Part 4—Miscellaneous
38—False or misleading statements
(1) A person must not dishonestly make a false or misleading statement in or in connection with an application for a first home owner grant.
Maximum penalty: $20 000 or imprisonment for 2 years.
(2) A person must not make a false or misleading statement in or in connection with an application for a first home owner grant.
Maximum penalty: $5 000.
(3) It is a defence to a charge of an offence against subsection (2) to prove that the defendant's contravention of that subsection was neither intentional nor negligent.
39—Power to require repayment and impose penalty
(1) The Commissioner may, by written notice, require an applicant (or former applicant) for a first home owner grant to repay an amount paid on the application if—
(a) the amount was paid in error; or
(b) the Commissioner reverses the decision under which the amount was paid for any other reason.
(2) If, as a result of the making of a false or misleading statement by an applicant, an amount is paid by way of a first home owner grant, the Commissioner may, by the notice in which repayment is required or a separate notice, impose a penalty not exceeding the amount the applicant is required to repay.
(3) If an applicant (or former applicant) for a first home owner grant fails to make a repayment required under this section or the conditions of the grant, the Commissioner may, by written notice, impose a penalty not exceeding the amount the applicant is required to repay.
(4) If an amount is paid in error on an application for a first home owner grant to a third party, the Commissioner may, by written notice, require the third party to repay the amount to the Commissioner.
40—Power to recover amount paid in error etc
(1) This section applies to the following amounts:
(a) an amount that an applicant (or former applicant) for a first home owner grant is required to repay under the conditions of the grant or by requirement of the Commissioner under this Act;
(b) the amount of a penalty imposed on an applicant (or former applicant) for a first home owner grant;
(c) an amount a third party is required to repay by requirement of the Commissioner under this Act;
(d) an amount that a person is required to pay under section 12A(3)(e) or (4).
(2) The liability arising from a requirement to pay (or repay) an amount to which this section applies is, if the requirement attaches to 2 or more persons, joint and several.
(3) If an applicant who is liable to pay an amount to which this section applies has, in relation to a home for which the first home owner grant was sought, an interest in the land on which the home was built or was to be built, the liability is a first charge on the applicant's interest in that land.
(4) The Commissioner may recover an amount to which this section applies as a debt due to the Crown.
(5) The Commissioner may enter into an arrangement (which may include provision for the payment of interest) for payment of a liability outstanding under this section by instalments.
(6) The Commissioner may, on application by an applicant (or former applicant) for a first home owner grant, or on his or her own initiative, write off the whole or part of a liability to pay an amount to which this section applies if satisfied that action, or further action, to recover the amount outstanding is impracticable or unwarranted (but the Commissioner is under no obligation to consider whether to act under this subsection unless or until such an application is made or it otherwise appears necessary for him or her to do so).
40A—Extensions of time
(1) If the Commissioner is authorised to extend a time limit, or to shorten a minimum period, under this Act, the Commissioner may, if to do so is consistent with the provisions of this Act, extend the time limit or shorten the period even if it has already expired.
(2) This section applies to any time limit, whether it expired before or after the commencement of this section.
41—Protection of confidential information
(1) In this section—
duty of confidentiality—a person is subject to a duty of confidentiality if—
(a) the person is, or has been, engaged in work related to the administration of this Act; or
(b) the person has obtained access to protected information (directly or indirectly) from a person who is, or has been, engaged in work related to the administration of this Act.
protected information means information obtained in the course of work related to the administration of this Act about an applicant for a first home owner grant or such an applicant's spouse or domestic partner;
(2) A person who is subject to a duty of confidentiality must not disclose protected information except as permitted by subsection (3).
(3) Protected information may be disclosed—
(a) at the request or with the consent of the person to whom the information relates or a person acting on that person's behalf; or
(ab) in order to let a person know whether a housing construction grant or seniors housing grant has been paid in relation to a particular home; or
(b) in connection with the administration or enforcement of—
(i) this Act or a corresponding law; or
(ii) a taxation law of the Commonwealth or a State; or
(c) for the purposes of legal proceedings; or
(d) as authorised under the regulations.
42—Evidence
(1) A certificate signed by the Commissioner stating that a first home owner grant was paid to a person named in the certificate on a specified date is admissible in legal proceedings as evidence of the payment.
(2) A copy of a notice issued by the Commissioner imposing a penalty under this Act is admissible in legal proceedings as evidence of the imposition of the penalty.
