sec.23Eligibility 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.