Part 1Preliminary

Part 1 Preliminary Section 5 page 4 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 (e) an interest in a company’s shares if the commissioner is satisfied that— (i) the interest entitles the holder of the interest to exclusive occupation of a particular home owned by the company; and (ii) the value of the shares is not less than the value of the company’s interest in the home. (3) However— (a) an interest is not a relevant interest in land at a particular time unless the holder of the interest has, or will have within 12 months after that time (or a longer time allowed by the commissioner), a right to immediate occupation of the land; and (b) an interest is not a relevant interest in land in the hands of a person who holds it subject to a trust; and (c) an equitable interest is not a relevant interest in land unless it is the interest of a person under a legal disability for whom a guardian holds the interest on trust. (4) Despite subsections (2) and (3), the regulations may provide for recognition of an interest (a noncomplying interest) as a relevant interest in land— (a) even though the interest may not comply with the subsections; and (b) even though the interest may not be recognised at law or in equity as an interest in land. (5) If a first home owner grant is to be paid because of the recognition of a noncomplying interest as a relevant interest in land, the commissioner may impose appropriate conditions on the payment of the grant to ensure its recovery if criteria prescribed under the regulations about future conduct or events are not satisfied.

Preliminary Part 1 Section 6 R37 16/11/25 First Home Owner Grant Act 2000 Effective: 16/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) In this section: land sublease—see the Planning Act 2023, dictionary. 6 Partner of applicant (1) A person is the partner of the applicant if the person is the applicant’s domestic partner. Note For the meaning of domestic partner, see Legislation Act, s 169. (2) However, if the applicant is married, in a civil union or civil partnership, the applicant’s spouse, civil union partner or civil partner is not to be regarded as the applicant’s partner if the commissioner is satisfied that, at the time of deciding the application for a first home owner grant, the applicant— (a) is not living with the person; and (b) has no intention of resuming living with the person.

Part 2 First home owner grant Division 2.1 Entitlement to grant Section 7 page 6 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 Part 2 First home owner grant Division 2.1 Entitlement to grant