First Home Owner Grant and Home Buyer Schemes Act 2000

Part 1—Preliminary

S. 1 amended by No. 22/2021 s. 12.

1 Purpose

The purpose of this Act is to encourage and assist home ownership, and to offset the effect of the GST on home ownership, by—

S. 1(a) inserted by No. 22/2021 s. 12.

(a) establishing a scheme for the payment of grants to first home owners; and

S. 1(b) inserted by No. 22/2021 s. 12.

(b) authorising the Commissioner of State Revenue to administer schemes under which the State contributes to the purchase of a home or vacant land on which a home is to be constructed.

2 Commencement

This Act comes into operation on 1 July 2000.

S. 3 amended by No. 27/2001 s. 3(Sch. 1 item 3.2) (ILA s. 39B(1)).

3 Definitions and cross-references

(1) In this Act—

Australian citizen means an Australian citizen within the meaning of the Australian Citizenship Act 1948 of the Commonwealth;

S. 3(1) def. of Australia's Foreign Investment Policy inserted by No. 40/2014 s. 11.

Australia's Foreign Investment Policy means the document issued by the Commonwealth Treasurer known as Australia's Foreign Investment Policy as in force from time to time;

authorised investigation—see section 39;

authorised officer—see section 36;

building includes part of a building;

S. 3(1) def. of Chief Executive Centrelink inserted by No. 40/2014 s. 11.

Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997 of the Commonwealth;

S. 3(1) def. of Chief Executive Officer of Housing Australia inserted by No. 10/2025 s. 14.

Chief Executive Officer of Housing Australia has the same meaning as CEO has in the Housing Australia Act 2018 of the Commonwealth;

S. 3(1) def. of Child Support Registrar inserted by No. 40/2014 s. 11.

Child Support Registrar means the Registrar within the meaning of the Child Support (Registration and Collection) Act 1988 of the Commonwealth;

commencement date of an eligible transaction—see section 13(4);

Commissioner means Commissioner of State Revenue under the Taxation Administration Act 1997;

completed—for completion of an eligible transaction—see section 13(5);

comprehensive home building contract means a contract under which a builder undertakes to build a home on land from the inception of the building work to the point where the home is ready for occupation and if, for any reason, the work carried out under such a contract is not completed, includes any further contract under which the work is to be completed;

S. 3(1) def. of consideration amended by No. 42/2000 s. 8.

consideration—for consideration for an eligible transaction—see section 13(7);

corresponding law means an Act of another State, or a Territory, corresponding to this Act;

S. 3(1) def. of de facto spouse repealed by No. 27/2001 s. 3(Sch. 1 item 3.1(b)).

S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 3(Sch. 1 item 3.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 24.1), amended by No. 4/2009 s. 37(Sch. 1 item 14.1).

domestic partner of a person means—

(a) a person who is in a registered domestic relationship with the person; or

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

eligibility criteria means the criteria for determining whether an applicant for a first home owner grant is eligible for the grant (see Division 2 of Part 2);

eligible transaction—see section 13(1);

S. 3(1) def. of family violence inserted by No. 24/2025 s. 13.

family violence has the same meaning as in section 4 of the Family Violence Protection Act 2008;

first home owner grant means a grant authorised under section 17;

first home owner grant scheme means the scheme for payment of first home owner grants established under this Act;

S. 3(1) def. of guardian amended by No. 13/2019 s. 221(Sch. 1 item 16).

guardian of a person under a legal disability includes—

(a) a trustee who holds property on trust for the person under an instrument of trust or direction of a court or tribunal;

(b) an administrator for the person appointed in an administration order made under the Guardianship and Administration Act 2019;

S. 3(1) def. of Help to Buy arrangement inserted by No. 10/2025 s. 14.

Help to Buy arrangement has the same meaning as in the Help to Buy Act 2024 of the Commonwealth;

home—see section 4;

S. 3(1) def. of IBAC Com-missioner inserted by No. 40/2014 s. 11.

IBAC Commissioner means the Commissioner appointed under section 20 of the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of new home inserted by No. 41/2013 s. 38, substituted byNo. 47/2020 s. 29.

new home means a home that has not been previously occupied or sold as a place of residence or for the provision of short term accommodation, and includes a substantially renovated home and a home built to replace demolished premises;

S. 3(1) def. of new residential premises inserted by No. 41/2013 s. 38.

new residential premises has the same meaning as in section 40–75 of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

objector means a person who lodges an objection under section 26(1);

option to purchase includes a right of pre‑emption or a right of first refusal;

owner—

(a) in relation to a home, has the meaning given by section 5(1);

(b) in relation to land, means a person who has a relevant interest in the land;

owner builder means an owner of land who builds a home, or has a home built, on the land without entering into a comprehensive home building contract;

S. 3(1) def. of partner inserted by No. 27/2001 s. 3(Sch. 1 item 3.1(a)).

partner of a person means, subject to section 6, the person's spouse or domestic partner;

S. 3(1) def. of permanent resident substituted by Nos 10/2001 s. 3, 48/2025 s. 27.

permanent resident means the holder of a permanent visa within the meaning of section 30(1) of the Migration Act 1958 of the Commonwealth;

S. 3(1) def. of principal beneficiary inserted by No. 50/2024 s. 34.

principal beneficiary, of a special disability trust, has the meaning given by—

(a) section 1209M(1) of the Social Security Act 1991 of the Commonwealth, in the case of a special disability trust within the meaning of section 1209L of that Act; and

(b) section 52ZZZWA(1) of the Veterans' Entitlements Act 1986 of the Commonwealth, in the case of a special disability trust within the meaning of section 52ZZZW of that Act;

relevant interest—see section 5;

S. 3(1) def. of residence requirement amended by Nos 113/2003 s. 13, 41/2013 s. 37(1).

residence requirement means the requirement that 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 12 months commencing within the 12 month period immediately after the completion of the eligible transaction or a longer period approved by the Commissioner (see section 12);

residential property—land in Australia is residential property at a particular time if there is a building on the land lawfully occupied as a place of residence or suitable for occupation as a place of residence at that time;

S. 3(1) def. of special disability trust inserted by No. 50/2024 s. 34.

special disability trust means—

(a) a special disability trust within the meaning of section 1209L of the Social Security Act 1991 of the Commonwealth; or

(b) a special disability trust within the meaning of section 52ZZZW of the Veterans' Entitlements Act 1986 of the Commonwealth;

S. 3(1) def. of special eligible transaction inserted by No. 84/2008 s. 14.

special eligible transaction—see section 13A;

S. 3(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 3.1(c)).

spouse of a person means a person to whom the person is married;

S. 3(1) def. of taxation law amended by No. 84/2008 s. 17.

taxation law means—

(a) a taxing Act within the meaning of clause 2 in Part 1 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 and any law of another State or Territory that corresponds to such a taxing Act; or

(b) any law of the Commonwealth relating to taxation;

terms contract has the same meaning as in section 2(1) of the Sale of Land Act 1962;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998.

