10Criterion 3—Applicant (or applicant’s partner) must not

10 Criterion 3—Applicant (or applicant’s partner) must not have received an earlier grant (1) An applicant is ineligible if— (a) the applicant or the applicant’s 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, the applicant is not ineligible if— (a) for an application that relates to an eligible transaction with a commencement date before 1 January 2011—the grant was later paid back under the conditions on which the grant was made; or (b) for an application that relates to an eligible transaction with a commencement date on or after 1 January 2011— (i) the grant was later paid back; and

Part 2 First home owner grant Division 2.2 Eligibility criteria for applicants Section 11 page 8 First Home Owner Grant Act 2000 Effective: 16/11/25 R37 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) any amount payable as a penalty or as interest was also paid in relation to the earlier application. (3) An applicant is also ineligible if the applicant or the applicant’s partner— (a) could have successfully applied for a first home owner grant under this Act or a corresponding law in relation to 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 permanent resident, have successfully applied for a first home owner grant under this Act or a corresponding law in relation to an earlier transaction to which he or she was a party. 11 Criterion 4—Applicant (or applicant’s partner) must not have had relevant interest in residential property (1) An applicant is ineligible if the applicant or the applicant’s partner has, before 1 July 2000, held— (a) a relevant interest in residential property in the ACT; or (b) an interest in residential property in a State that is a relevant interest under the corresponding law of the State. (2) In working out for section (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, any deferment of the applicant’s right of occupation (because the property was subject to a lease) is to be disregarded. (3) An applicant is also ineligible if, before the commencement date of the eligible transaction to which the application relates, the applicant or the applicant’s partner— (a) held a relevant interest in residential property in the ACT or an interest in residential property in a State that is a relevant interest under the corresponding law of the State; and

First home owner grant Part 2 Eligibility criteria for applicants Division 2.2 Section 12 R37 16/11/25 First Home Owner Grant Act 2000 Effective: 16/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at (b) occupied the property as a place of residence. (4) However, for subsection (3), the applicant or the applicant’s partner is taken not to have used the property as the residence of the applicant or the applicant’s partner if— (a) the property was the subject of an earlier application under this Act by the applicant; and (b) a first home owner grant was paid under the earlier application; and (c) the applicant repaid the grant because of a failure to comply with section 12 in relation to the earlier application. (5) In this section: residential property—land in Australia is residential property at a particular time if there is, at that time, a building on the land lawfully occupied as a place of residence or suitable for occupation as a place of residence. 12 Criterion 5—Residence requirements (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 1 year. (2) However, if the commissioner is satisfied there are good reasons to do so, the commissioner may— (a) approve a shorter period; or (b) exempt the applicant from the requirement to comply with subsection (1). (3) The period of occupation required under subsection (1), or the shorter period approved under subsection (2) (a), must start within 1 year after completion of the eligible transaction to which the application relates or a longer period approved by the commissioner.