided by the commissioner; or
the commissioner has previously paid, or authorised payment of, a building boost grant to a person or a related person of that person at least 4 times; and
the person makes another application for a building boost grant for a transaction (the relevant transaction ).
The applicant is entitled to receive a building boost grant for the relevant transaction only if the commissioner is satisfied, having regard to the relevant factors, that the transaction—
has been entered into for a purpose that advances the purpose of the Act ; and
is not an artificial, blatant or contrived arrangement; and
has not been entered into for the sole or main purpose of obtaining a building boost grant.
For subsection (3) , the relevant factors are as follows—
the relationship between the applicant and the following persons—
the other party to the relevant transaction;
a person providing financial assistance for the transaction;
a person with whom the applicant has entered, or is likely to enter, into a related arrangement;
the form and substance of the relevant transaction and any related arrangement, including, for example—
legal rights and obligations arising from the transaction or arrangement; and
the commercial nature of the transaction or arrangement;
the way in which the relevant transaction and any related arrangement have been entered into or carried out;
whether or not the applicant has carried out similar transactions before 1 August 2011 and, if so, the way in which the transactions were carried out;
any change in a person’s financial position that has happened or may reasonably be expected to happen because of the relevant transaction or related arrangement.
In this section—
related arrangement means an arrangement made between the applicant and another person under which a person may obtain a financial benefit from the applicant’s acquisition or occupation of the home.
(sec.23-ssec.1) Subject to subsections (2) and (3) , this Act does not prevent the same person from being entitled to receive 2 or more building boost grants for separate transactions.
(sec.23-ssec.2) Subsection (3) applies if— either— a person or a related person of that person has made 4 applications for building boost grants that have not been decided by the commissioner; or the commissioner has previously paid, or authorised payment of, a building boost grant to a person or a related person of that person at least 4 times; and the person makes another application for a building boost grant for a transaction (the relevant transaction ).
(sec.23-ssec.3) The applicant is entitled to receive a building boost grant for the relevant transaction only if the commissioner is satisfied, having regard to the relevant factors, that the transaction— has been entered into for a purpose that advances the purpose of the Act ; and is not an artificial, blatant or contrived arrangement; and has not been entered into for the sole or main purpose of obtaining a building boost grant.
(sec.23-ssec.4) For subsection (3) , the relevant factors are as follows— the relationship between the applicant and the following persons— the other party to the relevant transaction; a person providing financial assistance for the transaction; a person with whom the applicant has entered, or is likely to enter, into a related arrangement; the form and substance of the relevant transaction and any related arrangement, including, for example— legal rights and obligations arising from the transaction or arrangement; and the commercial nature of the transaction or arrangement; the way in which the relevant transaction and any related arrangement have been entered into or carried out; whether or not the applicant has carried out similar transactions before 1 August 2011 and, if so, the way in which the transactions were carried out; any change in a person’s financial position that has happened or may reasonably be expected to happen because of the relevant transaction or related arrangement.
(sec.23-ssec.5) In this section— related arrangement means an arrangement made between the applicant and another person under which a person may obtain a financial benefit from the applicant’s acquisition or occupation of the home.
(a) either— (i) a person or a related person of that person has made 4 applications for building boost grants that have not been decided by the commissioner; or (ii) the commissioner has previously paid, or authorised payment of, a building boost grant to a person or a related person of that person at least 4 times; and
(i) a person or a related person of that person has made 4 applications for building boost grants that have not been decided by the commissioner; or
(ii) the commissioner has previously paid, or authorised payment of, a building boost grant to a person or a related person of that person at least 4 times; and
(b) the person makes another application for a building boost grant for a transaction (the relevant transaction ).
(i) a person or a related person of that person has made 4 applications for building boost grants that have not been decided by the commissioner; or
(ii) the commissioner has previously paid, or authorised payment of, a building boost grant to a person or a related person of that person at least 4 times; and
(a) has been entered into for a purpose that advances the purpose of the Act ; and
(b) is not an artificial, blatant or contrived arrangement; and
(c) has not been entered into for the sole or main purpose of obtaining a building boost grant.
(a) the relationship between the applicant and the following persons— (i) the other party to the relevant transaction; (ii) a person providing financial assistance for the transaction; (iii) a person with whom the applicant has entered, or is likely to enter, into a related arrangement;
(i) the other party to the relevant transaction;
(ii) a person providing financial assistance for the transaction;
(iii) a person with whom the applicant has entered, or is likely to enter, into a related arrangement;
(b) the form and substance of the relevant transaction and any related arrangement, including, for example— (i) legal rights and obligations arising from the transaction or arrangement; and (ii) the commercial nature of the transaction or arrangement;
(i) legal rights and obligations arising from the transaction or arrangement; and
(ii) the commercial nature of the transaction or arrangement;
(c) the way in which the relevant transaction and any related arrangement have been entered into or carried out;
(d) whether or not the applicant has carried out similar transactions before 1 August 2011 and, if so, the way in which the transactions were carried out;
(e) any change in a person’s financial position that has happened or may reasonably be expected to happen because of the relevant transaction or related arrangement.
(i) the other party to the relevant transaction;
(ii) a person providing financial assistance for the transaction;
(iii) a person with whom the applicant has entered, or is likely to enter, into a related arrangement;
(i) legal rights and obligations arising from the transaction or arrangement; and
(ii) the commercial nature of the transaction or arrangement;
sec.24
Application for ruling for eligibility of particular transactions
sec.24 Application for ruling for eligibility of particular transactions
A person may apply to the commissioner for a ruling on whether a transaction satisfies the matters mentioned in section 23 (3) (a) , (b) and (c) .
The application must be—
in the approved form; and
accompanied by enough information to enable the commissioner to make a ruling.
The commissioner must give the person who applied for the ruling—
a notice of the ruling; and
if the ruling is that the commissioner is not satisfied of the matters mentioned in section 23 (3) (a) , (b) and (c) —a decision notice for the ruling.
(sec.24-ssec.1) A person may apply to the commissioner for a ruling on whether a transaction satisfies the matters mentioned in section 23 (3) (a) , (b) and (c) .
(sec.24-ssec.2) The application must be— in the approved form; and accompanied by enough information to enable the commissioner to make a ruling.
(sec.24-ssec.3) The commissioner must give the person who applied for the ruling— a notice of the ruling; and if the ruling is that the commissioner is not satisfied of the matters mentioned in section 23 (3) (a) , (b) and (c) —a decision notice for the ruling.
(a) in the approved form; and
(b) accompanied by enough information to enable the commissioner to make a ruling.
(a) a notice of the ruling; and
(b) if the ruling is that the commissioner is not satisfied of the matters mentioned in section 23 (3) (a) , (b) and (c) —a decision notice for the ruling.
sec.25
Occupancy requirement
sec.25 Occupancy requirement
An applicant for a building boost grant for a home must ensure the home is occupied as a place of residence for a total of at least 3 months before the first of the following happens—
the end of 1 year after the completion of the transaction;
the applicant transfers the applicant’s relevant interest in the land on which the home is, or is to be, built.
For subsection (1) —
the home need not be occupied by the applicant; and
the 3 months need not be continuous.
Despite subsection (1) , if a first home owner grant is paid or payable for the relevant transaction for the home and the applicant satisfies the residence requirements under the First Home Owner Grant Act for the home, the applicant is taken to have complied with the occupancy requirement.
(sec.25-ssec.1) An applicant for a building boost grant for a home must ensure the home is occupied as a place of residence for a total of at least 3 months before the first of the following happens— the end of 1 year after the completion of the transaction; the applicant transfers the applicant’s relevant interest in the land on which the home is, or is to be, built.
(sec.25-ssec.2) For subsection (1) — the home need not be occupied by the applicant; and the 3 months need not be continuous.
(sec.25-ssec.3) Despite subsection (1) , if a first home owner grant is paid or payable for the relevant transaction for the home and the applicant satisfies the residence requirements under the First Home Owner Grant Act for the home, the applicant is taken to have complied with the occupancy requirement.
(a) the end of 1 year after the completion of the transaction;
(b) the applicant transfers the applicant’s relevant interest in the land on which the home is, or is to be, built.
(a) the home need not be occupied by the applicant; and
(b) the 3 months need not be continuous.
sec.26
Particular entities not eligible for grant
sec.26 Particular entities not eligible for grant
The following entities are not eligible for a building boost grant for a transaction—
a person who carries on a business involving building homes and enters into the transaction in carrying on the business;
the Commonwealth, the State or another State;
a government agency.
In this section—
government agency means any of the following —
a government entity under the Public Sector Act 2022 , section 276 ;
a government owned corporation;
a rail government entity under the Transport Infrastructure Act 1994 ;
a local government;
a local government owned corporation, or a subsidiary of a local government owned corporation, under the Local Government Act 2009 ;
a department or administrative office of the government of the Commonwealth or another State;
a statutory body representing the Commonwealth or another State.
s 26 amd 2013 No. 19 s 120 sch 1 ; 2022 No. 34 s 365 sch 3
(sec.26-ssec.1) The following entities are not eligible for a building boost grant for a transaction— a person who carries on a business involving building homes and enters into the transaction in carrying on the business; the Commonwealth, the State or another State; a government agency.
(sec.26-ssec.2) In this section— government agency means any of the following — a government entity under the Public Sector Act 2022 , section 276 ; a government owned corporation; a rail government entity under the Transport Infrastructure Act 1994 ; a local government; a local government owned corporation, or a subsidiary of a local government owned corporation, under the Local Government Act 2009 ; a department or administrative office of the government of the Commonwealth or another State; a statutory body representing the Commonwealth or another State.
(a) a person who carries on a business involving building homes and enters into the transaction in carrying on the business;
(b) the Commonwealth, the State or another State;
(c) a government agency.
(a) a government entity under the Public Sector Act 2022 , section 276 ;
(b) a government owned corporation;
(c) a rail government entity under the Transport Infrastructure Act 1994 ;
(d) a local government;
(e) a local government owned corporation, or a subsidiary of a local government owned corporation, under the Local Government Act 2009 ;
(f) a department or administrative office of the government of the Commonwealth or another State;
(g) a statutory body representing the Commonwealth or another State.
pt.2-div.4
Application for grant
Application for grant
sec.27
Application for grant
sec.27 Application for grant
An application for a building boost grant must be made to the commissioner or an agent of the commissioner.
The application must be—
in the approved form; and
supported by the information required by the commissioner.
The application may be made only within the period (the application period )—
starting on the transaction commencement day 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.
However, the commissioner may allow an application to be made before or after the application period.
This section is subject to section 29 .
(sec.27-ssec.1) An application for a building boost grant must be made to the commissioner or an agent of the commissioner.
(sec.27-ssec.2) The application must be— in the approved form; and supported by the information required by the commissioner.
(sec.27-ssec.3) The application may be made only within the period (the application period )— starting on the transaction commencement day 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.
(sec.27-ssec.4) However, the commissioner may allow an application to be made before or after the application period.
(sec.27-ssec.5) This section is subject to section 29 .
(a) in the approved form; and
(b) supported by the information required by the commissioner.
(a) starting on the transaction commencement day of the eligible transaction to which the application relates; and
(b) ending 1 year after the completion of the eligible transaction to which the application relates.
sec.28
Each interested person must apply
sec.28 Each interested person must apply
An application for a building boost grant for a transaction for a home can be made only if each interested person is an applicant.
For subsection (1) , a person is an interested person in a home if the person will have, on completion of the transaction, a relevant interest in the land on which the home is, or is to be, built.
However, if an applicant for a building boost grant is the holder of a coexisting relevant interest in the land on which a home is, or is to be, built, the holder of another relevant interest in the land is not an interested person in the home for subsection (1) .
In this section—
coexisting relevant interest means a relevant interest in land mentioned in section 9 (1) (c) , (d) , (f) or (g) .
(sec.28-ssec.1) An application for a building boost grant for a transaction for a home can be made only if each interested person is an applicant.
(sec.28-ssec.2) For subsection (1) , a person is an interested person in a home if the person will have, on completion of the transaction, a relevant interest in the land on which the home is, or is to be, built.
(sec.28-ssec.3) However, if an applicant for a building boost grant is the holder of a coexisting relevant interest in the land on which a home is, or is to be, built, the holder of another relevant interest in the land is not an interested person in the home for subsection (1) .
(sec.28-ssec.4) In this section— coexisting relevant interest means a relevant interest in land mentioned in section 9 (1) (c) , (d) , (f) or (g) .
sec.29
Prospective applicant must give notice of intention to apply for grant
sec.29 Prospective applicant must give notice of intention to apply for grant
This section applies if an applicant—
has entered into a transaction for a home; and
does not intend to make, or has not made, an application for a building boost grant for the transaction before the later of the following days (the notice day )—
1 September 2012;
a later day, if any, allowed by the commissioner; and
intends to apply for a building boost grant for the transaction after the notice day.
The applicant must, before the notice day, give the commissioner or an agent of the commissioner a notice (a preliminary notice ), in the approved form, of intention to apply for a building boost grant for the transaction.
If the applicant does not give the preliminary notice before the notice day, the applicant can not apply for a building boost grant for the transaction.