(3) A copy of a notice issued by the Commissioner requiring the payment or repayment of a specified amount is admissible in legal proceedings as evidence—
(a) that the requirement was made; and
(b) that the amount specified in the notice was outstanding at the date of the notice.
43—Time for commencing prosecution
Proceedings for an offence against this Act may only be commenced within 3 years after the date on which the offence is alleged to have been committed.
44—Standing appropriation
The Consolidated Account is appropriated to the extent necessary for the payment of grants under this Act.
45—Protection of officers etc
(1) This section applies to—
(a) the Commissioner; and
(b) an authorised officer; and
(c) a delegate of the Commissioner who works in a department or administrative unit of the Public Service.
(2) No personal liability attaches to a person to whom this section applies for an honest act or omission in the performance, or purported performance, of functions under this Act.
(3) A liability that would, but for subsection (2), lie against a person to whom this section applies, lies instead against the Crown.
46—Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) A regulation may prescribe a penalty (not more than $2 500) for contravention of the regulation.
(3) A regulation made for the purposes of a provision of this Act that operates retrospectively may itself operate retrospectively provided that it does not do so to the prejudice of any person.
(4) A regulation made for the purposes of section 13A or 18 may operate retrospectively provided that it does not do so to the prejudice of any person.
Legislative history
Notes
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or .
Formerly
First Home Owner Grant Act 2000
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
First Home Owner Grant Act 2000
29.6.2000
1.7.2000: s 2
First Home Owner Grant (New Zealand Citizens) Amendment Act 2000
9.11.2000
1.7.2000: s 2
First Home Owner Grant (New Homes) Amendment Act 2001
26.7.2001
9.3.2001 except s 4—30.5.2001: s 2
Statutes Amendment (Stamp Duties and Other Measures) Act 2002
Pt 3 (ss 5—10)—28.11.2002: s 2(1)
First Home Owner Grant (Miscellaneous) Amendment Act 2004
16.12.2004
1.1.2005 (Gazette 16.12.2004 p4592)
Statutes Amendment (Domestic Partners) Act 2006
14.12.2006
Pt 37 (ss 105—110)—1.6.2007 (Gazette 26.4.2007 p1352)
Statutes Amendment (Budget 2008) Act 2008
31.7.2008
Pt 2 (s 4)—5.6.2008: s 2(2) & Sch 1—31.7.2008: s 2(4)
First Home Owner Grant (Special Eligible Transactions) Amendment Act 2009
14.10.2008 except ss 4 & 10—12—5.11.2009: s 2
Statutes Amendment (Budget 2010) Act 2010
18.11.2010
Pt 4 (ss 11—17)—17.9.2010: s 2(3)
Statutes Amendment (Budget 2011) Act 2011
4.8.2011
Pt 2 (ss 4—10)—10.6.2011: s 2(2)
First Home Owner Grant (Housing Grant Reforms) Amendment Act 2012
22.11.2012
1.7.2012: s 2
First Home and Housing Construction Grants (Budget 2013) Amendment Act 2013
1.8.2013
1.7.2013: s 2
First Home and Housing Construction Grants (Eligibility Criteria) Amendment Act 2013
Budget Measures Act 2014
2.10.2014
Sch 1 (cll 6—17)—1.7.2014: s 2(1)
Statutes Amendment (SACAT) Act 2014
11.12.2014
Pt 6 (ss 44—48)—11.12.2016 (s 7(5) Acts Interpretation Act 1915)
First Home and Housing Construction Grants (Miscellaneous) Amendment Act 2020
9.7.2020
9.7.2020: s 2(1) except s 4—4.6.2020: s 2(2) & except ss 5, 6 and Sch 1—9.7.2022 (s 27(6) Legislation Interpretation Act 2021)
Statutes Amendment (Budget Measures) Act 2023
7.12.2023
Pt 3 (s 5)—15.6.2023: s 2(3)
Statutes Amendment (Budget Measures) Act 2025