S. 3(2) inserted by No. 27/2001 s. 3(Sch. 1 item 3.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 24.2).

(2) For the purposes of the definition of domestic partner in subsection (1)—

S. 3(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 14.2(a)).

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and

S. 3(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 14.2(b)).

(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

4 Homes

A home is a building (affixed to land) that—

(a) may lawfully be used as a place of residence; and

(b) is, in the Commissioner's opinion, a suitable building for use as a place of residence.

5 Ownership of land and homes

(1) A person is an owner of a home or a home owner if the person has a relevant interest in land on which a home is built.

(2) Each of the following is, subject to subsection (3) a relevant interest in land—

(a) an estate in fee simple in the land; or

(b) a life estate in the land approved by the Commissioner; or

(c) a perpetual lease of the land granted by the Commonwealth or the State; or

(d) a leasehold interest in the land granted by the Commonwealth or the State that may be converted under the terms of the lease or by statute into an estate in fee simple; or

(e) an interest as purchaser under a contract for the purchase from the Commonwealth or the State of an estate in fee simple in the land by instalments; or

(f) an interest as purchaser of an estate in fee simple under a terms contract; or

(g) a licence or right of occupancy granted by the Commonwealth or the State that gives, in the Commissioner's opinion, the licensee or the holder of the right reasonable security of tenure; or

(h) 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 specified 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) Subject to subsection (4)—

(a) an interest is not a relevant interest 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;

(b) an interest is not a relevant interest in the hands of a person who holds it subject to a trust;

S. 5(3)(c) substituted by No. 50/2024 s. 35.

(c) an equitable interest is not a relevant interest unless it is the interest of—

(i) a person under a legal disability for whom a guardian holds the interest on trust; or

(ii) a principal beneficiary of a special disability trust for whom a trustee holds the interest on trust.

(4) The regulations may provide for recognition of an interest as a relevant interest whether or not—

(a) the interest conforms with subsection (3); and

(b) the interest is recognised at law or in equity as an interest in land.

(5) If a first home owner grant is to be paid in consequence of the recognition of an interest as a relevant interest under subsection (4), the Commissioner may impose appropriate conditions on the payment of the grant to ensure its recovery if criteria prescribed in the regulations about future conduct or events are not satisfied.

S. 6 substituted by No. 27/2001 s. 3(Sch. 1 item 3.3).

6 Exclusion of non-cohabiting spouse

If the Commissioner is satisfied that, at the time of deciding an application for a first home owner grant, an applicant—

(a) is married but not cohabiting with the applicant's spouse; and

(b) has no intention of resuming cohabitation—

the applicant's spouse is not to be regarded as the applicant's partner.

Part 2—First home owner grant

Division 1—Entitlement to grant

7 Entitlement to grant

(1) A first home owner grant is payable on an application under this Act if—

S. 7(1)(a) amended by No. 113/2003 s. 14.

(a) the applicant or, if there are 2 or more of them, each of the applicants complies with the eligibility criteria at the time that the transaction for which the grant is sought is completed; and

(b) the transaction for which the grant is sought—

(i) is an eligible transaction; and

(ii) has been completed.

(2) Despite subsection (1)(a), an applicant need not comply with the eligibility criteria to the extent that 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.

Division 2—Eligibility criteria (applicants)

S. 8 substituted by No. 113/2003 s. 15.

8 Criterion 1—Applicant to be a natural person and at least 18 years of age

(1) An applicant for a first home owner grant must be—

(a) a natural person; and

(b) at least 18 years of age.

(2) The Commissioner may exempt an applicant from the requirement in subsection (1)(b) if the Commissioner is satisfied that—

S. 8(2)(a) amended by No. 41/2013 s. 37(2).

(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 12 months commencing within the 12 month period immediately 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 for or entitlement to a first home owner grant.

S. 9 (Heading) amended by No. 48/2025 s. 28(1).

9 Criterion 2—Applicant to be Australian citizen, New Zealand citizen or permanent resident

S. 9(1) amended by No. 48/2025 s. 28(2).

(1) Subject to subsection (2), an applicant for a first home owner grant must be an Australian citizen, New Zealand citizen or a permanent resident.

S. 9(2) amended by No. 48/2025 s. 28(3).

(2) If an application is made by joint applicants and 1 of the applicants is an Australian citizen, New Zealand citizen or a permanent resident, it is not necessary for the other or others to be Australian citizens, New Zealand citizens or permanent residents.

S. 10 (Heading) inserted by No. 27/2001 s. 3(Sch. 1 item 3.4).

10 Criterion 3—Applicant (or applicant's partner) must not have been entitled to earlier grant

S. 10(1) amended by No. 24/2025 s. 14(1).

(1) Subject to subsections (2) and (3), an applicant is ineligible if—

S. 10(1)(a) amended by No. 27/2001 s. 3(Sch. 1 item 3.5).

(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.

S. 10(2) amended by No. 113/2003 s. 16.

(2) An applicant is not ineligible if the grant was paid but later paid back.

S. 10(3) repealed by No. 10/2001 s. 4(1), new s. 10(3) inserted by No. 24/2025 s. 14(2).

(3) An applicant is not ineligible if the grant was paid on an earlier application to which the applicant or the applicant's partner was a party and the Commissioner is satisfied that the person who was an applicant in the earlier application—

(a) does not reside in the home to which the earlier application relates because another person subjected the person or a family member of the person to family violence; and

(b) has not received and will not receive any financial benefit from the home to which the earlier application relates.

S. 11 (Heading) inserted by No. 27/2001 s. 3(Sch. 1 item 3.6).

11 Criterion 4—Applicant (or applicant's partner) must not have had relevant interest in residential property

S. 11(1) amended by No. 27/2001 s. 3(Sch. 1 item 3.7).

(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 Victoria; 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.

S. 11(2) amended by No. 27/2001 s. 3(Sch. 1 item 3.7).

(2) In working out for the purposes of subsection (1) whether an applicant or the applicant's partner 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 right of occupation (because the property was subject to a lease or for any other reason) is to be disregarded.

S. 11(3) inserted by No. 10/2001 s. 4(2), amended by No. 27/2001 s. 3(Sch. 1 item 3.7), substituted by No. 113/2003 s. 17.

(3) An applicant is ineligible if, before the commencement date of the relevant transaction, the applicant, or the applicant's partner—

(a) held a relevant interest in residential property in Victoria 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) occupied the property as a place of residence for a continuous period of at least 6 months.

