sec.111Liability to repay for contravention of occupancy requirement

sec.111 Liability to repay for contravention of occupancy requirement

This section applies if, before assent— section 36(1) applied to a building boost grant for a relevant transaction under that section; and the applicant for the grant has— contravened section 36(2); and not repaid the grant to the commissioner. Despite section 36, the applicant— is not liable for the offence against section 36(3); 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 contravention; 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 have 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.111-ssec.1) This section applies if, before assent— section 36(1) applied to a building boost grant for a relevant transaction under that section; and the applicant for the grant has— contravened section 36(2); and not repaid the grant to the commissioner. (sec.111-ssec.2) Despite section 36, the applicant— is not liable for the offence against section 36(3); and is taken to have never been liable for the offence. (sec.111-ssec.3) The applicant is required within 28 days after assent to— give the commissioner notice of the contravention; and repay the amount of the grant. (sec.111-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.111-ssec.5) If 2 or more applicants have 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 36(1) applied to a building boost grant for a relevant transaction under that section; and
• (b) the applicant for the grant has— (i) contravened section 36(2); and (ii) not repaid the grant to the commissioner.
• (i) contravened section 36(2); and
• (ii) not repaid the grant to the commissioner.
• (i) contravened section 36(2); and
• (ii) not repaid the grant to the commissioner.
• (a) is not liable for the offence against section 36(3); and
• (b) is taken to have never been liable for the offence.
• (a) give the commissioner notice of the contravention; and
• (b) repay the amount of the grant.