Pt 2 (s 3)—6.6.2024: s 2(2); s 4—13.2.2025: s 2(1)
Help to Buy (Commonwealth Powers) Act 2025
4.12.2025
Sch 1 (cl 2)—4.12.2025: s 2
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended by 47/2012 s 4
Pt 1
Part Part 4 - First Home and Housing Construction Grants Act 2000 - Miscellaneous | Zoe
s 1
amended by 47/2012 s 5
s 2
omitted under Legislation Revision and Publication Act 2002
s 3
Australian citizen
amended by 64/2000 s 3(a)
1.7.2000
close personal relationship
inserted by 43/2006 s 105(1)
contract for an "of-the-plan" purchase
inserted by 31/2011 s 4
domestic partner
inserted by 43/2006 s 105(2)
housing construction grant
inserted by 47/2012 s 6(1)
inserted by 26/2001 s 3
deleted by 35/2002 s 5
inserted by 22/2010 s 11(1)
new home grant scheme
inserted by 47/2012 s 6(2)
amended by 11/2014 Sch 1 cl 6(1)
new home transaction
inserted by 47/2012 s 6(2)
permanent resident
substituted by 64/2000 s 3(b)
1.7.2000
residence requirement
amended by 49/2004 s 4
substituted by 11/2014 Sch 1 cl 6(2)
seniors housing grant
inserted by 11/2014 Sch 1 cl 6(3)
substantially renovated home
inserted by 22/2010 s 11(2)
s 5
s 5(3)
amended by 47/2012 s 7(1)
s 5(5)
amended by 47/2012 s 7(2)
amended by 11/2014 Sch 1 cl 7
s 5(6)
inserted by 47/2012 s 7(3)
s 6
s 6(1)
substituted by 43/2006 s 106
s 6(1a)
inserted by 43/2006 s 106
s 6A
inserted by 21/2020 s 4
4.6.2020
s 6B
inserted by 66/2025 Sch 1 cl 2
4.12.2025
Pt 2
heading
substituted by 47/2012 s 8
Pt 2 Div 1
s 7
s 7(1a)
inserted by 22/2010 s 12
amended by 42/2023 s 5
15.6.2023
amended by 4/2025 s 3(1)—(3)
6.6.2024
s 7(4)
inserted by 47/2012 s 9
s 7(5)
inserted by 47/2012 s 9
amended by 74/2013 s 3
s 7(6)—(8)
inserted by 11/2014 Sch 1 cl 8
Pt 2 Div 2
s 8A
inserted by 26/2001 s 4
30.5.2001
s 8A(2)
amended by 49/2004 s 5
s 10
s 10(1)
amended by 43/2006 s 107(1)
amended by 47/2012 s 10(1)
s 10(2)
substituted by 49/2004 s 6
s 10(3)
amended by 43/2006 s 107(2)
amended by 47/2012 s 10(2)
s 11
s 11(1)
amended by 43/2006 s 108(1)
amended by 47/2012 s 11(1)
s 11(2)
amended by 4/2025 s 4(1)
s 11(3)
amended by 49/2004 s 7
amended by 43/2006 s 108(2)
amended by 47/2012 s 11(2)
s 11(3)
amended by 4/2025 s 4(2), (3)
s 11(4)
inserted by 4/2025 s 4(4)
s 12
s 12(1)
amended by 49/2004 s 8
amended by 53/2009 s 4(1), (2)
s 12(3) and (4)
inserted by 53/2009 s 4(3)
s 12A
inserted by 74/2013 s 4
s 12B
inserted by 11/2014 Sch 1 cl 9
Pt 2 Div 3
s 13A
inserted by 26/2001 s 5
substituted by 35/2002 s 6
substituted by 53/2009 s 5
s 13A(8) before deletion by 31/2011
deleted by 22/2010 s 13
substantially renovated home
deleted by 22/2010 s 13
s 13A(8)
deleted by 31/2011 s 5
Pt 2 Div 4
s 14
s 14(1)
amended by 47/2012 s 12
amended by 11/2014 Sch 1 cl 10
Pt 2 Div 5
s 17
s 17(1)
amended by 47/2012 s 13(1)
amended by 11/2014 Sch 1 cl 11
s 17(2)
amended by 47/2012 s 13(2)
amended by 11/2014 Sch 1 cl 11
s 18
s 18(1)
s 18 redesignated as s 18(1) by 26/2001 s 6
amended by 53/2009 s 6(1)
amended by 47/2012 s 14(1)
s 18(2)
inserted by 26/2001 s 6
deleted by 35/2002 s 7
s 18(3) and (4)
s 18(4a)
inserted by 47/2012 s 14(2)
s 18(5)
2012 statutory date
inserted by 47/2012 s 14(3)
s 18A
inserted by 35/2002 s 8
deleted by 53/2009 s 7
s 18B
inserted by 34/2008 s 4
5.6.2008
s 18B(1)
amended by 22/2010 s 14(1)
s 18B(2)
amended by 53/2009 s 8(1)
amended by 22/2010 s 14(2)
s 18B(3)
deleted by 53/2009 s 8(2)
s 18B(4)—(9)
deleted by 22/2010 s 14(3)
s 18B(11)
deleted by 22/2010 s 14(4)
s 18BA
inserted by 22/2010 s 15
s 18BA(1)
amended by 31/2011 s 6(1), (2)
amended by 47/2012 s 15(1)—(4)
s 18BA(2a)
inserted by 31/2011 s 6(3)
s 18BAB
inserted by 31/2011 s 7