However, subsections (2) and (3) do not apply if—
a first home owner grant for the transaction is paid or payable to the applicant; and
the applicant applies for a building boost grant for the transaction no later than applying for the first home owner grant.
s 29 amd 2012 No. 4 s 7 (retro)
(sec.29-ssec.1) This section applies if an applicant— has entered into a transaction for a home; and does not intend to make, or has not made, an application for a building boost grant for the transaction before the later of the following days (the notice day )— 1 September 2012; a later day, if any, allowed by the commissioner; and intends to apply for a building boost grant for the transaction after the notice day.
(sec.29-ssec.2) The applicant must, before the notice day, give the commissioner or an agent of the commissioner a notice (a preliminary notice ), in the approved form, of intention to apply for a building boost grant for the transaction.
(sec.29-ssec.3) If the applicant does not give the preliminary notice before the notice day, the applicant can not apply for a building boost grant for the transaction.
(sec.29-ssec.4) However, subsections (2) and (3) do not apply if— a first home owner grant for the transaction is paid or payable to the applicant; and the applicant applies for a building boost grant for the transaction no later than applying for the first home owner grant.
(a) has entered into a transaction for a home; and
(b) does not intend to make, or has not made, an application for a building boost grant for the transaction before the later of the following days (the notice day )— (i) 1 September 2012; (ii) a later day, if any, allowed by the commissioner; and
(i) 1 September 2012;
(ii) a later day, if any, allowed by the commissioner; and
(c) intends to apply for a building boost grant for the transaction after the notice day.
(i) 1 September 2012;
(ii) a later day, if any, allowed by the commissioner; and
(a) a first home owner grant for the transaction is paid or payable to the applicant; and
(b) the applicant applies for a building boost grant for the transaction no later than applying for the first home owner grant.
pt.2-div.5
Decision on application
Decision on application
sec.30
Additional information for application
sec.30 Additional information for application
The commissioner may, by notice, ask an applicant to give the commissioner further reasonable information or documents about the application in the following period (the information period )—
the period of at least 5 business days stated in the notice;
any longer period agreed between the commissioner and the applicant.
The commissioner may refuse the application if the applicant does not give the commissioner the information or documents in the information period, without reasonable excuse.
(sec.30-ssec.1) The commissioner may, by notice, ask an applicant to give the commissioner further reasonable information or documents about the application in the following period (the information period )— the period of at least 5 business days stated in the notice; any longer period agreed between the commissioner and the applicant.
(sec.30-ssec.2) The commissioner may refuse the application if the applicant does not give the commissioner the information or documents in the information period, without reasonable excuse.
(a) the period of at least 5 business days stated in the notice;
(b) any longer period agreed between the commissioner and the applicant.
sec.31
Commissioner to decide applications
sec.31 Commissioner to decide applications
The commissioner must—
consider each application for a building boost grant; and
either—
if satisfied a building boost grant is payable—decide to authorise payment of the grant; or
otherwise—refuse the application.
If the commissioner decides to authorise payment of the grant, the commissioner may impose a reasonable condition on the grant.
The commissioner must give the applicant notice of—
the decision; and
if a condition is imposed—the condition.
However, if the commissioner has authorised payment of the grant with no conditions, the payment of the grant is taken to be notice of the decision for subsection (3) (a) .
If the commissioner decides to refuse the application or impose a condition on the grant, the notice of the decision must include or be accompanied by a decision notice for the decision.
(sec.31-ssec.1) The commissioner must— consider each application for a building boost grant; and either— if satisfied a building boost grant is payable—decide to authorise payment of the grant; or otherwise—refuse the application.
(sec.31-ssec.2) If the commissioner decides to authorise payment of the grant, the commissioner may impose a reasonable condition on the grant.
(sec.31-ssec.3) The commissioner must give the applicant notice of— the decision; and if a condition is imposed—the condition.
(sec.31-ssec.4) However, if the commissioner has authorised payment of the grant with no conditions, the payment of the grant is taken to be notice of the decision for subsection (3) (a) .
(sec.31-ssec.5) If the commissioner decides to refuse the application or impose a condition on the grant, the notice of the decision must include or be accompanied by a decision notice for the decision.
(a) consider each application for a building boost grant; and
(b) either— (i) if satisfied a building boost grant is payable—decide to authorise payment of the grant; or (ii) otherwise—refuse the application.
(i) if satisfied a building boost grant is payable—decide to authorise payment of the grant; or
(ii) otherwise—refuse the application.
(i) if satisfied a building boost grant is payable—decide to authorise payment of the grant; or
(ii) otherwise—refuse the application.
(a) the decision; and
(b) if a condition is imposed—the condition.
pt.2-div.6
Payment of grant
Payment of grant
sec.32
Amount of grant
sec.32 Amount of grant
The amount of a building boost grant for a home is the lesser of the following—
the consideration for the transaction;
$10,000.
For working out the amount of the consideration under subsection (1) (a) , the amount must be reduced by the amount for any of the following that the applicant for the grant has received or is entitled to receive—
a Commonwealth First Home Saver Account contribution used, or to be used, for the transaction;
a National Rental Affordability Scheme incentive relating to the home for the financial year starting on 1 July 2011;
any of the following paid or payable for the transaction—
the first home owner grant;
an amount relating to the consideration for the transaction, including, for example, an insurance payment to build the home;
an amount paid or payable under another financial assistance scheme prescribed under a regulation.
However, the amount of the consideration under subsection (1) (a) must not be reduced by the amount of any assistance that the Commonwealth or State has given the applicant to mitigate the effects of a natural disaster.
(sec.32-ssec.1) The amount of a building boost grant for a home is the lesser of the following— the consideration for the transaction; $10,000.
(sec.32-ssec.2) For working out the amount of the consideration under subsection (1) (a) , the amount must be reduced by the amount for any of the following that the applicant for the grant has received or is entitled to receive— a Commonwealth First Home Saver Account contribution used, or to be used, for the transaction; a National Rental Affordability Scheme incentive relating to the home for the financial year starting on 1 July 2011; any of the following paid or payable for the transaction— the first home owner grant; an amount relating to the consideration for the transaction, including, for example, an insurance payment to build the home; an amount paid or payable under another financial assistance scheme prescribed under a regulation.
(sec.32-ssec.3) However, the amount of the consideration under subsection (1) (a) must not be reduced by the amount of any assistance that the Commonwealth or State has given the applicant to mitigate the effects of a natural disaster.
(a) the consideration for the transaction;
(b) $10,000.
(a) a Commonwealth First Home Saver Account contribution used, or to be used, for the transaction;
(b) a National Rental Affordability Scheme incentive relating to the home for the financial year starting on 1 July 2011;
(c) any of the following paid or payable for the transaction— (i) the first home owner grant; (ii) an amount relating to the consideration for the transaction, including, for example, an insurance payment to build the home; (iii) an amount paid or payable under another financial assistance scheme prescribed under a regulation.
(i) the first home owner grant;
(ii) an amount relating to the consideration for the transaction, including, for example, an insurance payment to build the home;
(iii) an amount paid or payable under another financial assistance scheme prescribed under a regulation.
(i) the first home owner grant;
(ii) an amount relating to the consideration for the transaction, including, for example, an insurance payment to build the home;
(iii) an amount paid or payable under another financial assistance scheme prescribed under a regulation.
sec.33
When grant is payable
sec.33 When grant is payable
A building boost grant for a transaction for a home is payable—
if the transaction is completed before the application for the grant is decided—when payment of the grant is authorised; or
otherwise—after the transaction is completed.
However, the commissioner may pay the grant before the transaction is completed if the commissioner is satisfied it is appropriate to pay the grant in the circumstances.
(sec.33-ssec.1) A building boost grant for a transaction for a home is payable— if the transaction is completed before the application for the grant is decided—when payment of the grant is authorised; or otherwise—after the transaction is completed.
(sec.33-ssec.2) However, the commissioner may pay the grant before the transaction is completed if the commissioner is satisfied it is appropriate to pay the grant in the circumstances.
(a) if the transaction is completed before the application for the grant is decided—when payment of the grant is authorised; or
(b) otherwise—after the transaction is completed.
sec.34
How grant must be paid
sec.34 How grant must be paid
A building boost grant must be paid—
by electronic funds transfer, cheque or in any other way the commissioner considers appropriate; and
to—
the applicant; or
someone else to whom the applicant directs the commissioner in writing to pay the grant.
If the applicant requests, the commissioner can apply the amount of a building boost grant, or part of the amount, towards a liability for State taxes, fees or charges.
(sec.34-ssec.1) A building boost grant must be paid— by electronic funds transfer, cheque or in any other way the commissioner considers appropriate; and to— the applicant; or someone else to whom the applicant directs the commissioner in writing to pay the grant.
(sec.34-ssec.2) If the applicant requests, the commissioner can apply the amount of a building boost grant, or part of the amount, towards a liability for State taxes, fees or charges.
(a) by electronic funds transfer, cheque or in any other way the commissioner considers appropriate; and
(b) to— (i) the applicant; or (ii) someone else to whom the applicant directs the commissioner in writing to pay the grant.
(i) the applicant; or
(ii) someone else to whom the applicant directs the commissioner in writing to pay the grant.
(i) the applicant; or
(ii) someone else to whom the applicant directs the commissioner in writing to pay the grant.
pt.2-div.7
Repayment of grant
Repayment of grant
sec.35
Contravention of consideration requirement on completion
sec.35 Contravention of consideration requirement on completion
This section applies if—
a building boost grant is paid for a home purchase contract (the relevant transaction ) mentioned in section 14 (c) (ii) before the transaction is completed; and
on completion of the relevant transaction, the unencumbered value of the home results in it not being an eligible transaction under section 14 (e) .
This section also applies if—
a building boost grant is paid for a home building contract or owner-builder arrangement (each, also the relevant transaction ) before the transaction is completed; and
on completion of the relevant transaction, the consideration for the transaction results in it not being an eligible transaction under section 16 (f) or 17 (d) .
The applicant for the grant is required within 28 days after completion of the relevant transaction to—
give the commissioner notice of the ineligibility of the transaction; and
repay the amount of the grant.
The applicant must not contravene the requirement under subsection (3) unless the applicant has a reasonable excuse.
Maximum penalty—40 penalty units.
For a joint application, each applicant is individually liable to comply with subsection (3) , but compliance by any 1 or more of them must be regarded as compliance by both or all.
(sec.35-ssec.1) This section applies if— a building boost grant is paid for a home purchase contract (the relevant transaction ) mentioned in section 14 (c) (ii) before the transaction is completed; and on completion of the relevant transaction, the unencumbered value of the home results in it not being an eligible transaction under section 14 (e) .
(sec.35-ssec.2) This section also applies if— a building boost grant is paid for a home building contract or owner-builder arrangement (each, also the relevant transaction ) before the transaction is completed; and on completion of the relevant transaction, the consideration for the transaction results in it not being an eligible transaction under section 16 (f) or 17 (d) .
(sec.35-ssec.3) The applicant for the grant is required within 28 days after completion of the relevant transaction to— give the commissioner notice of the ineligibility of the transaction; and repay the amount of the grant.
(sec.35-ssec.4) The applicant must not contravene the requirement under subsection (3) unless the applicant has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.35-ssec.5) For a joint application, each applicant is individually liable to comply with subsection (3) , but compliance by any 1 or more of them must be regarded as compliance by both or all.
(a) a building boost grant is paid for a home purchase contract (the relevant transaction ) mentioned in section 14 (c) (ii) before the transaction is completed; and
(b) on completion of the relevant transaction, the unencumbered value of the home results in it not being an eligible transaction under section 14 (e) .
(a) a building boost grant is paid for a home building contract or owner-builder arrangement (each, also the relevant transaction ) before the transaction is completed; and
(b) on completion of the relevant transaction, the consideration for the transaction results in it not being an eligible transaction under section 16 (f) or 17 (d) .
(a) give the commissioner notice of the ineligibility of the transaction; and
(b) repay the amount of the grant.
sec.36
Contravention of occupancy requirement
sec.36 Contravention of occupancy requirement
This section applies if a building boost grant for a home is paid to an applicant before the applicant has complied with the occupancy requirement for the home.
If the occupancy requirement is contravened or the applicant knows, or reasonably ought to know, it will be contravened, the applicant is required within 14 days after the relevant day to—
give notice of the contravention to the commissioner; and
repay the amount of the grant.
The applicant must not contravene the requirement under subsection (2) unless the applicant has a reasonable excuse.
Maximum penalty—40 penalty units.
For a joint application, each applicant is individually liable to comply with subsection (2) , but compliance by any 1 or more of them must be regarded as compliance by both or all.
In this section—
relevant day means the earlier of the following—
the day when it first becomes apparent, or reasonably ought to be apparent, to the applicant that the occupancy requirement can not be complied with;
the end of 1 year after the completion of the transaction.
(sec.36-ssec.1) This section applies if a building boost grant for a home is paid to an applicant before the applicant has complied with the occupancy requirement for the home.
(sec.36-ssec.2) If the occupancy requirement is contravened or the applicant knows, or reasonably ought to know, it will be contravened, the applicant is required within 14 days after the relevant day to— give notice of the contravention to the commissioner; and repay the amount of the grant.
