61Who is an eligible first home owner?

61 Who is an eligible first home owner? (1) A person is an ***eligible first home owner*** for the purposes of this Division if the Commissioner is satisfied that— (a) the person is a bona fide purchaser of an estate in fee simple in land for adequate consideration; and (b) the person intends to reside in a dwelling on the land as a principal place of residence; and (c) the person has a dependent child and had a dependent child at the time when, or within 11 months after— (i) if there was a dwelling on the land when the contract of sale of the land was entered into—the date on which the contract of sale was entered into; or (ii) if there was no dwelling on the land when the contract of sale of the land was entered into—the earlier of— (A) the date on which the contract for the construction of the dwelling was entered into; and (B) the date on which the building of the dwelling commenced; and S. 61(1)(d) repealed by No. 29/2002 s. 4(3)(a)(i). (e) the person has not previously held an estate in fee simple in land on which was erected a dwelling which was used as a principal place of residence by that person anywhere in Australia. S. 61(2) amended by No. 27/2001 s. 3(Sch. 1 item 2.7). (2) A person and his or her partner together are eligible first home owners if each of them satisfies the criteria set out in subsection (1). S. 61(3) amended by No. 27/2001 s. 3(Sch. 1 item 2.7), repealed by No. 29/2002 s. 4(3)(a)(ii). ***dependent child***, in relation to a person, means a child under the age of 18 years in the custody, care and control of, and ordinarily resident with, the person.