18Amount of grant

18 Amount of grant (1) The amount of a first home owner grant is the lesser of the following: (a) the consideration for the eligible transaction; (b) an amount determined by the Minister. (2) A determination is a disallowable instrument. 19 Payment of grant (1) A first home owner grant is to be paid by electronic funds transfer, by cheque or in any other way the commissioner considers appropriate. (2) A first home owner grant is to be paid— (a) to the applicant; or (b) to someone else to whom the applicant directs in writing that the grant be paid. 20 Payment in anticipation of compliance with residence requirements or first home owner grant cap (1) The commissioner may authorise payment of a first home owner grant in anticipation of compliance with the residence requirements if the commissioner is satisfied that each applicant intends to comply with the residence requirements. (2) If a first home owner grant is paid in anticipation of compliance with the residence requirements, the payment is made on condition that, if the residence requirements are not complied with, the applicant must within 14 days after the relevant date— (a) give written notice of that fact to the commissioner; and (b) repay the amount of the grant.

First home owner grant Part 2 Decision on application Division 2.5 Section 20 R37 16/11/25 First Home Owner Grant Act 2000 Effective: 16/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The relevant date is the earlier of the following: (a) the end of the period allowed for compliance with the residence requirements; (b) the date it first becomes apparent that the residence requirements will not be complied with during the period allowed for compliance. (4) The commissioner may authorise payment of a first home owner grant in anticipation of compliance with the first home owner grant cap if— (a) the grant is to be paid in relation to an eligible transaction that involves the building of a home by an owner builder before the completion of the eligible transaction; and (b) the first home owner grant cap applies to the eligible transaction. (5) If a first home owner grant is paid in anticipation of compliance with the first home owner grant cap, the payment is made on condition that, if the applicant becomes aware that the total value of the eligible transaction is, or will be, more than the first home owner grant cap, the applicant must, within 14 days after the day the applicant becomes aware of that fact— (a) give written notice of that fact to the commissioner; and (b) repay the amount of the grant. (6) If a first home owner grant is paid to a person on the condition mentioned in subsection (2) or (5), the person must comply with the condition. Maximum penalty: 50 penalty units. (7) An offence against this section is a strict liability offence.

Part 2 First home owner grant Division 2.5 Decision on application Section 21 page 20 First Home Owner Grant Act 2000 Effective: 16/11/25 R37 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at 21 Conditions generally (1) The commissioner may authorise the payment of a first home owner grant on conditions the commissioner considers appropriate. (2) A condition imposed by the commissioner (under this section or any other provision of this Act) may require a person on whose application the first home owner grant is paid— (a) to give notice of noncompliance with the condition within a period stated in the condition; and (b) to repay the grant or part of the grant within a period stated in the condition. (3) For a joint application, each applicant is individually liable to comply with a requirement under subsection (2) but compliance by any of them is to be regarded as compliance by all. (4) If a first home owner grant is paid to a person on a condition imposed by the commissioner under this section or another provision of this Act, the person must comply with the condition. Maximum penalty: 50 penalty units. (5) An offence against this section is a strict liability offence. 22 Death of applicant (1) An application for a first home owner grant does not lapse because an applicant dies before the application is decided. (2) If an applicant dies before the application is decided, the following provisions apply: (a) if the deceased applicant was one of 2 or more applicants and 1 or more applicants survive—the application is to be dealt with as if the surviving applicants were the sole applicants; (b) in any other case—a first home owner grant, if payable on the application, is to be paid to the estate of the deceased applicant.