(sec.36-ssec.3) The applicant must not contravene the requirement under subsection (2) unless the applicant has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.36-ssec.4) For a joint application, each applicant is individually liable to comply with subsection (2) , but compliance by any 1 or more of them must be regarded as compliance by both or all.
(sec.36-ssec.5) In this section— relevant day means the earlier of the following— the day when it first becomes apparent, or reasonably ought to be apparent, to the applicant that the occupancy requirement can not be complied with; the end of 1 year after the completion of the transaction.
(a) give notice of the contravention to the commissioner; and
(b) repay the amount of the grant.
(a) the day when it first becomes apparent, or reasonably ought to be apparent, to the applicant that the occupancy requirement can not be complied with;
(b) the end of 1 year after the completion of the transaction.
sec.37
Contravention of repayment requirement under condition of grant
sec.37 Contravention of repayment requirement under condition of grant
This section applies if a condition imposed on a building boost grant states a requirement (a repayment requirement ) that, if the condition is contravened, the applicant for the grant must—
give the commissioner notice of the contravention within a stated period; and
repay the grant within a stated period.
The applicant must not contravene the repayment requirement unless the applicant has a reasonable excuse.
Maximum penalty—40 penalty units.
For a joint application, each applicant is individually liable to comply with the repayment requirement but, compliance by any 1 or more of them must be regarded as compliance by both or all.
(sec.37-ssec.1) This section applies if a condition imposed on a building boost grant states a requirement (a repayment requirement ) that, if the condition is contravened, the applicant for the grant must— give the commissioner notice of the contravention within a stated period; and repay the grant within a stated period.
(sec.37-ssec.2) The applicant must not contravene the repayment requirement unless the applicant has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.37-ssec.3) For a joint application, each applicant is individually liable to comply with the repayment requirement but, compliance by any 1 or more of them must be regarded as compliance by both or all.
(a) give the commissioner notice of the contravention within a stated period; and
(b) repay the grant within a stated period.
sec.38
Repayment notice
sec.38 Repayment notice
This section applies if—
a person contravenes section 35 (3) or 36 (2) or a repayment requirement; or
a building boost grant has been wrongly paid to a person because of—
a contravention of section 81 ; or
a mistake to which the person has not contributed; or
an administrative or clerical error
another reason.
The commissioner may give the applicant or recipient a notice (a repayment notice )—
stating—
the circumstances under subsection (1) for which the notice is given; and
that the person is required to repay the amount of the building boost grant within a stated period of at least 60 days; and
including or accompanied by a decision notice for the decision to issue the repayment notice.
A repayment notice may also be given under section 115 (3) .
(sec.38-ssec.1) This section applies if— a person contravenes section 35 (3) or 36 (2) or a repayment requirement; or a building boost grant has been wrongly paid to a person because of— a contravention of section 81 ; or a mistake to which the person has not contributed; or an administrative or clerical error another reason.
(sec.38-ssec.2) The commissioner may give the applicant or recipient a notice (a repayment notice )— stating— the circumstances under subsection (1) for which the notice is given; and that the person is required to repay the amount of the building boost grant within a stated period of at least 60 days; and including or accompanied by a decision notice for the decision to issue the repayment notice. A repayment notice may also be given under section 115 (3) .
(a) a person contravenes section 35 (3) or 36 (2) or a repayment requirement; or
(b) a building boost grant has been wrongly paid to a person because of— (i) a contravention of section 81 ; or (ii) a mistake to which the person has not contributed; or Example— an administrative or clerical error (iii) another reason.
(i) a contravention of section 81 ; or
(ii) a mistake to which the person has not contributed; or Example— an administrative or clerical error
(iii) another reason.
(i) a contravention of section 81 ; or
(ii) a mistake to which the person has not contributed; or Example— an administrative or clerical error
(iii) another reason.
(a) stating— (i) the circumstances under subsection (1) for which the notice is given; and (ii) that the person is required to repay the amount of the building boost grant within a stated period of at least 60 days; and
(i) the circumstances under subsection (1) for which the notice is given; and
(ii) that the person is required to repay the amount of the building boost grant within a stated period of at least 60 days; and
(b) including or accompanied by a decision notice for the decision to issue the repayment notice.
(i) the circumstances under subsection (1) for which the notice is given; and
(ii) that the person is required to repay the amount of the building boost grant within a stated period of at least 60 days; and
pt.3
Enforcement
Enforcement
pt.3-div.1
Authorised investigations
Authorised investigations
sec.39
Powers on investigation
sec.39 Powers on investigation
For carrying out an authorised investigation, the commissioner may, by notice, require a person to do 1 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.
The commissioner may require information given, or to be given, under this section to be verified on oath or by statutory declaration.
A person must not, without reasonable excuse, fail to comply with a requirement under this section.
Maximum penalty—40 penalty units.
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.
It is a reasonable excuse for an individual 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 individual.
(sec.39-ssec.1) For carrying out an authorised investigation, the commissioner may, by notice, require a person to do 1 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.
(sec.39-ssec.2) The commissioner may require information given, or to be given, under this section to be verified on oath or by statutory declaration.
(sec.39-ssec.3) A person must not, without reasonable excuse, fail to comply with a requirement under this section. Maximum penalty—40 penalty units.
(sec.39-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.
(sec.39-ssec.5) It is a reasonable excuse for an individual 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 individual.
(a) give the commissioner written information stated in the notice;
(b) attend at a stated time and place before the commissioner, or a stated authorised officer, to answer questions relevant to the investigation;
(c) produce a document relevant to the investigation to the commissioner at a reasonable stated time and place.
sec.40
Access to particular records without fee
sec.40 Access to particular records without fee
For 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.
pt.3-div.2
General provisions about authorised officers
General provisions about authorised officers
sec.41
Authorised officers under divs 2 – 6
sec.41 Authorised officers under divs 2 – 6
This division and divisions 3 to 6 include provision for the appointment of authorised officers, and give authorised officers particular powers.
sec.42
Appointment and qualifications
sec.42 Appointment and qualifications
The commissioner may, by instrument in writing, appoint a public service employee as an authorised officer.
However, the commissioner may appoint a person as an authorised officer only if the commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.
(sec.42-ssec.1) The commissioner may, by instrument in writing, appoint a public service employee as an authorised officer.
(sec.42-ssec.2) However, the commissioner may appoint a person as an authorised officer only if the commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.
sec.43
Appointment conditions and limit on powers
sec.43 Appointment conditions and limit on powers
An authorised officer holds office on any conditions stated in—
the authorised officer’s instrument of appointment; or
a signed notice given to the authorised officer; or
a regulation.
The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers.
In this section—
signed notice means a notice signed by the commissioner.
(sec.43-ssec.1) An authorised officer holds office on any conditions stated in— the authorised officer’s instrument of appointment; or a signed notice given to the authorised officer; or a regulation.
(sec.43-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers.
(sec.43-ssec.3) In this section— signed notice means a notice signed by the commissioner.
(a) the authorised officer’s instrument of appointment; or
(b) a signed notice given to the authorised officer; or
(c) a regulation.
sec.44
When office ends
sec.44 When office ends
The office of a person as an authorised officer ends if any of the following happens—
the term of office stated in a condition of office ends;
under another condition of office, the office ends;
the authorised officer’s resignation under section 45 takes effect.
Subsection (1) does not limit the ways the office of a person as an authorised officer ends.
In this section—
condition of office means a condition under which the authorised officer holds office.
(sec.44-ssec.1) The office of a person as an authorised officer ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the authorised officer’s resignation under section 45 takes effect.
(sec.44-ssec.2) Subsection (1) does not limit the ways the office of a person as an authorised officer ends.
(sec.44-ssec.3) In this section— condition of office means a condition under which the authorised officer holds office.
(a) the term of office stated in a condition of office ends;
(b) under another condition of office, the office ends;
(c) the authorised officer’s resignation under section 45 takes effect.
sec.45
Resignation
sec.45 Resignation
An authorised officer may resign by signed notice given to the commissioner.
sec.46
Authorised officer’s identity card
sec.46 Authorised officer’s identity card
The commissioner must issue an identity card to each authorised officer.
The identity card must—
contain a recent photograph of the authorised officer; and
contain a copy of the authorised officer’s signature; and
identify the person as an authorised officer under this part; and
state an expiry day for the card.
This section does not prevent the giving of a single identity card to a person for this Act and other purposes.
(sec.46-ssec.1) The commissioner must issue an identity card to each authorised officer.
(sec.46-ssec.2) The identity card must— contain a recent photograph of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer under this part; and state an expiry day for the card.
(sec.46-ssec.3) This section does not prevent the giving of a single identity card to a person for this Act and other purposes.
(a) contain a recent photograph of the authorised officer; and
(b) contain a copy of the authorised officer’s signature; and
(c) identify the person as an authorised officer under this part; and
(d) state an expiry day for the card.
sec.47
Production or display of identity card
sec.47 Production or display of identity card
In exercising a power in relation to a person in the person’s presence, an authorised officer must—
produce the authorised officer’s identity card for the person’s inspection before exercising the power; or
have the identity card displayed so it is clearly visible to the person when exercising the power.
However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.
For subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 51 (1) (b) or (d) .
(sec.47-ssec.1) In exercising a power in relation to a person in the person’s presence, an authorised officer must— produce the authorised officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.
(sec.47-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.
(sec.47-ssec.3) For subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 51 (1) (b) or (d) .
(a) produce the authorised officer’s identity card for the person’s inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to the person when exercising the power.
sec.48
Return of identity card
sec.48 Return of identity card
If the office of a person as an authorised officer ends, the person must return the person’s identity card to the commissioner within 21 days after the office ends unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
sec.49
References to exercise of powers
sec.49 References to exercise of powers
If—
a provision of this Act refers to the exercise of a power by an authorised officer; and
there is no reference to a specific power;
the reference is to the exercise of all or any authorised officers’ powers under this Act or a warrant, to the extent the powers are relevant.
(a) a provision of this Act refers to the exercise of a power by an authorised officer; and
(b) there is no reference to a specific power;
sec.50
Reference to document includes reference to reproductions from electronic document
sec.50 Reference to document includes reference to reproductions from electronic document
A reference in this Act to a document includes a reference to an image or writing—
produced from an electronic document; or
not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.
(a) produced from an electronic document; or
(b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.
pt.3-div.3
Entry of places by authorised officers
Entry of places by authorised officers
sec.51
General power to enter places
sec.51 General power to enter places
An authorised officer may enter a place if—
an occupier at the place consents under subdivision 2 to the entry and section 54 has been complied with for the occupier; or
it is a public place and the entry is made when the place is open to the public; or
the entry is authorised under a warrant and, if there is an occupier of the place, section 61 has been complied with for the occupier; or
it is a place of business and the entry is made when the place is—
open for carrying on business; or
otherwise open for entry.
For subsection (1) (d) , a place of business does not include a part of the place where a person resides.
If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.
If the power to enter is under a warrant, the power is subject to the terms of the warrant.
In this section—
public place means a place, or part of a place, the public is entitled to use or is open to, or used by, the public, whether or not on payment of an admission fee.
(sec.51-ssec.1) An authorised officer may enter a place if— an occupier at the place consents under subdivision 2 to the entry and section 54 has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 61 has been complied with for the occupier; or it is a place of business and the entry is made when the place is— open for carrying on business; or otherwise open for entry.
(sec.51-ssec.2) For subsection (1) (d) , a place of business does not include a part of the place where a person resides.
(sec.51-ssec.3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.
(sec.51-ssec.4) If the power to enter is under a warrant, the power is subject to the terms of the warrant.
(sec.51-ssec.5) In this section— public place means a place, or part of a place, the public is entitled to use or is open to, or used by, the public, whether or not on payment of an admission fee.
(a) an occupier at the place consents under subdivision 2 to the entry and section 54 has been complied with for the occupier; or
(b) it is a public place and the entry is made when the place is open to the public; or
(c) the entry is authorised under a warrant and, if there is an occupier of the place, section 61 has been complied with for the occupier; or
(d) it is a place of business and the entry is made when the place is— (i) open for carrying on business; or (ii) otherwise open for entry.
(i) open for carrying on business; or
(ii) otherwise open for entry.
(i) open for carrying on business; or
(ii) otherwise open for entry.
sec.52
Application of sdiv 2
sec.52 Application of sdiv 2
This subdivision 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 51 (1) (a) .
sec.53
Incidental entry to ask for access
sec.53 Incidental entry to ask for access
For the purpose of asking the occupier for the consent, 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 an occupier of the place.
(a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or
(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 an occupier of the place.
sec.54
Matters authorised officer must tell occupier
sec.54 Matters authorised officer must tell occupier
Before asking for the consent, the authorised officer must give a reasonable explanation to the occupier—
about the purpose of the entry, including the powers intended to be exercised; and
that the occupier is not required to consent; and
that the consent may be given subject to conditions and may be withdrawn at any time.
(a) about the purpose of the entry, including the powers intended to be exercised; and
(b) that the occupier is not required to consent; and
(c) that the consent may be given subject to conditions and may be withdrawn at any time.
sec.55
Consent acknowledgement
sec.55 Consent acknowledgement
If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.