S. 11(4) inserted by No. 24/2025 s. 15.

(4) Despite anything to the contrary in this section, an applicant is not ineligible if the applicant or the applicant's partner held a relevant interest in residential property and the Commissioner is satisfied that the person who held the relevant interest—

(a) does not reside in the residential property because another person subjected the person or a family member of the person to family violence; and

(b) has not received and will not receive any financial benefit from the residential property.

S. 12 substituted by No. 113/2003 s. 18.

12 Criterion 5—Residence requirement

S. 12(1) amended by No. 41/2013 s. 37(3).

(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 12 months (or the lesser period approved by the Commissioner) commencing within the 12 month period immediately after completion of the eligible transaction or within a longer period approved by the Commissioner.

S. 12(2) amended by No. 41/2013 s. 37(4).

(2) The Commissioner may approve a lesser period of occupation under subsection (1) if the Commissioner is satisfied that there are good reasons why the applicant cannot comply with the requirement to occupy the home for 12 months.

(3) If an application is made by joint applicants and at least one (but not all) of the applicants complies with the residence requirement, the non-complying applicant or applicants are exempted from compliance with the residence requirement.

S. 12(4) inserted by No. 28/2017 s. 48.

(4) An applicant is exempted from compliance with the residence requirement if, at the time the eligible transaction is completed—

(a) for an application made by a single applicant, the applicant is a member of the Defence Force and is enrolled on the register of electors; or

(b) for an application made by joint applicants—

(i) at least one of the applicants is a member of the Defence Force; and

(ii) each of the applicants is enrolled on the register of electors.

S. 12(5) inserted by No. 28/2017 s. 48.

(5) In this section—

member of the Defence Force means a member of the Permanent Forces within the meaning of the Defence Act 1903 of the Commonwealth;

register of electors has the same meaning as in the Electoral Act 2002.

Division 3—Eligible transactions

13 Eligible transaction

S. 13(1) amended by No. 83/2009 s. 3(1).

(1) Subject to subsection (1A), an eligible transaction is—

S. 13(1)(a) amended by No. 41/2013 s. 39(1).

(a) a contract made on or after 1 July 2000 and before 1 July 2013 for the purchase of a home in the State;

S. 13(1)(ab) inserted by No. 41/2013 s. 39(2).

(ab) a contract made on or after 1 July 2013 for the purchase of a new home in the State;

(b) a comprehensive home building contract made on or after 1 July 2000 by the owner of land in the State, or a person who will on completion of the contract be the owner of land in the State, to have a home built on the land;

(c) the building of a home in the State by an owner builder if the building work commences on or after 1 July 2000.

S. 13(1A) inserted by No. 83/2009 s. 3(2).

(1A) The consideration for an eligible transaction with a commencement date that is on or after 1 January 2010 must not exceed $750 000.

(2) A contract is a contract for the purchase of a home if the contract is a contract for the acquisition of a relevant interest in land on which a home is built.

(3) However, a contract made on or after 1 July 2000 is not an eligible transaction if—

(a) in the case of a contract to purchase a home—the purchaser had an option to purchase the home granted before that date or the vendor had an option to require the purchaser to purchase the home granted before that date; or

(b) in the case of a comprehensive building contract—either party had a right or option granted before that date to require the other to enter into the contract—

unless the Commissioner is satisfied that the option or right does not form part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant.

(4) The commencement date of an eligible transaction is—

(a) in the case of a contract—the date on which the contract is made;

(b) in the case of the building of a home by an owner builder—

(i) the date when laying the foundations for the home commences; or

(ii) another date the Commissioner considers appropriate in the circumstances of the case.

(5) An eligible transaction is completed when—

(a) in the case of a contract for the purchase of a home—

S. 13(5)(a)(i) substituted by No. 113/2003 s. 19(1).

(i) the purchaser (or a nominee of the purchaser) becomes entitled to possession of the home under the contract; and

(ii) if further requirements for the completion of the transaction are laid down in the regulations—the further requirements are complied with;

(b) in the case of a contract to have a home built—

(i) the building is ready for occupation as a place of residence; and

(ii) if further requirements for the completion of the transaction are laid down in the regulations—the further requirements are complied with;

(c) in the case of the building of a home by an owner builder—

(i) the building is ready for occupation as a place of residence; and

(ii) if further requirements for the completion of the transaction are laid down in the regulations—the further requirements are complied with.

(6) If a person purchases a moveable building and intends to use it as a place of residence on land in which the person has a relevant interest but on which it is not situated at the time of purchase—

(a) this Act applies as if the person were an owner builder building a home on the land; and

(b) the commencement date of the transaction is taken to be the date of the contract to purchase the moveable building; and

(c) the transaction is taken to be completed when the moveable building is ready for occupation as a place of residence on land in which the purchaser has a relevant interest.

(7) The consideration for an eligible transaction is—

(a) in the case of a contract for the purchase of a home—the consideration for that purchase;

(b) in the case of a comprehensive home building contract—the total consideration payable for the building work;

(c) in the case of the building of a home by an owner builder—the actual costs to the owner of carrying out the work (excluding any allowance for the owner builder's own labour).

S. 13(8) inserted by No. 113/2003 s. 19(2).

(8) For the purposes of this Part, if—

(a) a purchaser under a contract for the purchase of a home nominates another person (the nominee) as purchaser; and

(b) the nominee provides valuable consideration for the purchase to the vendor—

the contract for the purchase of the home is taken to be an eligible transaction in relation to the nominee, whether or not the nominee is a party to that contract.

S. 13(9) inserted by No. 83/2009 s. 3(3).

(9) Subsection (1A) does not apply in relation to an eligible transaction relating to a home that is on, or to be built on, land referred to in section 65 or 66 of the Land Tax Act 2005.

S. 13(10) inserted by No. 83/2009 s. 3(3).

(10) Subsection (1A) does not apply in relation to an eligible transaction relating to a home that is on, or to be built on, land referred to in section 67(1)(a) of the Land Tax Act 2005 if—

(a) the applicant—

S. 13(10)(a)(i) amended by No. 46/2019 s. 28(a).

(i) is, or, when the contract for the purchase of the home or the comprehensive building contract is completed, will be, an owner of the land (not acting in the capacity as trustee of a trust to which the land is subject) who meets the requirements in section 67A of the Land Tax Act 2005; or

S. 13(10)(a)(ii) amended by No. 46/2019 s. 28(b).

(ii) holds an interest in the shares of a proprietary company (not acting in the capacity as trustee of a trust to which the land is subject) that meets the requirements in section 67B of the Land Tax Act 2005 and—

(A) the interest entitles the applicant to exclusive occupation of a specified home owned by the company or which will be owned by the company, when a contract for the purchase of the specified home or a comprehensive building contract for the building of the specified home is completed; and

(B) the value of the shares is not less than the value of the company's interest in the home; and

(b) the applicant continues to comply with subparagraph (i) or (ii) (as the case requires) until the end of the period that the applicant is required under section 12 to occupy the home.