substituted by 47/2012 s 16
s 18BAB(1)
amended by 33/2013 s 4(1), (2)
1.7.2013
s 18BAC
inserted by 11/2014 Sch 1 cl 12
s 18BB
inserted by 22/2010 s 15
s 18BB(1)
amended by 31/2011 s 8
amended by 11/2014 Sch 1 cl 13
s 18C
inserted by 53/2009 s 9
amended by 22/2010 s 16
amended by 31/2011 s 9
substituted by 47/2012 s 17
amended by 11/2014 Sch 1 cl 14
s 20
s 20(1)
amended by 49/2004 s 9
s 20(3a)
inserted by 53/2009 s 10
amended by 11/2014 Sch 1 cl 15
s 22
s 22(3)
substituted by 49/2004 s 10
Pt 2 Div 6
heading
substituted by 26/2014 s 44
s 25
s 25(1)
amended by 21/2020 s 5
s 25(3)
substituted by 26/2001 s 7
s 27A
inserted by 26/2014 s 45
s 28
substituted by 26/2014 s 46
ss 29 and 30
deleted by 26/2014 s 47
Pt 3
s 31
amended by 47/2012 s 18
s 32
s 32(1)
amended by 47/2012 s 19(1)
s 32(2)
amended by 47/2012 s 19(2)
Pt 4
s 38
s 38(2)
amended by 49/2004 s 11(1), (2)
s 39
s 39(2)
amended by 49/2004 s 12
s 40
s 40(1)
amended by 74/2013 s 5
s 40(3)
substituted by 21/2020 s 6
s 40(6)
amended by 53/2009 s 11(1), (2)
s 40A
inserted by 53/2009 s 12
s 41
s 41(1)
protected information
amended by 43/2006 s 109
s 41(3)
amended by 47/2012 s 20
amended by 11/2014 Sch 1 cl 16
s 43
amended by 49/2004 s 13
s 46
s 46(3)
inserted by 26/2001 s 8
s 46(4)
inserted by 35/2002 s 9
amended by 53/2009 s 13
Transitional etc provisions associated with Act or amendments
Statutes Amendment (Stamp Duties and Other Measures) Act 2002
10—Validation for payment of increased grants
The payment of an amount as first home owner grant under the principal Act before the commencement of this Part, and anything done under the principal Act or the Taxation Administration Act 1996, is validated to the extent that it would have been valid if this Part had been enacted when the payment was made or the thing was done.
First Home Owner Grant (Miscellaneous) Amendment Act 2004 Sch 1
1—Application of amendments
An amendment to the First Home Owner Grant Act 2000 effected by a provision of this Act only applies in relation to an application under that Act if—
(a) in the case of an amendment effected by section 11, 12, or 13—the application is made after the commencement of the provision; or
(b) in any other case—the application is made in respect of an eligible transaction with a commencement date (within the meaning of that Act) occurring after the commencement of that provision.
Statutes Amendment (Domestic Partners) Act 2006
110—Transitional provision
An amendment made by this Act to the First Home Owner Grant Act 2000 applies only in relation to an application for a first home owner grant made after the commencement of the amendment.
Statutes Amendment (Budget 2008) Act 2008, Sch 1
1—Transitional provisions
(a) a person is entitled to a first home bonus grant under section 18B of the First Home Owner Grant Act 2000, as enacted by this Act (the relevant entitlement); and
(b) the person has—
(i) in respect of a conveyance that relates to the land on which the home under that Act is situated or is to be built (as the case may be), received a benefit under section 71C of the Stamp Duties Act 1923; or
(ii) received a benefit constituted by an ex gratia payment by the State in order to provide for the first home bonus grant envisaged by this Act for the period between 5 June 2008 and the date of enactment of this Act,
the amount of the relevant entitlement will be reduced by the amount of the benefit provided under section 71C of the Stamp Duties Act 1923 or by the amount of the ex gratia payment, or both (including so as to fully set off the amount of the relevant entitlement).
