sec.36Contravention 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.