The acknowledgement must state—
the purpose of the entry, including the powers to be exercised; and
that the following has been explained to the occupier—
the purpose of the entry, including the powers intended to be exercised;
the occupier is not required to consent;
the consent may be given subject to conditions and may be withdrawn at any time; and
that the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and
the time and day the consent was given; and
any conditions of the consent.
If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.
If—
an issue arises in a proceeding about whether the occupier consented to the entry; and
an acknowledgement complying with subsection (2) for the entry is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
(sec.55-ssec.1) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.
(sec.55-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and that the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; the occupier is not required to consent; the consent may be given subject to conditions and may be withdrawn at any time; and that the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.
(sec.55-ssec.3) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.
(sec.55-ssec.4) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
(a) the purpose of the entry, including the powers to be exercised; and
(b) that the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) the occupier is not required to consent; (iii) the consent may be given subject to conditions and may be withdrawn at any time; and
(i) the purpose of the entry, including the powers intended to be exercised;
(ii) the occupier is not required to consent;
(iii) the consent may be given subject to conditions and may be withdrawn at any time; and
(c) that the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and
(d) the time and day the consent was given; and
(e) any conditions of the consent.
(i) the purpose of the entry, including the powers intended to be exercised;
(ii) the occupier is not required to consent;
(iii) the consent may be given subject to conditions and may be withdrawn at any time; and
(a) an issue arises in a proceeding about whether the occupier consented to the entry; and
(b) an acknowledgement complying with subsection (2) for the entry is not produced in evidence;
sec.56
Application for warrant
sec.56 Application for warrant
An authorised officer may apply to a magistrate for a warrant for a place.
The authorised officer must prepare a written application that states the grounds on which the warrant is sought.
The written application must be sworn.
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 written application to be given by statutory declaration.
(sec.56-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.
(sec.56-ssec.2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought.
(sec.56-ssec.3) The written application must be sworn.
(sec.56-ssec.4) 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 written application to be given by statutory declaration.
sec.57
Issue of warrant
sec.57 Issue of warrant
The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.
The warrant must state—
the place to which the warrant applies; and
that a stated authorised officer or any authorised officer may with necessary and reasonable help and force—
enter the place and any other place necessary for entry to the place; and
exercise the authorised officer’s powers; and
particulars of the offence that the magistrate considers appropriate; and
the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and
the evidence that may be seized under the warrant; and
the hours of the day or night when the place may be entered; and
the magistrate’s name; and
the day and time of the warrant’s issue; and
the day, within 14 days after the warrant’s issue, the warrant ends.
(sec.57-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.
(sec.57-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised officer or any authorised officer may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised officer’s powers; and particulars of the offence that the magistrate considers appropriate; and the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.
(a) the place to which the warrant applies; and
(b) that a stated authorised officer or any authorised officer may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised officer’s powers; and
(i) enter the place and any other place necessary for entry to the place; and
(ii) exercise the authorised officer’s powers; and
(c) particulars of the offence that the magistrate considers appropriate; and
(d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and
(e) the evidence that may be seized under the warrant; and
(f) the hours of the day or night when the place may be entered; and
(g) the magistrate’s name; and
(h) the day and time of the warrant’s issue; and
(i) the day, within 14 days after the warrant’s issue, the warrant ends.
(i) enter the place and any other place necessary for entry to the place; and
(ii) exercise the authorised officer’s powers; and
sec.58
Electronic application
sec.58 Electronic application
An application under section 56 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of—
urgent circumstances; or
other special circumstances, including, for example, the authorised officer’s remote location.
The application—
may not be made before the authorised officer prepares the written application under section 56 (2) ; but
may be made before the written application is sworn.
(sec.58-ssec.1) An application under section 56 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.
(sec.58-ssec.2) The application— may not be made before the authorised officer prepares the written application under section 56 (2) ; but may be made before the written application is sworn.
(a) urgent circumstances; or
(b) other special circumstances, including, for example, the authorised officer’s remote location.
(a) may not be made before the authorised officer prepares the written application under section 56 (2) ; but
(b) may be made before the written application is sworn.
sec.59
Additional procedure if electronic application
sec.59 Additional procedure if electronic application
For an application made under section 58 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—
it was necessary to make the application under section 58 ; and
the way the application was made under section 58 was appropriate.
After the magistrate issues the original warrant—
if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or
otherwise—
the magistrate must tell the authorised officer the information mentioned in section 57 (2) ; and
the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 57 (2) provided by the magistrate.
The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.
The authorised officer must, at the first reasonable opportunity, send to the magistrate—
the written application complying with section 56 (2) and (3) ; and
if the authorised officer completed a form of warrant under subsection (2) (b) , the completed form of warrant.
The magistrate must keep the original warrant and, on receiving the documents under subsection (4) —
attach the documents to the original warrant; and
give the original warrant and documents to the clerk of the court of the relevant magistrates court.
Despite subsection (3) , if—
an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and
the original warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.
This section does not limit section 56 .
In this section—
relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .
(sec.59-ssec.1) For an application made under section 58 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 58 ; and the way the application was made under section 58 was appropriate.
(sec.59-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the information mentioned in section 57 (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 57 (2) provided by the magistrate.
(sec.59-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.
(sec.59-ssec.4) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 56 (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (2) (b) , the completed form of warrant.
(sec.59-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.
(sec.59-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.
(sec.59-ssec.7) This section does not limit section 56 .
(sec.59-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .
(a) it was necessary to make the application under section 58 ; and
(b) the way the application was made under section 58 was appropriate.
(a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or
(b) otherwise— (i) the magistrate must tell the authorised officer the information mentioned in section 57 (2) ; and (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 57 (2) provided by the magistrate.
(i) the magistrate must tell the authorised officer the information mentioned in section 57 (2) ; and
(ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 57 (2) provided by the magistrate.
(i) the magistrate must tell the authorised officer the information mentioned in section 57 (2) ; and
(ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 57 (2) provided by the magistrate.
(a) the written application complying with section 56 (2) and (3) ; and
(b) if the authorised officer completed a form of warrant under subsection (2) (b) , the completed form of warrant.
(a) attach the documents to the original warrant; and
(b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.
(a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and
(b) the original warrant is not produced in evidence;
sec.60
Defect in relation to a warrant
sec.60 Defect in relation to a warrant
A warrant is not invalidated by a defect in—
the warrant; or
compliance with this subdivision;
unless the defect affects the substance of the warrant in a material particular.
In this section—
warrant includes a duplicate warrant mentioned in section 59 (3) .
(sec.60-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with this subdivision; unless the defect affects the substance of the warrant in a material particular.
(sec.60-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 59 (3) .
(a) the warrant; or
(b) compliance with this subdivision;
sec.61
Entry procedure
sec.61 Entry procedure
This section applies if an authorised officer is intending to enter a place under a warrant issued under this subdivision.
Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things—
identify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment;
give the person a copy of the warrant;
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.
However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.
In this section—
warrant includes a duplicate warrant mentioned in section 59 (3) .
(sec.61-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this subdivision.
(sec.61-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 to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment; give the person a copy of the warrant; 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.
(sec.61-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.
(sec.61-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 59 (3) .
(a) identify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment;
(b) give the person a copy of the warrant;
(c) tell the person the authorised officer is permitted by the warrant to enter the place;
(d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.
pt.3-div.4
General powers of authorised officers after entering places
General powers of authorised officers after entering places
sec.62
Application of div 4
sec.62 Application of div 4
The powers under this division may be exercised if an authorised officer enters a place under section 51 (1) .
However, the powers under this division are subject to any conditions of any consent or terms of any warrant.
(sec.62-ssec.1) The powers under this division may be exercised if an authorised officer enters a place under section 51 (1) .
(sec.62-ssec.2) However, the powers under this division are subject to any conditions of any consent or terms of any warrant.
sec.63
General powers
sec.63 General powers
The authorised officer may do any of the following (each a general power )—
search any part of the place;
inspect, examine or film any part of the place or anything at the place;
place an identifying mark in or on anything at the place;
take an extract from, or copy, a document at the place, or take the document to another place to copy;
produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;
take to, into or onto the place and use, any person, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division;
remain at the place for the time necessary to achieve the purpose of the entry.
The authorised officer may take a necessary step to allow the exercise of a general power.
If the authorised officer takes a document from the place to copy it, the authorised officer must copy and return the document to the place as soon as practicable.
If the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.
In this section—
examine includes analyse, test, account, measure, weigh, grade, gauge and identify.
film includes photograph, videotape and record an image in another way.
inspect , a thing, includes open the thing and examine its contents.
(sec.63-ssec.1) The authorised officer may do any of the following (each a general power )— search any part of the place; inspect, examine or film any part of the place or anything at the place; place an identifying mark in or on anything at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use, any person, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division; remain at the place for the time necessary to achieve the purpose of the entry.
(sec.63-ssec.2) The authorised officer may take a necessary step to allow the exercise of a general power.
(sec.63-ssec.3) If the authorised officer takes a document from the place to copy it, the authorised officer must copy and return the document to the place as soon as practicable.
(sec.63-ssec.4) If the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.
(sec.63-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.
(a) search any part of the place;
(b) inspect, examine or film any part of the place or anything at the place;
(c) place an identifying mark in or on anything at the place;
(d) take an extract from, or copy, a document at the place, or take the document to another place to copy;
(e) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;
(f) take to, into or onto the place and use, any person, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division;
(g) remain at the place for the time necessary to achieve the purpose of the entry.
sec.64
Power to require reasonable help
sec.64 Power to require reasonable help
The authorised officer may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.
When making the help requirement, the authorised officer must warn the person that, without a reasonable excuse, it is an offence for the person to whom the requirement is made not to comply with it.
(sec.64-ssec.1) The authorised officer may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.
(sec.64-ssec.2) When making the help requirement, the authorised officer must warn the person that, without a reasonable excuse, it is an offence for the person to whom the requirement is made not to comply with it.
sec.65
Offence to contravene help requirement
sec.65 Offence to contravene help requirement
A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual.
(sec.65-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.65-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual.
sec.66
Evidential immunity for individuals complying with help requirement
sec.66 Evidential immunity for individuals complying with help requirement
Subsection (2) applies if an individual gives or produces information or a document to an authorised officer under a help requirement.
Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual in the proceeding.
Subsection (2) does not apply to—
a proceeding about the false or misleading nature of the information or anything in the document; or
a proceeding in which the false or misleading nature of the information or document is relevant evidence.
(sec.66-ssec.1) Subsection (2) applies if an individual gives or produces information or a document to an authorised officer under a help requirement.
(sec.66-ssec.2) Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual in the proceeding.
(sec.66-ssec.3) Subsection (2) does not apply to— a proceeding about the false or misleading nature of the information or anything in the document; or a proceeding in which the false or misleading nature of the information or document is relevant evidence.
(a) a proceeding about the false or misleading nature of the information or anything in the document; or
(b) a proceeding in which the false or misleading nature of the information or document is relevant evidence.
pt.3-div.5
Seizure by authorised officers
Seizure by authorised officers
sec.67
Seizing evidence at a place that may be entered without consent or warrant
sec.67 Seizing evidence at a place that may be entered without consent or warrant
An authorised officer who enters a place the authorised officer may enter under this Act without the consent of an occupier of the place and without a warrant may seize a thing at the place if the authorised officer reasonably believes the thing is evidence of an offence against this Act.
sec.68
Seizing evidence at a place that may be entered only with consent or warrant
sec.68 Seizing evidence at a place that may be entered only with consent or warrant
This section applies if—
an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and
the authorised officer enters the place after obtaining the consent or under a warrant.
If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if—
the authorised officer reasonably believes the thing is evidence of an offence against this Act; and
seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.
If the authorised officer enters the place under a warrant, the authorised officer may seize the evidence for which the warrant was issued.
The authorised officer may also seize anything else at the place if the authorised officer reasonably believes—
the thing is evidence of an offence against this Act; and
the seizure is necessary to prevent the thing being hidden, lost or destroyed.
(sec.68-ssec.1) This section applies if— an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the authorised officer enters the place after obtaining the consent or under a warrant.
(sec.68-ssec.2) If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if— the authorised officer reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.
(sec.68-ssec.3) If the authorised officer enters the place under a warrant, the authorised officer may seize the evidence for which the warrant was issued.
(sec.68-ssec.4) The authorised officer may also seize anything else at the place if the authorised officer reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.
(a) an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and
(b) the authorised officer enters the place after obtaining the consent or under a warrant.
(a) the authorised officer reasonably believes the thing is evidence of an offence against this Act; and
(b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.
(a) the thing is evidence of an offence against this Act; and
(b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.
sec.69
Seizure of property subject to security
sec.69 Seizure of property subject to security
An authorised officer may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.
However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person acting for the authorised officer.
(sec.69-ssec.1) An authorised officer may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.
(sec.69-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person acting for the authorised officer.
sec.70
Power to secure seized thing
sec.70 Power to secure seized thing
Having seized a thing under this division, an authorised officer may—
leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or
move it from the place of seizure.
For subsection (1) (a) , the authorised officer may, for example—
seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or
for equipment—make it inoperable; or
dismantling it or removing a component without which the equipment can not be used
require a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1) (a) .
(sec.70-ssec.1) Having seized a thing under this division, an authorised officer may— leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move it from the place of seizure.
