sec.9Meaning 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.