Part 2Grants

Part 2—Grants Division 1—Entitlement to grant 7—Entitlement to grants (1) A first home owner grant is payable on an application under this Act if— (a) the applicant or, if there are 2 or more of them, each of the applicants complies with the eligibility criteria; and (b) the transaction for which the grant is sought— (i) is an eligible transaction; and (ii) has been completed. (1a) However, if— (a) the commencement date of an eligible transaction for which a grant is sought is on or after 17 September 2010; and (b) the market value of the home to which the transaction relates (as determined under section 18BB) exceeds— (i) where the commencement date of the eligible transaction is on or after 17 September 2010 but before 15 June 2023—$575 000; or (ia) where the commencement date of the eligible transaction is on or after 15 June 2023 but before 6 June 2024—$650 000; or (ii) if an amount (whether in respect of an eligible transaction with a commencement date within a prescribed period or otherwise) is prescribed by regulation for the purposes of this paragraph—that amount, no first home owner grant is payable on the application for the grant. (2) Despite subsection (1)(a), an applicant need not comply with the eligibility criteria to the extent the applicant is exempted from compliance by or under this Act. (3) Only 1 first home owner grant is payable for the same eligible transaction. (4) A housing construction grant is payable on an application under this Act if the requirements of section 18BAB are satisfied. (5) Subject to section 12A, only 1 housing construction grant is payable in relation to a particular new home. (6) A seniors housing grant is payable on an application under this Act if the requirements of section 18BAC are satisfied. (7) Only 1 seniors housing grant is payable in relation to a particular new home. (8) A seniors housing grant is not payable in relation to the construction or purchase of a new home if any other grant is payable under this Act in relation to the construction or purchase of the home. Division 2—Eligibility criteria (applicants) 8—Criterion 1—Applicant to be a natural person An applicant for a first home owner grant must be a natural person. 8A—Criterion 1A—Applicant to be at least 18 years of age (1) An applicant for a first home owner grant must be at least 18 years of age. (2) The Commissioner may exempt an applicant from the above requirement if the Commissioner is satisfied that: (a) the home to which the application relates will be occupied by the applicant as his or her principal place of residence for a continuous period of at least 6 months (or a shorter period approved by the Commissioner), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner); and (b) the application does not form part of a scheme to circumvent limitations on or requirements affecting, eligibility or entitlement to a first home owner grant. 9—Criterion 2—Applicant to be Australian citizen or permanent resident (1) Subject to subsection (2), an applicant for a first home owner grant must be an Australian citizen or a permanent resident. (2) If an application is made by joint applicants and 1 of the applicants is an Australian citizen or a permanent resident, it is not necessary for the other or others to be Australian citizens or permanent residents. 10—Criterion 3—Applicant (or applicant's spouse etc) must not have received earlier grant (1) Subject to subsection (2), an applicant for a first home owner grant is ineligible if— (a) the applicant or the applicant's spouse or domestic partner has been a party to an earlier application under this Act or a corresponding law; and (b) a grant was paid on the application. (2) However, an applicant is not ineligible if— (a) the grant was later paid back; and (b) the basis for the repayment of the grant was a failure to comply with the residence requirement or any conditions on which the grant was made; and (c) any penalty amount payable under section 39(3) in relation to repayment of the earlier grant has been paid. (3) An applicant for a first home owner grant is also ineligible if the applicant or the applicant's spouse or domestic partner— (a) could have successfully applied for a first home owner grant under this Act or a corresponding law in respect of an earlier transaction to which he or she was a party but did not do so; or (b) could, assuming that he or she had then been an Australian citizen or a permanent resident, have successfully applied for a first home owner grant under this Act or a corresponding law in respect of an earlier transaction to which he or she was a party. 11—Criterion 4—Applicant (or applicant's spouse etc) must not have had relevant interest in residential property (1) An applicant for a first home owner grant is ineligible if the applicant or the applicant's spouse or domestic partner has, before 1 July 2000, held— (a) a relevant interest in residential property in South Australia; or (b) an interest in residential property in another State or a Territory that is a relevant interest under the corresponding law of that State or Territory. (2) In working out for the purposes of subsection (1) whether an applicant held a relevant interest (within the meaning of this Act or a corresponding law) in residential property at a particular time, if the commencement date of the eligible transaction is before the relevant day, any deferment of the applicant's right of occupation because the property was subject to a lease is to be disregarded. (3) An applicant for a first home owner grant is also ineligible if, before the commencement date of the eligible transaction, the applicant or the applicant's spouse or domestic partner— (a) held a relevant interest in residential property in South Australia or an interest in residential property in another State or Territory that is a relevant interest under the corresponding law of that State or Territory; and (b) if the commencement date of the eligible transaction is before the relevant day, occupied the property as a place of residence for a continuous period of at least 6 months. (4) In this section— relevant day means the day on which section 4 of the Statutes Amendment (Budget Measures) Act 2025 comes into operation. 