(sec.70-ssec.2) For subsection (1) (a) , the authorised officer may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable; or dismantling it or removing a component without which the equipment can not be used require a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1) (a) .
(a) leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or
(b) move it from the place of seizure.
(a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or
(b) for equipment—make it inoperable; or Example of making equipment inoperable— dismantling it or removing a component without which the equipment can not be used
(c) require a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1) (a) .
sec.71
Offence to contravene other seizure requirement
sec.71 Offence to contravene other seizure requirement
A person must comply with a requirement made of the person under section 70 (2) (c) unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
sec.72
Offence to interfere
sec.72 Offence to interfere
If access to a seized thing is restricted under section 70 , a person must not tamper with the thing or with anything used to restrict access to the thing without—
an authorised officer’s approval; or
a reasonable excuse.
Maximum penalty—40 penalty units.
If access to a place is restricted under section 70 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—
an authorised officer’s approval; or
a reasonable excuse.
Maximum penalty—40 penalty units.
(sec.72-ssec.1) If access to a seized thing is restricted under section 70 , a person must not tamper with the thing or with anything used to restrict access to the thing without— an authorised officer’s approval; or a reasonable excuse. Maximum penalty—40 penalty units.
(sec.72-ssec.2) If access to a place is restricted under section 70 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an authorised officer’s approval; or a reasonable excuse. Maximum penalty—40 penalty units.
(a) an authorised officer’s approval; or
(b) a reasonable excuse.
(a) an authorised officer’s approval; or
(b) a reasonable excuse.
sec.73
Receipt and decision notice for seized thing
sec.73 Receipt and decision notice for seized thing
This section applies if an authorised officer seizes anything under this division unless—
the authorised officer reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or
because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.
The authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—
a receipt for the thing that generally describes the thing and its condition; and
a decision notice about the decision to seize it.
However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and decision notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.
The receipt and decision notice may—
be given in the same document; and
relate to more than 1 seized thing.
The authorised officer may delay giving the receipt and decision notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this Act.
However, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.
(sec.73-ssec.1) This section applies if an authorised officer seizes anything under this division unless— the authorised officer reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.
(sec.73-ssec.2) The authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and a decision notice about the decision to seize it.
(sec.73-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and decision notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.
(sec.73-ssec.4) The receipt and decision notice may— be given in the same document; and relate to more than 1 seized thing.
(sec.73-ssec.5) The authorised officer may delay giving the receipt and decision notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this Act.
(sec.73-ssec.6) However, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.
(a) the authorised officer reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or
(b) because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.
(a) a receipt for the thing that generally describes the thing and its condition; and
(b) a decision notice about the decision to seize it.
(a) be given in the same document; and
(b) relate to more than 1 seized thing.
sec.74
Access to seized thing
sec.74 Access to seized thing
Until a seized thing is returned, the authorised officer who seized the thing must allow an owner of the thing—
to inspect it at any reasonable time and from time to time; and
if it is a document—to copy it.
Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.
The inspection or copying must be allowed free of charge.
(sec.74-ssec.1) Until a seized thing is returned, the authorised officer who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.
(sec.74-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.
(sec.74-ssec.3) The inspection or copying must be allowed free of charge.
(a) to inspect it at any reasonable time and from time to time; and
(b) if it is a document—to copy it.
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
pt.1-div.1 Introduction
Introduction
sec.1 Short title
sec.1 Short title
This Act may be cited as the Building Boost Grant Act 2011 .
sec.2 Commencement
sec.2 Commencement
The following provisions are taken to have commenced on 1 August 2011—
part 1 , divisions 2 to 4 , other than section 9 (1) (h) and (4) ;
part 2 , other than sections 18 (e) (vii) , 29 , 32 (2) (c) (iii) and 38(1)(a) and (b)(i) and (iii);
sections 94 , 95 (1) to (3) , 102 , 103 , 105 , 106 and 107 ;
schedule 2 .
Part 7 commences immediately after the commencement of this section.
(sec.2-ssec.1) The following provisions are taken to have commenced on 1 August 2011— part 1 , divisions 2 to 4 , other than section 9 (1) (h) and (4) ; part 2 , other than sections 18 (e) (vii) , 29 , 32 (2) (c) (iii) and 38(1)(a) and (b)(i) and (iii); sections 94 , 95 (1) to (3) , 102 , 103 , 105 , 106 and 107 ; schedule 2 .
(sec.2-ssec.2) Part 7 commences immediately after the commencement of this section.
(a) part 1 , divisions 2 to 4 , other than section 9 (1) (h) and (4) ;
(b) part 2 , other than sections 18 (e) (vii) , 29 , 32 (2) (c) (iii) and 38(1)(a) and (b)(i) and (iii);
(c) sections 94 , 95 (1) to (3) , 102 , 103 , 105 , 106 and 107 ;
(d) schedule 2 .
pt.1-div.2 Purpose of the Act
Purpose of the Act
sec.3 Purpose of Act and its achievement
sec.3 Purpose of Act and its achievement
The purpose of this Act is to stimulate the housing market in Queensland in the following ways—
assisting the affordability of housing;
increasing the supply of housing;
supporting employment in the housing construction industry.
The purpose is achieved mainly by establishing a scheme for payment of a building boost grant.
(sec.3-ssec.1) The purpose of this Act is to stimulate the housing market in Queensland in the following ways— assisting the affordability of housing; increasing the supply of housing; supporting employment in the housing construction industry.
(sec.3-ssec.2) The purpose is achieved mainly by establishing a scheme for payment of a building boost grant.
(a) assisting the affordability of housing;
(b) increasing the supply of housing;
(c) supporting employment in the housing construction industry.
pt.1-div.3 Interpretation
Interpretation
Enforcement and compliance architecture is extensive: authorised officers may investigate, compel information and documents, enter places (with consent or warrant), seize and retain evidence, and require help from persons on site (Pt 3 Divs 1-6; ss 39, 51, 63-76). False or misleading information and obstruction attract statutory penalties (s 81, s 82). If a grant is incorrectly paid, repayment notices, penalty notices and recovery mechanisms apply; the commissioner can register a first charge on the applicant’s interest in land and pursue garnishee procedures (ss 35-38, 84-91, 86, 87). The Act contains transitional and retrospective application provisions for specified parts (Pt 6).
The Act therefore changes behaviour by (a) creating a financial incentive to buy or build a qualifying new home within defined deadlines and price ceilings, (b) imposing documentary and residency/ownership tests on applicants, and (c) empowering an administratively capable revenue body to investigate and recover wrongly paid grants. The official purpose claim (s 3) is explicit; later sections translate that claim into eligibility, payment and enforcement mechanics.
Main concepts
This Act pivots on a small set of statutory definitions and thresholds that determine eligibility, entitlement and enforcement scope.
Building boost grant and eligible transaction. A building boost grant is the payment under Pt 2 (s 5). An eligible transaction is defined as an eligible home purchase contract, eligible home building contract or eligible owner‑builder arrangement, subject to s 18 exclusions (s 6).
Home and new home. A “home” is materially a single family dwelling suitable and lawfully able to be used as a residence, fixed to land used mainly for residential or mixed primary production and residential purposes (s 7). The Act expressly treats display homes as homes for grant purposes (s 7(3)). A “new home” is either never previously occupied or transferred as a residence, or a “substantially renovated” home where the sale is a taxable supply of new residential premises under the Commonwealth GST Act (A New Tax System (Goods and Services Tax) Act 1999) and the renovated home has not been previously occupied (s 8).
Relevant interest and unencumbered value. “Relevant interest” is a wide concept that includes fee simple, certain instalment contracts, rights to occupy when given by a relative, manufactured home site agreements, leasehold interests (including specified Aboriginal and Torres Strait Islander leases), and other interests declared by regulation (s 9). Crucially, a relevant interest is not one unless the holder has, or will have within one year, a right to immediate occupation (s 9(3)). “Unencumbered value” is the value determined without regard to encumbrances, non‑arm’s‑length arrangements that reduce value, or arrangements where a significant purpose was reduction of value in the commissioner’s opinion; trust liabilities are also disregarded (s 10). The definition ensures the $600,000 cap (see below) is assessed on a notional market value basis excluding contrived encumbrances (s 10).
Temporal and monetary thresholds. Transaction commencement day is the contract date for purchase/building contracts or the day foundations are laid for owner‑builder arrangements (s 13). Most eligible contracts must have commencement between 1 Aug 2011 and 1 May 2012 (ss 14-17). The Act imposes a $600,000 combined threshold , the total of unencumbered value of the home plus the unencumbered value of the land interest (for purchases), or the consideration plus unencumbered value of the land interest (for building/owner‑builder contracts) must be less than $600,000 (ss 14(e), 16(f), 17(d)).
Grant amount and offsets. The grant equals the lesser of the consideration and $10,000 (s 32(1)). The “consideration” amount is reduced by certain other public assistance amounts (Commonwealth First Home Saver Account contributions that are used, National Rental Affordability Scheme incentive for FY 2011-12, first home owner grant, insurance payments toward building the home, and other prescribed financial assistance) but not reduced by assistance to mitigate natural disasters (s 32(2)-(3)).
Occupancy and anti‑abuse rules. Applicants must ensure the home is occupied as a place of residence for at least three months before the earlier of one year after completion or transfer of the relevant interest (s 25). The Act forbids certain transactions structured to defer commencement dates into the eligibility window (post‑eligibility arrangements entered on or after 14 June 2011) (s 18(d)). If an applicant receives a grant and later the transaction ceases to meet the monetary eligibility criteria or occupancy requirement, repayment and penalty regimes apply (ss 35-38).
Applicant nationality/ownership tests. Eligibility depends on being an Australian individual (over 18, citizen or permanent resident) or a corporation/trust that is “substantially Australian owned” (s 21). “Substantially Australian owned” generally requires at least 75% value ownership by Australian entities (share or trust interest thresholds) or being a listed entity (s 19). The commissioner is given discretion where ownership chains are complex or where an ineligible individual may significantly benefit (s 19(3)-(5)).
Administration, investigation and enforcement. The commissioner is responsible for administration and has broad powers to require information, verify documents, authorise investigations and appoint authorised officers. Authorised officers have statutory powers of entry, search, seizure, to require help and to take copies or images , both with consent and under warrant (s 11; Pt 3 Divs 1-6). The Act provides substantial investigatory tools and recovery mechanics (repayment notices, penalty notices, registration of charge over land and garnishee procedures) (ss 35-38, 84-90).
These concepts interact: eligibility depends on ownership structure (s 19) plus value calculations (s 10), precise dates (ss 13-17), and occupation obligations (s 25); the commissioner has discretion to determine value (s 106) and to question or require more information (s 30).
Who it affects
The Act’s primary financial impact falls on a defined set of individuals and entities who purchase or build qualifying new homes in Queensland during the specified temporal window. The categories and concrete implications are:
Eligible private applicants. Individuals aged at least 18 who are Australian citizens or permanent residents and who will hold a relevant interest in the land on which a new home is, or is to be, built may apply (s 21). These applicants gain up to $10,000 per eligible transaction (s 32). The occupancy requirement (s 25) imposes behavioural obligations post‑completion: the home must be occupied for a total of at least three months within a fixed period, though occupancy need not be by the applicant (s 25(2)).
Corporations and trusts with Australian ownership. Corporations substantially Australian owned and trustees of trusts substantially Australian owned may apply (s 21). Substantial Australian ownership is tested by 75% value thresholds or listed‑entity status, and the commissioner has discretion to look through complex structures and disregard entities where an ineligible individual would significantly benefit (s 19). This affects corporate structuring decisions for property acquisition, and imposes a due diligence burden to evidence ownership lines.
Builders and businesses. Notably, persons who carry on a business involving building homes and enter the transaction in the course of that business are excluded from eligibility (s 26(1)(a)). The policy thus targets end purchasers and owner‑builders rather than professional builders, but a corollary is that builders cannot obtain the grant for homes they sell as part of their business operations.
Government and agencies. The Commonwealth, the State, other States and government agencies as defined are not eligible (s 26(1)(b)-(c); s 26(2) provides an expansive list of what constitutes a government agency). That excludes public housing providers and most statutory entities.
Lenders and financial intermediaries. Although the Act does not make lenders applicants, it permits the commissioner to enter administration agreements with financial institutions to administer grant payments (s 11(3)(a)). The commissioner may also apply a grant to the applicant’s State tax liabilities if requested (s 34(2)). Additionally, recovery powers (garnishee s 87) create a compliance risk where repayable grants can be collected from third parties holding amounts for the applicant.
Owners of land and co‑owners. The Act requires that each interested person who will have a relevant interest on completion be an applicant (s 28). Coexisting relevant interests (e.g. where co‑ownership or subleases exist) create coordination requirements: co‑owners must apply together unless a coexisting relevant interest holder is the applicant (s 28(3)). This affects conveyancing and settlement coordination.
Individuals involved in administration, agents and authorised officers. The Act confers investigatory powers and confidentiality obligations on officials and employees (s 104), and officials receive statutory protection from civil liability if acting honestly and without negligence (s 103).