S. 13A inserted by No. 84/2008 s. 15.

13A Special eligible transactions

S. 13A(1) substituted by No. 37/2009 s. 12.

(1) An eligible transaction is also a special eligible transaction if it is—

(a) a contract for the purchase of a home in the State (other than a contract for an off-the-plan purchase of a new home) entered into—

(i) on or after 14 October 2008 and on or before 30 September 2009; or

(ii) on or after 1 October 2009 and on or before 31 December 2009;

(b) a contract for the purchase of a new residential premises in the State entered into—

(i) on or after 14 October 2008 and on or before 30 September 2009; or

(ii) on or after 1 October 2009 and on or before 31 December 2009;

(c) a comprehensive home building contract for a home in the State entered into—

(i) on or after 14 October 2008 and on or before 30 September 2009 and in respect of which—

(A) the construction work commences within 26 weeks from the date that the contract is entered into or a longer period that the Commissioner considers appropriate in the circumstances of the case; and

(B) the building work is completed within 18 months of the date of commencement of construction work or a longer period that the Commissioner considers appropriate in the circumstances of the case; or

(ii) on or after 1 October 2009 and on or before 31 December 2009 and in respect of which—

(A) the construction work commences within 26 weeks from the date that the contract is entered into or a longer period that the Commissioner considers appropriate in the circumstances of the case; and

(B) the building work is completed within 18 months of the date of commencement of construction work or a longer period that the Commissioner considers appropriate in the circumstances of the case; or

(d) for the building of a home in the State by an owner builder and the building work—

(i) is commenced on or after 14 October 2008 and on or before 30 September 2009; and

(ii) is completed within 18 months of the commencement of the eligible transaction or a longer period that the Commissioner considers appropriate in the circumstances of the case; or

(e) for the building of a home in the State by an owner builder and the building work—

(i) is commenced on or after 1 October 2009 and on or before 31 December 2009; and

(ii) is completed within 18 months of the commencement of the eligible transaction or a longer period that the Commissioner considers appropriate in the circumstances of the case; or

(f) a contract for an off-the-plan purchase of a home in the State and—

(i) the contract is entered into on or after 14 October 2008 and on or before 30 June 2009; and

(ii) the construction work is completed by 31 December 2010 or a later date that the Commissioner considers appropriate in the circumstances of the case; or

(g) a contract for an off-the-plan purchase of a home in the State and—

(i) the contract is entered into on or after 1 July 2009 and on or before 30 September 2009; and

(ii) the construction work is completed by 31 March 2011 or a later date that the Commissioner considers appropriate in the circumstances of the case; or

(h) a contract for an off-the-plan purchase of a home in the State and—

(i) the contract is entered into on or after 1 October 2009 and on or before 31 December 2009; and

(ii) the construction work is completed by 30 June 2011 or a later date that the Commissioner considers appropriate in the circumstances of the case.

(2) However, a contract is not a special eligible transaction if the Commissioner determines that the contract replaces a previous contract entered into before 14 October 2008 that was—

S. 13A(3) repealed by No. 41/2013 s. 40.

Division 4—Application for grant

14 Application for grant

(1) An application for a first home owner grant is to be made to the Commissioner.

(2) An application—

(a) must be in a form approved by the Commissioner; and

S. 14(2)(b) amended by No. 27/2001 s. 3(Sch. 1 item 3.7).

(b) must contain information required by the Commissioner about the applicant and, if the Commissioner so requires, about the applicant's partner; and

S. 14(2)(c) amended by No. 27/2001 s. 3(Sch. 1 item 3.7).

(c) must be signed by the applicant and, if the Commissioner so requires, by the applicant's partner.

S. 14(3) amended by No. 27/2001 s. 3(Sch. 1 item 3.7).

(3) An applicant and an applicant's partner must provide the Commissioner with any further information the Commissioner requires to decide the application.

S. 14(4) amended by No. 27/2001 s. 3(Sch. 1 item 3.7).

(4) Information provided by an applicant or applicant's partner in or in relation to an application must, if the Commissioner so requires, be verified by statutory declaration or supported by other evidence required by the Commissioner.

(5) An application may only be made within a period (the application period)—

(a) commencing on the commencement date of the eligible transaction to which the application relates; and

(b) ending 12 months after the completion of the eligible transaction to which the application relates.

(6) However, the Commissioner has a discretion to allow an application before or after the application period.

(7) An applicant may amend an application.

15 All interested persons to join in application

(1) All interested persons must be applicants.

(2) An interested person is a person who was, or will be, on completion of the eligible transaction to which the application relates, an owner of the relevant home except such a person who is excluded from the application of this section under the regulations.

16 Application on behalf of person under legal disability

(1) An application may be made on behalf of a person under a legal disability by a guardian.

(2) For the purposes of determining eligibility, the person under the legal disability is to be regarded as the applicant.

S. 16A inserted by No. 50/2024 s. 36.

16A Application on behalf of principal beneficiary of special disability trust

(1) An application may be made on behalf of the principal beneficiary of a special disability trust by a trustee of that trust.

(2) For the purposes of determining eligibility, the principal beneficiary is to be regarded as the applicant.

Division 5—Decision on application

17 Commissioner to decide applications

(1) If the Commissioner is satisfied that a first home owner grant is payable on an application, the Commissioner must authorise the payment of the grant.

(2) The Commissioner may authorise the payment of a first home owner grant before completion of the eligible transaction if satisfied that—

(a) there are good reasons for doing so; and

(b) the interests of the State can be adequately protected by conditions requiring repayment of the grant if the transaction is not completed within a reasonable time.

S. 18 amended by No. 46/2004 s. 18 (ILA s. 39B(1)).

18 Amount of grant

S. 18(1) amended by No. 41/2013 s. 41(1).

(1) If the commencement date of an eligible transaction is before 1 July 2013, the amount of a first home owner grant is the lesser of the following—

(b) $7000.

S. 18(1A) inserted by No. 41/2013 s. 41(2).

(1A) If the commencement date of an eligible transaction is on or after 1 July 2013, the amount of a first home owner grant is the lesser of the following—

(b) $10 000.

S. 18(1B) inserted by No. 28/2017 s. 49(1), amended by No. 14/2020 s. 6.

(1B) Despite subsection (1A), if the commencement date of an eligible transaction is on or after 1 July 2017 and before 1 July 2021 and the conditions in subsection (1C) are satisfied, the amount of the first home owner grant is the lesser of the following—

(b) $20 000.

S. 18(1C) inserted by No. 28/2017 s. 49(1).

(1C) For the purposes of subsection (1B), the conditions are—

(a) the eligible transaction is a contract for the purchase of a new home; and

(b) the land on which the new home will be situated is wholly in regional Victoria.