12—Criterion 5—Residence requirement (1) An applicant for a first home owner grant must occupy the home to which the application relates as the applicant's principal place of residence for a continuous period of at least 6 months (or a shorter period approved by the Commissioner) (the residence period), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner) (the completion period). (2) The Commissioner may exempt an applicant (the non-complying applicant) from the residence requirement if— (a) the applicant is one of 2 or more joint applicants for a first home owner grant; and (b) at least 1 of the applicants complies with the residence requirement; and (c) there are, in the Commissioner's opinion, good reasons to exempt the non‑complying applicant from the residence requirement. (3) The Commissioner may, if the Commissioner considers there are good reasons for doing so, vary an applicant's residence requirement at any time (including after the end of the period allowed for compliance with the residence requirement) by approving a shorter residence period or a longer completion period (or both). (4) If the Commissioner varies a residence requirement under subsection (3), the requirement as varied will be taken to have been the applicant's residence requirement from the date of the determination of his or her application. 12A—Criteria—housing construction grant (1) Subject to this section, an applicant for a housing construction grant must be— (a) a person who has entered into a contract for the purchase of the new home; or (b) a person for whom the new home is being built under a comprehensive home building contract; or (c) an owner builder who is building the new home. (2) An applicant under subsection (1)(b) or (c) must— (a) satisfy the Commissioner— (i) that he or she has not entered into a contract with a person to sell the new home; and (ii) that he or she has no intention to enter into a contract for the sale of the new home before 1 January 2014; or (b) satisfy the Commissioner that he or she is a party to a contract to sell the new home with a person who is entitled to make an application under subsection (1)(a) (the purchaser) and, under the terms of the contract, he or she is entitled to apply for the housing construction grant rather than the purchaser. (a) a housing construction grant is paid in the case of an application where the applicant has satisfied the Commissioner as to the matters referred to in subsection (2)(a); and (b) the person to whom the grant was paid (the first grant recipient), before 1 January 2014, enters into a contract for the sale of the new home to another person (the purchaser); and (c) the purchaser makes an application under subsection (1), then— (d) a housing construction grant may be paid to the purchaser if the Commissioner is satisfied— (i) that the contract between the first grant recipient and the purchaser constitutes a genuine sale of the new home; and (ii) that no agreement exists between the first grant recipient and the purchaser that the first grant recipient is entitled to apply for the housing construction grant rather than the purchaser; and (e) the Commissioner may, by written notice, require the first grant recipient to repay the amount of the housing construction grant that has been paid to him or her. (4) If, in a case where subsection (2)(a) has applied, and the Commissioner issues a notice under subsection (3)(e), the first grant recipient must also pay to the Commissioner, at the time of repayment of the amount of the housing construction grant paid to the first grant recipient, an additional amount equal to the amount of the grant unless the Commissioner is satisfied that the first grant recipient genuinely changed his or her intention about not entering into a contract of a kind referred to in subsection (2)(a)(ii) due to extraordinary and unforeseen circumstances occurring after the housing construction grant was paid to the first grant recipient. (5) An amount payable under subsection (3)(e) or (4) (or both) must be paid to the Commissioner within a period (of at least 14 days) specified by the Commissioner. (6) In connection with the operation of subsection (3)— (a) the Commissioner may make a payment under subsection (3)(d) despite section 7(5) (and whether or not an amount is recovered under subsection (3)(e)); and (b) to avoid doubt, the Commissioner may, in deciding whether a contract constitutes a genuine sale of the new home, take into account the matters referred to in section 18BAB(5), (6) and (7). 12B—Criteria—seniors housing grant (1) An applicant for a seniors housing grant must be— (a) a person who has entered into a contract for the purchase of a new home; or (b) a person for whom a new home is being built under a comprehensive home building contract; or (c) an owner builder who is building a new home. (2) If an application for a seniors housing grant is made by 1 person only— (a) the applicant must satisfy the Commissioner that he or she is 60 or more years of age; and (b) the applicant must occupy the home to which the application relates as his or her principal place of residence for a continuous period of at least 6 months (or a shorter period approved by the Commissioner) (the residence period), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner) (the completion period). (3) If an application for a seniors housing grant is made by 2 or more persons— (a) the applicants must satisfy the Commissioner that— (i) at least 1 of the applicants is 60 or more years of age; and (ii) all of the applicants are natural persons; and (b) at least 1 of the applicants who is 60 years or more of age must occupy the home to which the application relates as his or her principal place of residence for a continuous period of at least 6 months (or a shorter period approved by the Commissioner) (the residence period), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner) (the completion period). (4) The Commissioner may, if the Commissioner considers there are good reasons for doing so, vary an applicant's residence requirement at any time (including after the end of the period allowed for compliance with the residence requirement) by approving a shorter residence period or a longer completion period (or both). (5) If the Commissioner varies a residence requirement under subsection (4), the requirement as varied will be taken to have been the applicant's residence requirement from the date of the determination of his or her application. (6) Subject to subsection (7), an applicant for a seniors housing grant is ineligible if— (a) the applicant or the applicant's spouse or domestic partner has been a party to an earlier application under this Act for a seniors housing grant; and (b) a seniors housing grant was paid on the application. (7) However, an applicant for a seniors housing grant is not ineligible if— (a) the seniors housing grant was later paid back; and (b) the basis for the repayment of the grant was a failure to comply with the residence requirement or any conditions on which the grant was made; and (c) any penalty amount payable under section 39(3) in relation to repayment of the earlier grant has been paid.