The wider market. While not direct recipients, market participants are affected by the temporal demand shock the scheme intends to create. The statutory price/value ceiling ($600,000) and $10,000 maximum grant channel demand towards lower‑priced new homes in Queensland (ss 14-17, s 32). The Act also excludes transactions that exploit deferrals into the eligibility period (s 18(d)), which affects contract timing strategies.
Who bears enforcement costs and administrative burdens. The commissioner administers the scheme (s 11). Applicants bear compliance costs , record‑keeping, valuations on request (s 106), responding to information notices within at least five business days (s 30), and potential repayments/penalties and related legal costs if eligibility is defective or representations are false (ss 35-38, 81, 84-85).
Finally, the Act’s transitional and retrospective provisions (Pt 6) impose obligations or rights in relation to actions taken before assent, affecting those who transacted or gave information in the period leading up to commencement (see Pt 6, ss 109-120). These transitional rules extend the scheme’s reach and impose short‑term compliance demands on historical transactions.
Key duties and rights
The Act sets out who can claim a grant, the conditions to be met, and the administrative and statutory duties applicants and the commissioner must observe. Rights and duties are concrete and interdependent.
Applicant duties and rights
Duty to qualify and apply properly. An applicant is entitled to a grant only if the transaction is eligible and completed (though the commissioner may allow earlier payment), each applicant meets the eligibility criteria under Div 3, and the application is properly made (s 12). Applications must be to the commissioner or an agent, in the approved form, with required supporting information, and within the application period (from transaction commencement to one year after completion) unless the commissioner allows otherwise (s 27).
Joint application requirement. For home transactions, each interested person who will have a relevant interest on completion must be an applicant (s 28). This imposes a coordination duty on co‑owners or co‑purchasers.
Occupancy requirement. An applicant must ensure the home is occupied for at least three months before the earlier of one year after completion or transfer (s 25). The home need not be occupied by the applicant, and the three months need not be continuous (s 25(2)). If a first home owner grant is received and residence requirements under that Act are met, s 25(3) deems the occupancy requirement satisfied.
Duty to respond to commissioner’s information requests. The commissioner may ask for further reasonable information or documents by notice and give at least five business days for compliance (s 30). Failure to comply without reasonable excuse permits refusal of an application and can attract penalties under general investigatory provisions.
Duty to give preliminary notice in some late applications. If an applicant does not intend to apply before a specified “notice day” (1 Sep 2012 or later allowed by commissioner), and intends to apply after that date, the applicant must give a preliminary notice before that day or lose the right to apply (s 29). This is subject to exceptions for concurrent FHOG applications.
Duty to correct or repay where eligibility changes or was misrepresented. If ineligibility is discovered after an early payment (e.g. value exceeds threshold on completion) the applicant must notify the commissioner and repay within 28 days (s 35). Similarly, where the occupancy requirement is contravened after early payment, the applicant must notify and repay within 14 days of the “relevant day” (s 36). Conditions imposed on grants may specify repayment and notification duties (s 37). Failure to comply with these repayment duties may attract penalties and recovery actions (ss 38, 84-85).
Right to objection and review. Applicants dissatisfied with a decision for which a decision notice is given may object in writing within specified periods and must state grounds in full detail (s 94). The commissioner must consider the objection and either confirm or set aside/replace the original decision and provide reasons (s 95). Applicant may seek QCAT review within 60 days after notice of the objection decision; QCAT generally reconsider evidence before the commissioner (ss 96-97). Parties may be represented by lawyers in QCAT (s 98).
Commissioner and authorised officers: powers and duties
Administrative duty and broad powers. The commissioner is responsible for administration and enforcement (s 11(1)). The commissioner may do anything necessary or convenient to perform functions (s 11(2)), enter administration agreements (s 11(3)), approve forms (s 107), and delegate powers (s 102).
Decision‑making powers and conditions. The commissioner must consider each application and authorise payment when satisfied entitlement exists, and may impose reasonable conditions on grants (s 31). When imposing a condition that creates a repayment obligation, the Act provides statutory repayment and penalty regimes (s 37).
Investigatory and enforcement powers. For authorised investigations the commissioner may require written information, compel attendance and production of documents, and require verification on oath or statutory declaration (s 39). Authorised officers appointed by the commissioner have powers to enter places (consent, public place, warrant, place of business), search, seize, copy, require reasonable help, and secure seized items (ss 51, 63-71). The Act imposes duties on authorised officers to avoid inconveniencing or damaging people and property where practicable and to give notice of damage (ss 78-79), and authorises compensation claims against the State where loss arises from exercise or purported exercise of powers (s 80).
Recovery and remedial powers. If repayment is required, the commissioner may issue repayment notices (s 38), impose penalty notices up to the amount wrongly paid (s 84), and recover amounts as a debt in court (s 85). The commissioner may register a first charge over the applicant’s interest in land (s 86) and use garnishee notices to collect amounts from third parties (s 87). The Act provides that penalty notices are an alternative to prosecution where they have been paid or refunded (s 92).
Rights to confidentiality and limits on use of information
Confidentiality obligations. Persons engaged in administration must not disclose confidential information except in specified circumstances (written consent, authorised by law, in connection with administration or enforcement, or for a legal proceeding under this Act) (s 104(2)-(3)). The commissioner may disclose confidential information to police where there is a particular offence or suspected offence (s 104(4)-(5)). Maximum penalty for unauthorised disclosure is 100 penalty units (s 104(2)).
Evidentiary protections
Evidential immunities. Individuals who comply with a help requirement to produce information/documents under an authorised officer’s request receive an evidential immunity , evidence of the information and derivative evidence is not admissible against the individual to the extent it tends to incriminate (s 66). Similar immunity applies to individuals who correct false/misleading information under transitional ss 113-114.
These duties and rights create a compliance regime that requires applicants to prepare documentary evidence, coordinate with co‑applicants, meet occupancy and timing tests, respond promptly to notices, and be aware of recovery tools the commissioner may deploy.
Penalties and enforcement
The Act combines administrative remedies, civil recovery mechanisms and criminal penalties (summary offences) to enforce compliance. The enforcement architecture is layered.
Penalties for supply of false or misleading information and related offences
False or misleading information. Providing information or a document that the person knows is false or misleading in a material particular in relation to the administration of the Act attracts a maximum penalty of 70 penalty units (s 81). The section applies whether or not the information was provided in response to a statutory power. A narrow exception exists for persons who, when giving a document, disclose how it is false or misleading and supply correct information if they can (s 81(3)).
Failure to comply with investigatory and assistance requirements. The Act imposes maximum penalties (commonly 40 penalty units) for failures such as not complying with a requirement under s 39 (investigation notices) (s 39(3)-(4)), not complying with help requirements on site (s 65), not complying with information requirements (s 77), obstructing an authorised officer (s 82), impersonating an authorised officer (s 83), and failing to return identity cards (s 48).
Confidentiality breaches. Unauthorised disclosure of confidential information by persons engaged in administration is punishable by up to 100 penalty units (s 104(2)).
Administrative enforcement and recovery
Repayment notices and penalty notices. Where grants are paid but later found not to be payable (contravention of consideration or occupancy requirements, or a repayment condition), the commissioner may issue a repayment notice requiring repayment within at least 60 days (s 38). If the recipient does not repay, the commissioner may issue a penalty notice for an amount up to the wrongly paid grant (s 84). Such penalty notices must be accompanied by a decision notice (s 84(3)).
Debt recovery and interest. Amounts required to be repaid or penalty amounts are a debt payable to the commissioner and may be sued for in a court with jurisdiction (s 85). The commissioner may enter instalment arrangements and include interest at an annual rate equal to bank bill yield rate plus 8% (s 85(5)).
Charge over land, garnishee and registration. The commissioner may register a first charge over the applicant’s interest in the land where the home is built (s 86). The charge has priority over other encumbrances (s 86(3)). The commissioner may also serve garnishee notices to collect from third parties who hold amounts for or owe amounts to the applicant (s 87). The garnishee notice remains effective until the amount is paid or withdrawn (s 88) and garnishee payments discharge obligations to the applicant to the extent paid (s 90).
Litigation and court orders. If prosecutorial proceedings result in convictions for specified offences (e.g. ss 35(4), 36(3), 37(2), 81(1)), a court may order repayment and in some cases order payment of an amount twice the grant where the offence formed part of a scheme to circumvent eligibility rules (s 93). Penalty notices are expressly alternative to prosecution , commencement of a relevant proceeding prevents the penalty amount from being enforceable unless the commissioner withdraws the proceeding (s 92).
Investigatory and coercive powers
Authorised investigations and compulsory production. The commissioner may require written information, attendance and production of documents (s 39), and authorised officers may require help on site (s 64) and compel information (s 76) when there are reasonable grounds to suspect an offence.
Entry, search and seizure. Authorised officers may enter places with consent, when public, under warrant, or during business hours for places of business (s 51). Warrant procedures (ss 56-61) allow magistrates to issue warrants where there are reasonable grounds to suspect evidence of an offence will be found. Seizure powers permit taking evidence and securing seized items; there are rules for receipts, access and return (ss 67-75). The Act provides that defects in warrants do not invalidate warrants unless the defect affects substance materially (s 60).
Protection and compensation. Officials acting honestly and without negligence are protected from civil liability; if liability is prevented the State substitutes liability (s 103). Persons suffering loss due to the exercise or purported exercise of powers may claim compensation from the State; courts may order compensation if it is just in circumstances (s 80).
Procedural safeguards and review
Decision notices and rights to object. Where refusal or imposition of a condition occurs, the decision must be accompanied by a decision notice, setting out review rights (s 31(5)). Applicants may object in writing within specified timeframes and the commissioner must consider objections (ss 94-95). QCAT review is available within 60 days and QCAT generally reviews on the evidence before the commissioner (ss 96-97).
Evidential immunities. Individuals producing information under statutory compulsion receive limited evidential immunity from use of that information to incriminate them (s 66); similar protections exist for correcting prior false/misleading information under transitional provisions (ss 113-114).
Enforcement is therefore both administrative (repayment notices, penalties, charges, garnishee) and coercive (search, seizure, compulsory production), with statutory penalties for obstruction and falsehoods and procedural review via objection and QCAT.
How it interacts with other laws
The Act explicitly cross‑references and interoperates with a number of state and Commonwealth statutes and regulatory regimes; these cross‑references shape eligibility tests, valuation and enforcement interactions.
Primary cross‑references and consequences
First Home Owner Grant Act. For transactions where the first home owner grant is paid or payable, the Act harmonises definitions: where the first home owner grant applies, “home” and “relevant interest” have the same meanings as in the First Home Owner Grant Act (s 7(2); s 9(2)). Also, if a first home owner grant is paid and the applicant satisfies residence requirements under that Act, the occupancy requirement in s 25 is treated as satisfied (s 25(3)). This coupling simplifies compliance for first home applicants and avoids overlapping residence tests.
Duties Act 2001 (transfer duty) and Duties concessions. A home purchase contract is ineligible where transfer duty is not payable under the Duties Act except in limited cases (first home concession, manufactured homes exemption, and charitable institution exemption) (s 18(c)). This links grant eligibility to duty status and prevents grants for duty‑exempt purchases except where those specific exemptions apply.
A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). The “substantially renovated home” test in s 8(2) imports the Commonwealth GST definition of sale of new residential premises (section 40‑75(1)(b) of the GST Act). Therefore, GST characterisation of a sale can affect whether a dwelling qualifies as a “new home” under this Act.
Property Law Act 2023. The definition of relevant interest refers to instalment contracts under the Property Law Act 2023, section 89 (s 9(1)(b)(ii)). Thus, the rights and consequences under that Act feed into entitlement to the grant.
Valuers Registration Act 1992 and valuation regime. The commissioner may require valuations by a registered valuer and recover costs (s 106). The Act therefore invokes the state’s existing valuer regulation for evidentiary support of value determinations.
Magistrates Act 1991 and warrant procedure. Warrant applications and administration reference the magistrate and relevant Magistrates Court framework (ss 56-61), linking to general criminal justice procedures for warrants and judicial oversight.
QCAT Act. Procedural requirements for decision notices and objections are tied to the QCAT Act. Notice of an objection decision must comply with QCAT Act s 157(2) and QCAT is the avenue for review (ss 95(4), 96-98). QCAT’s review is constrained by ss 97 (limited to evidence before the commissioner unless it is in interests of justice to receive new evidence).
Public Sector Act 2022 and other state statutes. The definition of “government agency” in s 26(2) draws on the Public Sector Act 2022 s 276 and references to local government and transport‑linked entities cite the Local Government Act 2009 and the Transport Infrastructure Act 1994 (s 26(2)). This determines exclusionary scope for public bodies.
Revenue law sharing and confidentiality. Section 105 allows the commissioner to use information obtained under revenue laws for administering or enforcing this Act (s 105). Section 104 restricts disclosure of confidential information but permits disclosure for administration, enforcement, or to police where there is suspected offending (s 104(3)-(5)). These provisions interact with broader revenue confidentiality doctrines and information‑sharing arrangements.
Interactional consequences and friction points
Harmonising residence and first home concessions: coupling with the First Home Owner Grant Act (s 7(2), s 25(3)) reduces duplication but requires applicants to comply with multiple statutory residence tests in practice.