(2) If—
(a) a person has received a benefit constituted by an ex gratia payment by the State in order to provide for the first home bonus grant envisaged by this Act for the period between 5 June 2008 and the date of the enactment of this Act; and
(b) the person has also, in respect of a conveyance that relates to the land on which the home that is relevant to the ex gratia payment is situated, or is to be built, (as the case may be), received a benefit under section 71C of the Stamp Duties Act 1923 (the relevant benefit),
the Commissioner of State Taxation may recover the amount of the relevant benefit from any person who claimed that benefit as a debt due to the Crown.
(a) a person has received a benefit under section 71C of the Stamp Duties Act 1923 (the relevant benefit); and
(b) the conveyance on which the benefit is based falls within the ambit of subsection (8) of section 71C of the Stamp Duties Act 1923 (as enacted by this Act),
the Commissioner of State Taxation may recover the amount of the relevant benefit from any person who claimed that benefit as a debt due to the Crown.
(4) To avoid doubt, any set off or right of recovery under this clause extends to a benefit obtained before the commencement of this clause.
Statutes Amendment (Budget 2010) Act 2010
17—Transitional provisions
(1) If a person has, before the date of the enactment of this Act, received a first home owner grant in respect of an application on which a first home owner grant is not payable under subsection (1a) of section 7 of the principal Act (as inserted by section 12 of this Act), the Commissioner may recover the amount of the grant as a debt due to the Crown.
(2) If a person has, before the date of the enactment of this Act, received a payment under section 18B of the principal Act in respect of an eligible transaction with a commencement date that is on or after 17 September 2010, the Commissioner may recover the amount of the payment from the person as a debt due to the Crown.
(a) a person is entitled to a first home bonus grant under section 18BA of the principal Act, as enacted by this Act (the relevant entitlement); and
(b) the person has received a benefit constituted by an ex gratia payment by the State in order to provide for the first home bonus grant under section 18BA envisaged by this Act for the period between 17 September 2010 and the date of the enactment of this Act,
the amount of the relevant entitlement will be reduced by the amount of the ex gratia payment (including so as to fully set off the amount of the relevant entitlement).
(4) To avoid doubt, any set off or right of recovery under this section extends to a benefit obtained before the commencement of this section.
(5) Terms used in this section that are defined in the principal Act have the same respective meanings as in that Act.
(6) In this section—
principal Act means the First Home Owner Grant Act 2000.
Statutes Amendment (Budget 2011) Act 2011
10—Transitional provision
(a) a person has, before the day on which this Act is assented to by the Governor, received a payment under section 18BA of the First Home Owner Grant Act 2000 in respect of an eligible transaction with a commencement date that is on or after 10 June 2011; and
(b) the person is not entitled to the payment under section 18BA as amended by section 6 of this Act,
the Commissioner may recover the amount of the payment from the person as a debt due to the Crown.
(2) Terms used in subsection (1) that are defined in the First Home Owner Grant Act 2000 have the same respective meanings as in that Act.
First Home Owner Grant (Housing Grant Reforms) Amendment Act 2012, Sch 1—Transitional provisions
1—Interpretation
(1) In this Schedule—
principal Act means the First Home Owner Grant Act 2000 (being, if the context requires, the First Home and Housing Construction Grants Act 2000).
(2) Terms used in this Schedule that are defined in the principal Act have the same respective meanings as in that Act.
2—Transitional provisions
(a) a person is entitled to a first home owner grant of $15 000 under section 18(1)(b)(ii)(B) of the principal Act as amended by this Act; and
(b) the person has received a benefit constituted by an ex gratia payment by the State equal to the difference between $15 000 and $7 000 in order to provide for the payment of the higher amount under section 18 of the principal Act as amended by this Act for the period between 15 October 2012 and the day on which this Act is assented to by the Governor,
no further amount will be payable under section 18(1)(b)(ii)(B) on or after the enactment of this Act.
