sec.110Liability to repay for contravention of consideration requirement

sec.110 Liability to repay for contravention of consideration requirement

This section applies if, before assent— section 35(1) or (2) applied to a building boost grant for a relevant transaction under that section; and the applicant for the grant— has contravened section 35(3); and has not repaid the grant to the commissioner. Despite section 35, the applicant— is not liable for the offence against section 35(4); and is taken to have never been liable for the offence. The applicant is required within 28 days after assent to— give the commissioner notice of the ineligibility of the transaction under section 14(e), 16(f) or 17(d); 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. If 2 or more applicants had jointly applied for the grant, 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.110-ssec.1) This section applies if, before assent— section 35(1) or (2) applied to a building boost grant for a relevant transaction under that section; and the applicant for the grant— has contravened section 35(3); and has not repaid the grant to the commissioner. (sec.110-ssec.2) Despite section 35, the applicant— is not liable for the offence against section 35(4); and is taken to have never been liable for the offence. (sec.110-ssec.3) The applicant is required within 28 days after assent to— give the commissioner notice of the ineligibility of the transaction under section 14(e), 16(f) or 17(d); and repay the amount of the grant. (sec.110-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.110-ssec.5) If 2 or more applicants had jointly applied for the grant, 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) section 35(1) or (2) applied to a building boost grant for a relevant transaction under that section; and
• (b) the applicant for the grant— (i) has contravened section 35(3); and (ii) has not repaid the grant to the commissioner.
• (i) has contravened section 35(3); and
• (ii) has not repaid the grant to the commissioner.
• (i) has contravened section 35(3); and
• (ii) has not repaid the grant to the commissioner.
• (a) is not liable for the offence against section 35(4); and
• (b) is taken to have never been liable for the offence.
• (a) give the commissioner notice of the ineligibility of the transaction under section 14(e), 16(f) or 17(d); and