Valuation disputes and interlinked statutes: the Act empowers the commissioner to seek or obtain valuations (s 106) and to make value adjustments based on unencumbered value definitions (s 10). Where the calculation of market versus unencumbered value implicates trust liabilities or non‑arm’s‑length arrangements, applicants may need to reconcile state property law, trust law and Valuers Registration Act obligations.
Recovery and land title systems. The commissioner’s ability to register a first charge (s 86) interacts with land titles and encumbrance registration regimes; registrars must accept the commissioner’s certificate and register or release charges on payment. That creates a practical intersection with land registration practice.
Criminal process overlaps. Warranted searches for evidence of offences under the Act rely on magistrates and police involvement (s 57, s 104(5)). The Act’s investigatory powers sit beside criminal procedure rules and police investigatory powers; disclosure and use of information in prosecutions will engage broader evidentiary rules.
Commonwealth‑State interactions on GST and other assistance. The definition of substantially renovated home refers to the GST Act (s 8(2)), and s 18(e) excludes transactions receiving certain Commonwealth/State financial assistance except for enumerated types. That requires cross‑agency awareness where federal schemes (e.g. FHOG, first home saver contributions) are involved.
In short, the Act is not self‑contained: entitlement and enforcement depend on thresholds and definitions drawn from Commonwealth and State revenue, property and valuation legislation, and administration interacts with revenue information sharing and court/QCAT processes.
Amendment history
The Act text contains embedded amendment and commencement notes that record several legislative updates and transitional insertions. The source provides the following explicit amendment history entries and transitional inserts; the deep dive lists them as recorded in the text rather than as an exhaustive legislative history beyond the Act content.
Commencement and retrospective commencement. Section 2 contains explicit retrospective commencement provisions taken to have commenced on 1 August 2011 for specified provisions (part 1 divisions 2-4 other than s 9(1)(h) and (4); part 2 other than specified clauses; ss 94, 95(1)-(3), 102-107; schedule 2). Part 7 commences immediately after s 2 (s 2 and its subparts).
2011 and 2012 amendments recorded in the text. Several sections show amendment notes:
s 4: amended note s 4 amd 2011 No. 36 s 122.
s 14, s 16, s 17, s 29: annotated as amended by 2012 No. 4 with retroactive elements (s 14 amd 2012 No. 4 s 4(1)-(3) (retro), (4); s 16 amd 2012 No.4 s 5 (retro); s 17 amd 2012 No.4 s 6 (retro); s 29 amd 2012 No.4 s 7 (retro)).
s 120 (section inserted by Building Boost Grant Amendment Act 2012). Section 120 was inserted 2012 No. 4 s 9 to remove doubt about application of s 14(f)(i) to contracts made on or after 1 Aug 2011 and before 1 May 2012.
Later amendments and schedules. The text shows later amendment annotations:
s 9 was amended (s 9 amd 2014 No. 45 s 58 sch 1 pt 1; 2023 No. 27 s 289 sch 3).
s 26 was amended (s 26 amd 2013 No. 19 s 120 sch 1; 2022 No. 34 s 365 sch 3).
s 14 and others annotated with retroactive notes (see above).
Transitional provisions. Part 6 (Transitional provisions for Act No. 36 of 2011) contains multiple specific transitional provisions (ss 109-119) addressing retrospectivity, liabilities to repay, correction of false or misleading information given before assent, evidential immunities for corrective statements (ss 113-114), and imposition of penalties in transitional circumstances (ss 115-116). The Act includes section 119 which expired on 4 November 2012 (s 119 exp 4 November 2012).
Administrative additions. Sections concerning powers to require valuations (s 106), approved forms (s 107), and regulation‑making authority (s 108) are present; regulations may prescribe matters including penalty units up to 20 units for contraventions of regulations (s 108).
The Act’s own text supplies only these amendment annotations and transitional insertions; it does not list further changes beyond those embedded references. The transitional Part 6 reveals legislative intent to apply some provisions retrospectively and to require correction and repayment behaviour for payments and information supplied before assent.
If a practitioner requires a complete legislative amendment timeline (including exact amending acts, commencement dates, and consolidated text history beyond the inserted notes in this source), consultation of the official Queensland legislation database and the statutes amendment instruments identified by the in‑text citations (e.g. 2012 No. 4; 2013 No. 19; 2014 No. 45; 2022 No. 34; 2023 No. 27) is necessary because the Act text only embeds selective amendment notes.
Litigation history
The Act’s text contains no named cases or judicial decisions. It sets out administrative review and judicial pathways but does not report adjudication history. What the Act provides concerning dispute resolution and potential litigation contexts is as follows (statutory framework for contestation, which may generate litigation):
Internal objection and external review. Applicants can object to a commissioner decision (s 94). The commissioner must reconsider and provide reasons (s 95). An applicant may apply to QCAT for review within 60 days (s 96). QCAT is to decide the review by reconsideration of the evidence before the commissioner unless new evidence is necessary in the interests of justice (s 97).
Judicial enforcement and remedies. Recovery of debts and charges follows ordinary civil processes: wrongly paid amounts become debts payable to the commissioner and may be recovered in court (s 85). The commissioner may lodge a first charge over the applicant’s interest in land and register it with the land titles registrar (s 86); disputes over the validity of such charges could give rise to litigation under land and property law procedures.
Criminal prosecution possibilities. The Act identifies offences (e.g. providing false or misleading information, obstruction) that are summary offences and that can be prosecuted; a conviction can trigger court orders for repayment and possibly a double‑amount penalty where offending forms part of a scheme to circumvent eligibility (s 93). Section 101 limits summary proceedings to within five years of the commission of the offence.
Evidence and warrant challenges. Warrant and entry rules create potential grounds for litigation about admissibility and lawfulness of searches and seizures. Section 59(6) places the onus on the person relying on lawfulness in certain warrant contexts where the original warrant is not produced.
Procedural constraints on evidentiary review. QCAT reviews are limited in scope , generally limited to evidence before the commissioner and the grounds advanced in the objection (s 97). Parties seeking to introduce new evidence will need QCAT’s leave under interest‑of‑justice principles.
Because the Act provides internal review and QCAT review mechanisms, many disputes are likely to be resolved administratively or in QCAT, with appeal possibilities to higher courts depending on jurisdiction and grounds. The Act’s provisions on evidentiary immunity for compelled assistance (s 66) and protections for correction of prior false information (ss 113-114) may be determinative in prosecution contexts.
For a practice note: absence of case law in the statutory text means that practitioners should check contemporary QCAT and court decisions for any precedents interpreting key concepts (e.g. “unencumbered value”, “substantially Australian owned”, “artificial, blatant or contrived arrangement” under s 23(3)). The Act’s statutory standards (commissioner’s reasonableness tests and discretions) create predictable areas for litigious interpretation, but the source does not report any decided litigation.
Gotchas
The Act contains multiple technical traps and discretionary mechanisms that can catch applicants, conveyancers and advisers if not anticipated. The following are concrete pitfalls grounded in the statutory text:
Unencumbered value versus recorded encumbrance. The $600,000 test is based on “unencumbered value” (s 14(e), s 10). The unencumbered value explicitly ignores encumbrances, trusts liabilities and certain non‑arm’s‑length arrangements (s 10). Applicants who structure purchases with encumbrances to reduce the recorded price may have those encumbrances disregarded; the commissioner can treat the property as exceeding the threshold even where mortgages or similar are recorded. Practically, advising clients to rely on nominal reduced prices is risky because the commissioner has an opinion test for arrangements intended to reduce value (s 10(1)(c)).
“Relevant interest” and occupation timing. A relevant interest only exists for grant purposes if the holder has, or will have within one year, a right to immediate occupation (s 9(3)). Instalment purchasers, persons with rights to occupy from relatives or holders of manufactured home site agreements need to ensure occupancy timing fits the statutory one‑year rule.
Ownership look‑through and 75% test. For entities, “substantially Australian owned” commonly requires a significant proportion (75% by value) to be ultimately Australian‑owned or listed, but the commissioner may dig through complex chains (s 19). Entities with foreign direct or indirect interests require analysis; the commissioner can disqualify relevant entities where an ineligible individual may significantly benefit (s 19(4)). Advice should include traceable ownership evidence.
Multiple grants and the “four‑times” trigger. The Act allows multiple grants to the same person but creates a scrutiny trigger if a person or related person has made four undecided applications or received four grants; a fifth application must clear tests of purpose and non‑contrivance (s 23). Builders or developers seeking to circumvent business exclusions by repeated applications may face close scrutiny.
Timing traps for building contracts and start/completion windows. Home building contracts must start laying foundations within 26 weeks (or longer period allowed by the commissioner) and be ready for occupation within the “prescribed building period” (s 16). For purchasers of new homes on proposed lots, specified start/completion dates apply (s 14(f)). Failure to meet foundation start or prescribed building periods can cost eligibility , and early payment authorisation does not absolve post‑completion ineligibilities (see s 33 and ss 35-36).
Early payment followed by ineligibility. The commissioner may pay before completion if satisfied it is appropriate (s 33(2)). But if, on completion, eligibility conditions (value or consideration) are breached, the applicant must notify and repay within 28 days (s 35). Early acceptance of grant funds thus carries repayment risk and potential penalties.
Occupancy requirement nuances. The occupancy requirement allows non‑continuous occupation and does not require the applicant to be the occu‑pier (s 25(2)), but the statutory period is limited (three months within one year after completion except where FHOG rules provide deeming). Applicants who rely on renting or family occupation must ensure the timing meets s 25 and keep evidence of occupancy in case of enquiries.
Interaction with other public assistance and GST. Certain Commonwealth/State assistance reduces the working consideration for grant purposes (s 32(2)). Conversely, assistance to mitigate natural disasters is not to be deducted (s 32(3)). Additionally, using the GST Act’s “sale of new residential premises” test (s 8(2)) introduces federal tax characterisation issues into eligibility.
Commissioner discretion in valuations and costs. The commissioner can require a registered valuer’s valuation or have a property valued at the commissioner’s cost, which the commissioner may recover from the applicant (s 106). Applicants should expect to fund independent valuations when asked.
Recoveries attach as priority charges. If the commissioner must recover amounts, the liability becomes a first charge on the applicant’s interest in land and has priority over other encumbrances (s 86). That can surprise purchasers with other secured lenders if a repayment demand arises after settlement.
Investigatory powers and evidential immunity limits. While individuals compelled to produce information have limited evidential immunity (s 66), the immunity does not apply to proceedings about the false or misleading nature of the information or to prosecutions for false statements (s 66(3)). Producing documents can therefore be a double‑edged sword.
Confidentiality obligations and police disclosure. Persons involved in administration are prohibited from disclosing confidential information except in defined circumstances; however, the commissioner may disclose to police where there is a suspected offence (s 104). Applicants should treat disclosures as potentially escalatory.
Transitional liabilities and retrospective operation. Part 6 imposes obligations for actions before assent (e.g. ss 110-116 require repayment or corrective statements for conduct pre‑assent). Practitioners advising on historical transactions must review Pt 6 carefully as s 120 and related transitional clauses clarify retrospective application of s 14 in some cases.
Onus and proof issues in consented entries. If consented entry’s lawfulness is later challenged in proceedings, absence of a signed acknowledgement shifts the onus onto the party relying on the entry to prove consent (s 55(4)). Authorised officers should seek acknowledgements and clients should be careful about signing such documents.
Each “gotcha” flows from a specific provision. Good practice requires checking foundation dates (s 13), occupancy evidence (s 25), ownership proofs (s 19-20), valuation techniques (s 10, s 106), the operation of other public assistance (s 32), and preparedness for potential recovery actions (ss 35-38; ss 84-90).
How to comply
This section outlines a practical compliance checklist that maps statutory obligations to concrete actions and documents, referencing the enabling provisions.
Eligibility screening before contracting or foundation works
Confirm transaction type and timing. Verify whether the transaction is a home purchase, comprehensive home building contract or owner‑builder arrangement and that the transaction commencement day is between 1 August 2011 and 1 May 2012 (ss 13-17).
Check monetary thresholds. Calculate combined unencumbered values or consideration plus unencumbered land value to ensure they are under $600,000 (ss 14(e), 16(f), 17(d), s 10). For purchases, apply s 10 to determine unencumbered value (exclude encumbrances or suspect non‑arm’s‑length reductions).
Confirm the dwelling is a “new home” as defined (s 8). For substantially renovated homes, confirm GST characterisation under the Commonwealth GST Act (s 8(2)).
Ownership and status due diligence
Establish the applicant’s status. For individual applicants, confirm age and Australian citizenship or permanent residency as of transaction commencement day (s 21). For corporations or trusts, document substantial Australian ownership and prepare to evidence 75% value tests or listed status (s 19).
Document relevant interests. Ensure applicant holds or will hold a relevant interest (s 9) and that the right to immediate occupation will exist within one year of the relevant time (s 9(3)). Collect contracts, site agreements and lease documentation.
Contract drafting and timing safeguards
Align contract clauses with prescribed start/completion windows. For home building contracts, ensure laying of foundations occurs within 26 weeks of contract or that the contract allows a longer period granted by the commissioner (s 16). For contracts on proposed lots, ensure contractual provisions require building starts and completion by dates stated in s 14(f) or permit commissioner‑allowed extensions.