(2) If—
(a) a person is entitled to a first home bonus grant under section 18BA of the principal Act as amended by this Act in relation to an eligible transaction with a commencement date that is on or after 1 July 2012; and
(b) the person has received—
(i) a first home bonus grant under repealed section 18BAB of the principal Act (as in force before the commencement of this Act); or
(ii) a benefit constituted by an ex gratia payment by the State in order to provide for the first home bonus grant under section 18BA of the principal Act as amended by this Act for the period between 1 July 2012 and the day on which this Act is assented to by the Governor,
the amount of the entitlement referred to in paragraph (a) will be reduced by the amount of the grant received by the person under section 18BAB or the amount of the ex gratia payment (including so as to fully set off the amount of the relevant entitlement).
(a) a person is entitled to a housing construction grant under section 18BAB of the principal Act as enacted by this Act; and
(b) the person has received a benefit constituted by an ex gratia payment by the State in order to provide for a housing construction grant under section 18BAB enacted by this Act for the period between 15 October 2012 and the day on which this Act is assented to by the Governor,
the amount of the relevant entitlement will be reduced by the amount of the ex gratia payment (including so as to fully set off the amount of the relevant entitlement).
(4) If—
(a) a person—
(i) applies for a first home owner grant of $15 000 under section 18(1)(b)(ii)(B) of the principal Act as amended by this Act; or
(ii) receives an ex gratia payment contemplated by subclause (1)(b); and
(b) the Commissioner is satisfied (whether before or after the enactment of this Act) that the contract that formed the basis of the eligible transaction replaces a contract made before 15 October 2012 (the earlier contract), and that the earlier contract was—
(i) a contract for the purchase of the same home; or
(ii) a comprehensive building contract to build the same or a substantially similar home,
then—
(c) if the Commissioner has not made a payment under section 18 or an ex gratia payment contemplated by subclause (1)(b)—the amount of the first home owner grant under section 18 will be $7 000 rather than $15 000; or
(d) if the Commissioner has made a payment under section 18 or an ex gratia payment contemplated by subclause (1)(b) (whether before or after the commencement of this Act)—the Commissioner may recover the amount of $8 000 as a debt due to the Crown from the person who received the payment.
(5) To avoid doubt, any set off or right of recovery under this clause extends to a benefit or payment obtained or made before the commencement of this clause.
First Home and Housing Construction Grants (Budget 2013) Amendment Act 2013, Sch 1
1—Transitional provision
(a) a person is entitled to a housing construction grant under section 18BAB of the First Home and Housing Construction Grants Act 2000 as amended by this Act in relation to an eligible transaction with a commencement date that is on or after 1 July 2013; and
(b) the person has received a benefit constituted by an ex gratia payment by the State in order to provide for a housing construction grant under section 18BAB as amended by this Act for the period between 1 July 2013 and the day on which this Act is assented to by the Governor,
the amount of the relevant entitlement will be reduced by the amount of the ex gratia payment (including so as to fully set off the amount of the relevant entitlement).
(2) Terms used in subclause (1) that are defined in the First Home and Housing Construction Grants Act 2000 have the same respective meanings as in that Act.
Budget Measures Act 2014, Sch 1
17—Transitional provision
(a) a person is entitled to a seniors housing grant under section 18BAC of the principal Act as enacted by clause 12 of this Part; and
(b) the person has received a benefit constituted by an ex gratia payment by the State in order to provide for a seniors housing grant under section 18BAC enacted by clause 12 of this Part for the period between 1 July 2014 and the day on which this Act is assented to by the Governor,
the amount of the relevant entitlement will be reduced by the amount of the ex gratia payment (including so as to fully set off the amount of the relevant entitlement).
(2) To avoid doubt, any set off under this clause extends to a benefit or payment obtained or made before the commencement of this clause.
(3) Terms used in this clause that are defined in the principal Act have the same respective meanings as in that Act.
(4) In this clause—
principal Act means the First Home and Housing Construction Grants Act 2000.
Statutes Amendment (SACAT) Act 2014
48—Transitional provisions
(1) In this section—
principal Act means the First Home and Housing Construction Grants Act 2000;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.
(2) A right of appeal under section 28 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Magistrates Court.
(3) Nothing in this section affects any proceedings before the Magistrates Court commenced before the relevant day.
First Home and Housing Construction Grants (Miscellaneous) Amendment Act 2020, Sch 1
1—Transitional provision
An objection may only be lodged under section 25 of the First Home and Housing Construction Grants Act 2000 in relation to a decision of the Commissioner to impose a penalty under section 39(2) or (3) if the decision of the Commissioner was made after the commencement of section 5.
Historical versions
Reprint No 1—9.11.2000