S. 18(2) inserted by No. 46/2004 s. 18, substituted by No. 36/2005 s. 23.

(2) Subject to subsections (3) and (4), if the consideration for the eligible transaction does not exceed $500 000 an additional amount is payable as follows—

(a) $5000 if the commencement date of the eligible transaction is on or after 1 May 2004 and before 1 January 2006; or

S. 18(2)(b) amended by No. 86/2006 s. 6(1)(a).

(b) $3000 if the commencement date of the eligible transaction is on or after 1 January 2006 and before 1 January 2007; or

S. 18(2)(c) inserted by No. 86/2006 s. 6(1)(b).

(c) if the commencement date of the eligible transaction is on or after 1 January 2007 and before 1 July 2009—

(i) $5000 if the eligible transaction is a contract for the purchase of new residential premises or an eligible transaction referred to in section 13(1)(b) or (c); or

(ii) $3000 in any other case.

S. 18(2AA) inserted by No. 37/2009 s. 13(1), amended by No. 36/2010 s. 11(1).

(2AA) Subject to subsections (3) and (4A), if the consideration for the eligible transaction does not exceed $600 000 an additional amount is payable as follows—

(a) if the commencement date of the eligible transaction is on or after 1 July 2009 and before 1 July 2010—

(i) $11 000 if the eligible transaction is a contract for the purchase of new residential premises or an eligible transaction referred to in section 13(1)(b) or 13(1)(c); or

(ii) $2000 in any other case.

S. 18(2AB) inserted by No. 36/2010 s. 11(2).

(2AB) Subject to subsections (3) and (4B), if the consideration for the eligible transaction does not exceed $600 000 an additional amount of $13 000 is payable if—

S. 18(2AB)(a), amended by No. 28/2011 s. 32(1).

(a) the commencement date of the eligible transaction is on or after 1 July 2010 and before 1 July 2012; and

(b) the eligible transaction is a contract for the purchase of a new residential premises or an eligible transaction referred to in section 13(1)(b) or 13(1)(c).

S. 18(2A) inserted by No. 31/2008 s. 15(1).

(2A) Subject to subsections (3) and (4), an additional amount of $3000 is payable (in addition to any amount payable under subsection (1) or (2)) if—

(a) the consideration for the eligible transaction does not exceed $500 000; and

(b) the commencement date of the eligible transaction is on or after 6 May 2008 and before 1 July 2009; and

(c) the eligible transaction is a contract for the purchase of new residential premises or an eligible transaction referred to in section 13(1)(b) or (c); and

S. 18(2B) inserted by No. 37/2009 s. 13(2), amended by No. 36/2010 s. 11(1).

(2B) Subject to subsections (3) and (4A), an additional amount of $4 500 is payable (in addition to any amount payable under subsection (1) or (2AA)) if—

(a) the consideration for the eligible transaction does not exceed $600 000; and

(b) the commencement date of the eligible transaction is on or after 1 July 2009 and before 1 July 2010; and

(c) the eligible transaction is a contract for the purchase of new residential premises or an eligible transaction referred to in section 13(1)(b) or 13(1)(c); and

S. 18(2C) inserted by No. 36/2010 s. 11(3).

(2C) Subject to subsections (3) and (4B), an additional amount of $6500 is payable (in addition to any amount payable under subsection (1) or (2AB)) if—

(a) the consideration for the eligible transaction does not exceed $600 000; and

S. 18(2C)(b) amended by No. 28/2011 s. 32(2).

(b) the commencement date of the eligible transaction is on or after 1 July 2010 and before 1 July 2012; and

(c) the eligible transaction is a contract for the purchase of new residential premises or an eligible transaction referred to in section 13(1)(b) or 13(1)(c); and

S. 18(3) inserted by No. 46/2004 s. 18, amended by Nos 31/2008 s. 15(2)(a), 37/2009 s. 13(3), 36/2010 s. 11(4).

(3) Subsection (2), (2AA), (2AB), (2A), (2B) or (2C) does not apply to the extent that the amount of the first home owner grant (including the additional amount referred to in that subsection) would exceed the consideration for the eligible transaction.

S. 18(4) inserted by No. 46/2004 s. 18, amended by No. 31/2008 s. 15(2)(a).

(4) Subsection (2) or (2A) also does not apply if the Commissioner is satisfied that the contract that formed the basis of the eligible transaction replaces a contract made before 1 May 2004 (the earlier contract), and the earlier contract was—

S. 18(4A) inserted by No. 37/2009 s. 13(4).

(4A) Subsection (2AA) or (2B) also does not apply if the Commissioner is satisfied that the contract that formed the basis of the eligible transaction replaces a contract made before 1 July 2009 (the earlier contract), and the earlier contract was—

S. 18(4B) inserted by No. 36/2010 s. 11(5).

(4B) Subsection (2AB) or (2C) also does not apply if the Commissioner is satisfied that the contract that formed the basis of the eligible transaction replaces a contract made before 1 July 2010 (the earlier contract), and the earlier contract was—

S. 18(4C) inserted by No. 41/2013 s. 41(3), substituted by No. 28/2017 s. 49(2).

(4C) Despite anything to the contrary in subsection (1), (1A) or (1B), the amount of a first home owner grant is—

(a) the amount referred to in subsection (1), if the Commissioner is satisfied that the contract that formed the basis of the eligible transaction replaces a contract made before 1 July 2013 (the pre-July 2013 contract) and the pre-July 2013 contract was—

(i) a contract for the purchase of the same home; or

(ii) a comprehensive home building contract to build the same home or a substantially similar home; or

(b) the amount referred to in subsection (1A), if the Commissioner is satisfied that the contract that formed the basis of the eligible transaction replaces a contract made on or after 1 July 2013 and before 1 July 2017 (the pre-July 2017 contract) and the pre‑July 2017 contract was—

(i) a contract for the purchase of the same home; or

(ii) a comprehensive home building contract to build the same home or a substantially similar home.

S. 18(5) inserted by No. 46/2004 s. 18, amended by Nos 31/2008 s. 15(2)(b), 37/2009 s. 13(3), 36/2010 s. 11(6), 38/2023 s. 13.

(5) If a transferee to whom section 60A(2) of the Duties Act 2000 applies elects under that section to receive an exemption or concession under section 60 of that Act in respect of a transfer of land, he or she is not entitled to any amount under subsection (2), (2AA), (2AB), (2A), (2B) or (2C) of this section in respect of the eligible transaction relating to that land.