Avoid post‑eligibility contrivances. Refrain from structuring post‑14 June 2011 arrangements that have the sole or main purpose of deferring a transaction commencement day into the eligibility window as s 18(d) excludes such transactions.
Application preparation and filing
Use approved forms and provide full supporting information. Applications must be in the approved form and supported by information required by the commissioner (s 27; s 107). Keep copies of submission and evidence of delivery.
Ensure all “interested persons” (persons who will have relevant interest on completion) are applicants for home transactions (s 28). Coordinate joint applications at settlement planning stages.
Evidence and valuation readiness
Maintain documentary evidence of consideration, valuations, and any other financial assistance that affects the calculation of consideration for the grant (s 32(2)). Retain receipts for any FHOG or insurer payments.
Be ready to provide or procure a registered valuer’s valuation if required by notice under s 106; the commissioner can recover valuation costs.
Responding to commissioner requests
Comply with information notices promptly. The commissioner may ask for further information with at least five business days’ notice (s 30). Provide documents or ask for reasonable extensions and document communications.
Preserve documentary trails. Keep contracts, construction progress evidence, photographs of foundations start date, occupation records, and any correspondence with builders, lenders and family occupiers.
Occupancy compliance
Obtain and retain occupation evidence. Because the occupancy requirement (three months total within one year or FHOG deeming) can be satisfied by any occupant and by non‑continuous periods (s 25(2)-(3)), keep rental agreements, statutory declarations, utility bills, mail redirection records and other corroborating evidence to show three months of residential use.
If relying on FHOG residence rules, ensure that the FHOG residence test is satisfied and document same for s 25(3) deeming.
Avoiding false statements and managing corrections
Apply strict internal verification protocols. Section 81 makes false or misleading statements in grant administration a 70‑unit offence. Before submission, ensure all statements are accurate and that errors are corrected promptly under ss 113-114 where transitional corrective immunity applies.
If an error is identified, notify the commissioner and, if required, repay promptly to avoid penalty notices (ss 35-38, 115-116).
If subject to audit or investigation
Know investigatory scope and your rights. The commissioner may require production and attendance (s 39). Individuals have reasonable excuse (self‑incrimination) for compelled answers that might incriminate (s 39(5)). However, compelled documents or answers may be used in some proceedings , be informed of s 66 evidential immunity limits.
Seek legal representation for compelled attendance or where a penalty or repayment notice is issued.
Managing repayment risk and post‑payment contingencies
Prepare for potential repayments. If a grant is authorised before completion, monitor post‑completion eligibility tests. If the home’s unencumbered value or consideration breaches thresholds on completion, notify the commissioner and repay within 28 days to comply with s 35.
Understand recovery and charging risks. If repayment is required and unpaid, the commissioner can register a first charge (s 86) and use garnishee notices (s 87). Maintain liquidity plans or escrow arrangements where early payment increases exposure.
Objection and review pathways
Follow the objection timetable carefully. If dissatisfied with a decision for which a decision notice is given, lodge a written objection with full grounds within 60 days of the decision notice or 90 days in some transitional circumstances (s 94; s 117). Preserve evidence and legal arguments consistent with grounds raised at objection because QCAT review is generally limited to those grounds (s 97).
Confidentiality and information sharing
Treat application information as potentially confidential and control disclosure. Persons engaged in administration cannot disclose confidential information beyond permitted circumstances (s 104). Applicants should ensure any consent to disclosure is carefully drafted and consider consequences of police referrals under s 104(5).
Practical checklist for conveyancers and accountants
Verify client’s citizenship/permanent residency and age (s 21).
Trace ultimate ownership for corporate/trust clients and prepare a 75%‑value ownership chart (s 19, s 20).
Obtain and preserve independent valuation evidence or be prepared for commissioner’s valuation steps (s 10; s 106).
Coordinate joint applications and ensure all interested persons are included (s 28).
Include robust occupancy and completion covenants in sale/contract documents and collect occupation evidence after completion (s 25).
Retain copies of any financial assistance or insurance payments affecting consideration calculations (s 32(2)).
Keep contemporaneous proof of foundation start date and construction milestones (s 13; s 15; s 16).
Before advising acceptance of early grant payment, advise clients of repayment and charge risks (s 33; s 35; s 86).
Prepare for possible commissioner information notices (response within at least five business days) and avoid delay (s 30).
Following these steps maps statutory duties to practical actions and prepares applicants against common compliance failures that trigger repayment and enforcement action under the Act.
The dictionary in the schedule defines particular words used in this Act.
s 4 amd 2011 No. 36 s 122
sec.5 What is a building boost grant
sec.5 What is a building boost grant
Generally, a building boost grant is the grant payable under part 2 .
A reference to a building boost grant for a home is a reference to a building boost grant for an eligible transaction relating to the home.
(sec.5-ssec.1) Generally, a building boost grant is the grant payable under part 2 .
(sec.5-ssec.2) A reference to a building boost grant for a home is a reference to a building boost grant for an eligible transaction relating to the home.
sec.6 What is an eligible transaction
sec.6 What is an eligible transaction
An eligible transaction is any of the following—
an eligible home purchase contract;
an eligible home building contract;
an eligible owner-builder arrangement.
Subsection (1) is subject to section 18 .
(sec.6-ssec.1) An eligible transaction is any of the following— an eligible home purchase contract; an eligible home building contract; an eligible owner-builder arrangement.
(sec.6-ssec.2) Subsection (1) is subject to section 18 .
(a) an eligible home purchase contract;
(b) an eligible home building contract;
(c) an eligible owner-builder arrangement.
sec.7 Meaning of home
sec.7 Meaning of home
A building is a home if—
it is designed, or approved by a local government, for human habitation by a single family unit; and
it is suitable for use, and lawfully able to be used, as a place of residence; and
it is used or intended to be used mainly for residential purposes; and
it is fixed to land; and
the land on which it is fixed is used or intended to be used—
mainly for residential purposes; or
mainly for primary production and for residential purposes.
Despite subsection (1) , if an application is made for a building boost grant for a transaction for which the first home owner grant is paid or payable, a home , in relation to the application, has the same meaning as in the First Home Owner Grant Act .
Despite subsection (1) (c) and (e) , a display home is also a home .
(sec.7-ssec.1) A building is a home if— it is designed, or approved by a local government, for human habitation by a single family unit; and it is suitable for use, and lawfully able to be used, as a place of residence; and it is used or intended to be used mainly for residential purposes; and it is fixed to land; and the land on which it is fixed is used or intended to be used— mainly for residential purposes; or mainly for primary production and for residential purposes.
(sec.7-ssec.2) Despite subsection (1) , if an application is made for a building boost grant for a transaction for which the first home owner grant is paid or payable, a home , in relation to the application, has the same meaning as in the First Home Owner Grant Act .
(sec.7-ssec.3) Despite subsection (1) (c) and (e) , a display home is also a home .
(a) it is designed, or approved by a local government, for human habitation by a single family unit; and
(b) it is suitable for use, and lawfully able to be used, as a place of residence; and
(c) it is used or intended to be used mainly for residential purposes; and
(d) it is fixed to land; and
(e) the land on which it is fixed is used or intended to be used— (i) mainly for residential purposes; or (ii) mainly for primary production and for residential purposes.
(i) mainly for residential purposes; or
(ii) mainly for primary production and for residential purposes.
(i) mainly for residential purposes; or
(ii) mainly for primary production and for residential purposes.
sec.8 Meaning of new home
sec.8 Meaning of new home
A new home is a home that—
has not been previously occupied or transferred as a place of residence; or
is a substantially renovated home.
For subsection (1) (b) , a home is a substantially renovated home if—
the home is the subject of a home purchase contract; 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 transferred as a place of residence.
(sec.8-ssec.1) A new home is a home that— has not been previously occupied or transferred as a place of residence; or is a substantially renovated home.
(sec.8-ssec.2) For subsection (1) (b) , a home is a substantially renovated home if— the home is the subject of a home purchase contract; 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 transferred as a place of residence.
(a) has not been previously occupied or transferred as a place of residence; or
(b) is a substantially renovated home.
(a) the home is the subject of a home purchase contract; and
(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
(c) the home, as renovated, has not been previously occupied or transferred as a place of residence.
sec.9 Meaning of relevant interest
sec.9 Meaning of relevant interest
A relevant interest in land is—
an estate in fee simple in the land; 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 person’s right, given by a relative of the person, to occupy a home that is a detached dwelling built or to be built on land that is a part of land owned by the relative—
under a contract entered into by the person; or
under an owner-builder arrangement; or
a manufactured home owner’s interest in a site agreement for a site on which a manufactured home is positioned; or
a leasehold interest in the land granted by the Commonwealth or the State for which building a home is permitted under the terms of the lease or the Act under which the lease is granted; or
a sublessee’s interest under a lease mentioned in paragraph (e) that is for a term of at least 10 years; or
an interest in a lease granted under—
the Aboriginal Land Act 1991 , section 120 (1) or (2) ; or
the Torres Strait Islander Land Act 1991 , section 85 (1) or (2) ; or
another interest declared under a regulation to be a relevant interest.
Despite subsection (1) , if an application is made for a building boost grant for a transaction for which the first home owner grant is paid or payable, a relevant interest , in relation to the application, has the same meaning as in the First Home Owner Grant Act .
Despite subsections (1) and (2) , 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.
A regulation under subsection (1) (h) 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.
In this section—
manufactured home owner means a home owner under the Manufactured Homes (Residential Parks) Act 2003 , section 8 .
relative , of a person, means—
a parent, grandparent, child, stepchild, brother or sister of the person or the person’s spouse; or
the spouse of anyone mentioned in paragraph (a) .
site agreement see the Manufactured Homes (Residential Parks) Act 2003 , section 14 .
sublessee includes a sub-sublessee.
s 9 amd 2014 No. 45 s 58 sch 1 pt 1 ; 2023 No. 27 s 289 sch 3
(sec.9-ssec.1) A relevant interest in land is— an estate in fee simple in the land; 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 person’s right, given by a relative of the person, to occupy a home that is a detached dwelling built or to be built on land that is a part of land owned by the relative— under a contract entered into by the person; or under an owner-builder arrangement; or a manufactured home owner’s interest in a site agreement for a site on which a manufactured home is positioned; or a leasehold interest in the land granted by the Commonwealth or the State for which building a home is permitted under the terms of the lease or the Act under which the lease is granted; or a sublessee’s interest under a lease mentioned in paragraph (e) that is for a term of at least 10 years; or an interest in a lease granted under— the Aboriginal Land Act 1991 , section 120 (1) or (2) ; or the Torres Strait Islander Land Act 1991 , section 85 (1) or (2) ; or another interest declared under a regulation to be a relevant interest.
(sec.9-ssec.2) Despite subsection (1) , if an application is made for a building boost grant for a transaction for which the first home owner grant is paid or payable, a relevant interest , in relation to the application, has the same meaning as in the First Home Owner Grant Act .
(sec.9-ssec.3) Despite subsections (1) and (2) , 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.
(sec.9-ssec.4) A regulation under subsection (1) (h) 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.
(sec.9-ssec.5) In this section— manufactured home owner means a home owner under the Manufactured Homes (Residential Parks) Act 2003 , section 8 . relative , of a person, means— a parent, grandparent, child, stepchild, brother or sister of the person or the person’s spouse; or the spouse of anyone mentioned in paragraph (a) . site agreement see the Manufactured Homes (Residential Parks) Act 2003 , section 14 . sublessee includes a sub-sublessee.
(a) an estate in fee simple in the land; or
(b) 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
(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
(c) a person’s right, given by a relative of the person, to occupy a home that is a detached dwelling built or to be built on land that is a part of land owned by the relative— (i) under a contract entered into by the person; or (ii) under an owner-builder arrangement; or
(i) under a contract entered into by the person; or
(ii) under an owner-builder arrangement; or
(d) a manufactured home owner’s interest in a site agreement for a site on which a manufactured home is positioned; or
(e) a leasehold interest in the land granted by the Commonwealth or the State for which building a home is permitted under the terms of the lease or the Act under which the lease is granted; or
(f) a sublessee’s interest under a lease mentioned in paragraph (e) that is for a term of at least 10 years; or
(g) an interest in a lease granted under— (i) the Aboriginal Land Act 1991 , section 120 (1) or (2) ; or (ii) the Torres Strait Islander Land Act 1991 , section 85 (1) or (2) ; or
(i) the Aboriginal Land Act 1991 , section 120 (1) or (2) ; or
(ii) the Torres Strait Islander Land Act 1991 , section 85 (1) or (2) ; or
(h) another interest declared under a regulation to be a relevant interest.
(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
(i) under a contract entered into by the person; or
(ii) under an owner-builder arrangement; or
(i) the Aboriginal Land Act 1991 , section 120 (1) or (2) ; or
(ii) the Torres Strait Islander Land Act 1991 , section 85 (1) or (2) ; or
(a) a parent, grandparent, child, stepchild, brother or sister of the person or the person’s spouse; or
(b) the spouse of anyone mentioned in paragraph (a) .
sec.10 Meaning of unencumbered value
This is an opening excerpt, not the complete document.