S. 18(6) inserted by No. 38/2006 s. 7,
amended by Nos 31/2008 s. 15(2)(b), 37/2009 s. 13(3), 36/2010 s. 11(6).

(6) If an eligible first home owner (within the meaning of the Duties Act 2000) to whom section 63B(2) of that Act applies elects under that section to receive an exemption or concession under section 62 or 63 of that Act in respect of a transfer of land, he or she is not entitled to any amount under subsection (2), (2AA), (2AB), (2A), (2B) or (2C) of this section in respect of the eligible transaction relating to that land.

S. 18(7) inserted by No. 86/2006 s. 6(2), repealed by No. 31/2008 s. 15(2)(c), new s. 18(7) inserted by No. 84/2008 s. 16, substituted by No. 37/2009 s. 13(5).

(7) Subject to subsection (7A), in relation to a special eligible transaction an additional amount is payable as follows—

(a) $7000, if section 13A(1)(a)(i) applies to the transaction; or

(b) $3500, if section 13A(1)(a)(ii) applies to the transaction; or

(c) $14 000, if—

(i) section 13A(1)(b)(i), 13A(1)(c)(i), 13A(1)(d), 13A(1)(f) or 13A(1)(g) applies to the transaction; and

(ii) the home has not been occupied as a residence since it was constructed, renovated or refurbished; or

(d) $7000, if—

(i) section 13A(1)(b)(ii), 13A(1)(c)(ii), 13A(1)(e) or 13A(1)(h) applies to the transaction; and

(ii) the home has not been occupied as a residence since it was constructed, renovated or refurbished.

S. 18(7A) inserted by No. 84/2008 s. 16.

(7A) Subsection (7) does not apply to the extent that the total amount of the first home owner grant (including any additional amounts referred to in subsection (2) and subsection (7)) would exceed the consideration for the special eligible transaction.

S. 18(8) inserted by No. 86/2006 s. 6(2).

(8) In this section—

S. 18(8) def. of new residential premises repealed by No. 41/2013 s. 41(4).

S. 18(8) def. of PPR transfer repealed by No. 31/2008 s. 15(3)(b).

S. 18(8) def. of regional Victoria inserted by No. 31/2008 s. 15(3)(a).

regional Victoria means—

(a) the municipal districts of the municipal councils set out in Schedule 1; and

(b) the alpine resorts within the meaning of the Alpine Resorts Act 1983.

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 thinks appropriate.

(2) A first home owner grant is to be paid—

(a) in the case of a sole applicant—

(i) to the applicant; or

(ii) to some other person to whom the applicant directs in writing that the grant be paid; or

(b) in the case of joint applicants—

(i) to each applicant in equal shares; or

(ii) to some other person to whom the applicants direct in writing jointly that the grant be paid.

(3) If the applicant requests, the Commissioner may apply the amount of a first home owner grant, or part of the amount, against stamp duty payable on—

(a) the conveyance of the relevant interest in respect of which the grant is made;

(b) a mortgage relating to the acquisition of the relevant interest in respect of which the grant is made.

20 Payment in anticipation of compliance with residence requirement

S. 20(1) amended by Nos 113/2003 s. 20, 41/2013 s. 37(5).

(1) The Commissioner may authorise the payment of a first home owner grant in anticipation of compliance with the residence requirement if the Commissioner is satisfied that each applicant who is required to comply but has not yet complied with the residence requirement, intends to occupy the home as his or her principal place of residence for a continuous period of at least 12 months commencing within the 12 month period immediately after completion of the eligible transaction or within a longer period allowed by the Commissioner.

(2) If a first home owner grant is paid in anticipation of compliance with the residence requirement, the payment is made on condition that, if the residence requirement is not complied with, the applicant must within 14 days after the end of the period allowed for compliance—

(a) give written notice of that fact to the Commissioner; and

S. 20(2)(b) amended by No. 47/2020 s. 30(1).

(b) unless the Commissioner exercises a discretion under section 12 in relation to the residency requirement, repay the amount of the grant.

S. 20(3) amended by No. 28/2011 s. 30.

(3) A person must comply with the condition imposed by subsection (2).

Penalty: 120 penalty units.

S. 20(4) inserted by No. 47/2020 s. 30(2).

(4) A failure of a person to notify the Commissioner as required under subsection (2)(a) does not affect the Commissioner's power to exercise a discretion under section 12.

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 non-compliance with the condition within a period stated in the condition; and

(b) to repay the grant within a period stated in the condition.

(3) In the case of a joint application, each applicant is individually liable to comply with a requirement under subsection (2) but compliance by any 1 or more of them is to be regarded as compliance by both or all.

(4) A person must comply with a condition imposed by the Commissioner (under this section or any other provision of this Act).

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 was 1 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.

S. 22(3) substituted by No. 113/2003 s. 21, amended by No. 41/2013 s. 37(6).

(3) If a deceased applicant for a first home owner grant had not, by the date of death, occupied the home to which the application relates as the applicant's principal place of residence for a continuous period of 12 months commencing within the 12 month period immediately after completion of the eligible transaction or a longer period allowed by the Commissioner, but the Commissioner is satisfied that the applicant intended to do so, the residence requirement is satisfied.

23 Power to correct decision

(1) If the Commissioner decides an application and is later satisfied (independently of an objection under this Act) that the decision is incorrect, the Commissioner may vary or reverse the decision.

S. 23(2) amended by No. 84/2008 s. 18.

(2) A decision cannot be varied or reversed under this section more than 5 years after it was made unless, at the time the decision was made, all the facts and circumstances affecting whether a first home owner grant was payable to the applicant in respect of whom the decision was made were not fully and truly disclosed to the Commissioner.

24 Computer-based decisions

The Commissioner may direct that a decision in relation to an application for, or payment of, a first home owner grant is to be made by the operation of a computer program approved by the Commissioner.

25 Notification of decision

(1) When the Commissioner decides an application (or decides to vary or reverse an earlier decision on an application) the Commissioner must give the applicant notice of the decision.

(2) If the decision is to authorise the payment of a first home owner grant without conditions, the payment of the grant is sufficient notice of the decision.

(3) If the decision is to refuse an application, or to vary or reverse an earlier decision on an application, or to impose conditions on the payment of the grant, the Commissioner must state in the notice the reasons for the decision.

Division 6—Objections and reviews

26 Objections

S. 26(1) substituted by No. 84/2008 s. 19(1).

(1) An applicant (or former applicant) who is dissatisfied with any of the following decisions of the Commissioner may lodge a written objection with the Commissioner—

(a) a decision on the application (including a decision to reverse or vary an earlier decision);

(b) a decision to require the applicant (or former applicant) to pay a penalty imposed under section 48.

(2) The grounds for the objection must be stated fully and in detail, and must be in writing.

(3) On an objection, the objector has the onus of proving the objector's case.

(4) The objection must be lodged with the Commissioner within 60 days after the date of the notice of decision.

S. 26(5) amended by No. 84/2008 s. 19(2).

(5) If the Commissioner is satisfied that the applicant (or former applicant) has a reasonable excuse for failing to lodge the objection within the 60-day period, the Commissioner may extend the time for lodging the objection.

(6) An objection is taken to have been lodged with the Commissioner when it is received by the Commissioner.

27 Determination of objection

(1) The Commissioner must consider an objection and either allow the objection in whole or in part or disallow the objection.

(2) The Commissioner may determine an objection that is subject to a right of review at any time before the hearing of the review proceedings commences.

(3) The Commissioner must give notice in writing to the objector of the determination of the objection.

(4) The Commissioner must, in the notice, give the reasons for disallowing an objection or for allowing an objection in part only.

28 Suspension of determination

(1) The Commissioner may suspend the determination of an objection for any period during which the objector, or another person having information relevant to the objection, fails to provide information relevant to the objection that the Commissioner has requested under this Act.

(2) The Commissioner must give the objector written notice of the suspension and the suspension takes effect on service of the notice.

29 Review

(1) If—

(a) an objector is dissatisfied with the Commissioner's determination of the objection; or

(b) 90 days (not including any period of suspension under section 28) have passed since the objection was received by the Commissioner and the Commissioner has not determined the objection—

the objector, in writing, may request the Commissioner to refer the matter to the Tribunal.

(2) The objector's request—

(a) in the circumstances referred to in subsection (1)(a), must be made within 60 days after the date of service on the objector of the notice of the Commissioner's determination of the objection; or

(b) in the circumstances referred to in subsection (1)(b), may be made at any time after the 90‑day period (not including any period of suspension under section 28).

(3) Subject to section 30, within 60 days after the request, the Commissioner must refer the matter to the Tribunal for review.

30 Request for further and better particulars

(1) Within 30 days after receiving a request to refer a matter for review, the Commissioner may require the objector to give further and better particulars of the objection.

(2) If, within 30 days after giving the notice—

(a) particulars are given, the Commissioner is not bound to refer the matter for review until 30 days after the Commissioner has received full details of the objection; or

(b) particulars are not given, the Commissioner must not refer the matter for review.

31 Grounds of review

On a review—

(a) the objector's case is limited to the grounds of the objection; and

(b) the Commissioner's case is limited to the grounds on which the objection was disallowed—

unless the Tribunal otherwise orders.

32 Onus on review

On a review, the objector has the onus of proving the objector's case.

33 Referral to Tribunal

(1) The Tribunal must review a matter referred to it and, subject to subsection (2), may confirm or vary the decision on the application for a first home owner grant.

(2) If the objector does not appear before the Tribunal, the Tribunal must confirm the decision. However, if good cause is shown, the Tribunal, within the time prescribed by the regulations, may re-open and review the matter.

34 Giving effect to decision on review

(1) Within 60 days after the decision on review becomes final, the Commissioner must take any action that is necessary to give effect to it.

(2) If no appeal to a court from a decision of the Tribunal on a review is instituted within 30 days after the day on which the decision is made, the decision is to be taken, for the purposes of this section, to have become final at the end of that period.

Pt 2A (Heading and ss 34A−34H) inserted by No. 22/2021 s. 13.

Part 2A—Home buyer schemes

S. 34A inserted by No. 22/2021 s. 13.

34A Definition

In this Part—

home buyer scheme means a scheme declared by the Treasurer under section 34B to be a home buyer scheme for the purposes of this Part.

S. 34B inserted by No. 22/2021 s. 13.

34B Declaration of home buyer scheme

(1) The Treasurer, by notice published in the Government Gazette, may declare a scheme to be a home buyer scheme for the purposes of this Part.

(2) A scheme that is declared under subsection (1) to be a home buyer scheme must be a scheme under which—

(a) a person who is acquiring a home or vacant land on which a home is to be constructed may enter into an agreement with the State; and

(b) in accordance with the terms of the agreement, the State contributes to the acquisition of the home or land; and

(c) the State takes an interest in the home or land or in the sale proceeds of the home or land.

(3) A declaration under subsection (1) may specify matters in relation to the scope and administration of the home buyer scheme, including the following—

(a) eligibility requirements for participants in the scheme;

(b) matters relating to type of home or vacant land that may be purchased under the scheme;

(c) terms of agreements entered into under the scheme;

(d) the enforcement of agreements entered into under the scheme;

(e) record keeping requirements;

(f) evidentiary requirements;

(g) conditions of agreements entered into with third parties for the purposes of the administration of the scheme;

(h) any other relevant matter.

S. 34C inserted by No. 22/2021 s. 13.

34C Schemes in operation before commencement of Part

(1) For the avoidance of doubt, the Treasurer may make a declaration under section 34B in respect of a scheme that is in operation before the date of commencement of this Part.

(2) A declaration referred to in subsection (1) may specify matters in relation to any of the following—

(a) the transfer or assignment of any benefits, duties, interests, rights or obligations of a party to a contract, memorandum of understanding, deed or any other agreement or arrangement entered into under the existing scheme;

(b) the date on which a transfer or assignment is to take effect.

(3) If, under a declaration, the benefits, duties, interests, rights or obligations of a party to an agreement or arrangement (the transferor party) are transferred or assigned to a new party (the transferee party)—

(a) the transferee party becomes, on the transfer date, a party to the agreement or arrangement in place of the transferor party; and

(b) on and after the transfer date, the agreement or arrangement has effect as if the transferee party had always been a party to the agreement or arrangement.

S. 34D inserted by No. 22/2021 s. 13.

34D Commissioner to administer home buyer schemes

(1) The Commissioner must administer a home buyer scheme on behalf of the State and may do all things necessary or convenient to be done in connection with the performance of that function.

(2) Without limiting subsection (1), the Commissioner may do any of the following on behalf of the State—

(a) receive applications to participate in a home buyer scheme;

(b) assess eligibility of home buyer scheme applicants;

(c) determine applications to participate in a home buyer scheme;

(d) enter into any contract, memorandum of understanding, deed or any other agreement or arrangement for the purposes of administering a home buyer scheme.

S. 34E inserted by No. 22/2021 s. 13.

34E Administration agreement

(1) The Commissioner may enter into an agreement (an administration agreement) with a financial institution or other person for carrying out functions related to the administration of a home buyer scheme.

(2) An administration agreement must include—

(a) any conditions specified in a declaration made under section 34B; and

(b) any conditions prescribed by the regulations.

S. 34F inserted by No. 22/2021 s. 13.

34F Collection of information

(1) The Commissioner may collect information and documents for the purposes of the administration of a home buyer scheme.

(2) Without limiting subsection (1), the Commissioner may obtain information from any of the following—

(a) any person who applies to participate, or who is a participant, in a home buyer scheme;

(b) financial institutions.

S. 34G inserted by No. 22/2021 s. 13.

34G Disclosure of information

(1) The Commissioner may disclose information and documents obtained under this Part for the purposes of the administration of a home buyer scheme.

(2) Without limiting subsection (1), the Commissioner may disclose information to financial institutions.

S. 34H inserted by No. 22/2021 s. 13.

34H Division 2 of Part 3 does not apply

Division 2 of Part 3 does not apply to this Part.

Part 3—Administration

Division 1—Administration generally

35 Administration

The Commissioner has the general administration of this Act and the regulations.

36 Authorised officers

(1) The Commissioner is an authorised officer for the purposes of this Act.

(2) Persons who are appointed as authorised officers under the Taxation Administration Act 1997 are authorised officers for the purposes of this Act.

37 Delegation

The Commissioner, by instrument, may delegate any function or power of the Commissioner, other than this power of delegation, to any person employed or engaged in the administration or enforcement of this Act or another law under the general administration of the Commissioner.

38 Administration agreement

(1) The Commissioner may enter into an agreement (an administration agreement) with a financial institution or other person for carrying out functions related to the administration of the first home owner grant scheme.

(2) An administration agreement must include any conditions prescribed by the regulations.

(3) A financial institution or other person that undertakes to carry out administrative functions under an administration agreement must not contravene a prescribed condition of the agreement.

1. 120 penalty units.

(4) The Commissioner may terminate an administration agreement at any time.

Division 2—Investigations

39 Authorised investigations

An authorised investigation is an investigation to determine—

(a) whether an application under this Act or a corresponding law for a first home owner grant has been properly made; or

S. 39(b) amended by No. 22/2021 s. 14(a).

(b) whether an objection to a decision made under this Act or a corresponding law in relation to a first home owner grant should be allowed in whole or in part or disallowed; or

(c) whether an applicant to whom, or for whose benefit, a first home owner grant has been paid under this Act or a corresponding law was eligible for the grant; or

(d) whether a condition on which a first home owner grant has been paid under this Act or a corresponding law has been complied with; or

S. 39(e) amended by No. 22/2021 s. 14(b).

(e) any other matter reasonably related to the administration or enforcement of this Act (other than Part 2A) or a corresponding law.

40 Cross-border investigation

(1) The Commissioner may, at the request of an authority responsible for administering a corresponding law, carry out an authorised investigation for the purposes of the corresponding law.

(2) The Commissioner may delegate powers of investigation under this Division to the authority responsible for the administration of a corresponding law, or an appropriately qualified officer or employee of that authority nominated by it.

41 Power of investigation

(1) For the purposes of an authorised investigation, the Commissioner may, by written notice, require a person—

(a) to give the Commissioner written information specified in the notice; or

(b) to attend at a specified time and place before the Commissioner or an authorised officer to answer questions relevant to the investigation; or

(c) to produce a document to the Commissioner at a specified time and place.

(2) The Commissioner may require information or evidence that is not given orally to be provided in the form of, or verified by, a statutory declaration.

S. 41(3) amended by No. 6/2018 s. 68(Sch. 2 item 55.1).

(3) The Commissioner may require evidence that is given orally to be given on oath or by affirmation and for that purpose the Commissioner or an authorised officer may administer an oath or affirmation.

(4) The person to whom the notice is given must comply with the notice within the period specified in the notice or any extended period allowed by the Commissioner.

1. 60 penalty units in the case of a natural person;

120 penalty units in the case of a body corporate.

42 Powers of entry and inspection

(1) An authorised officer may, for the purposes of an authorised investigation, exercise any of the following powers—

(a) inspect premises and any thing found at the premises;

(b) require a person to produce a document relevant to the investigation for inspection and (if necessary) to operate a computer or other device in which information is stored to produce a document in understandable form;

(c) retain a document for inspection, to make a copy of it, or to take extracts from it;

(d) require a person to answer questions relevant to the investigation;

(e) require a person to give the authorised officer other assistance that may be reasonable in the circumstances to carry out the authorised investigation.

(2) An authorised officer may enter premises for the purposes of an authorised investigation—

(a) with the consent of the occupier; or

(b) on the authority of a warrant issued under section 43.

(3) An occupier who consents in writing to entry and inspection of his or her premises under this section must be given a copy of the signed consent immediately.

(4) An authorised officer may not exercise any powers under this section if the authorised officer fails to produce, on request, his or her identity card issued under the Taxation Administration Act 1997 for inspection by the occupier of the premises.

(5) An authorised officer may be accompanied by any assistants the authorised officer reasonably requires to carry out an authorised investigation.

(6) A person must not—

(a) hinder or obstruct an authorised officer who is carrying out an authorised investigation or a person assisting the authorised officer; or

(b) use abusive, threatening or insulting language to an authorised officer who is carrying out an authorised investigation or a person assisting an authorised officer; or

(c) refuse or fail, without reasonable excuse, to comply with a requirement made by an authorised officer in the exercise of powers conferred by this section; or

(d) answer a question put by an authorised officer under this section knowing that the answer is false or misleading.

1. 60 penalty units in the case of a natural person;

120 penalty units in the case of a body corporate.

43 Search warrant

S. 43(1) amended by No. 22/2021 s. 15.

(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the authorised officer believes on reasonable grounds that there is, or may be within the next 72 hours, on the premises a particular thing that may be relevant to the administration or execution of this Act (other than Part 2A).

S. 43(2) amended by Nos 6/2018 s. 68(Sch. 2 item 55.2), 22/2021 s. 15.

(2) If a magistrate is satisfied by the evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on the premises a particular thing that may be relevant to the administration or execution of this Act (other than Part 2A), the magistrate may issue a search warrant authorising an authorised officer named in the warrant and any assistants the authorised officer considers necessary—

(a) to enter the premises, or the part of premises, named or described in the warrant; and

(b) to search for and seize, or secure against interference, a thing named or described in the warrant; and

(c) if reasonably necessary for the purposes referred to in paragraph (b), to break open any receptacle in or on the premises.

(3) In addition to any other requirement, a search warrant issued under this section must state—

(a) the premises to be searched; and

(b) a description of the thing for which the search is to be made; and

(c) any conditions to which the warrant is subject; and

(d) whether entry is authorised to be made at any time or during stated hours; and

(e) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.

(5) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

44 Announcement before entry

(1) Before executing a search warrant, the authorised officer named in the warrant or a person assisting the authorised officer must announce that he or she is authorised by the warrant to enter the premises and give any person at the premises an opportunity to allow entry to the premises.

(2) The authorised officer or a person assisting the authorised officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure—

(a) the safety of any person; or

(b) that the effective execution of the search warrant is not frustrated.

45 Copy of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed, the authorised officer must—

(a) identify himself or herself to that person by producing his or her identity card issued under the Taxation Administration Act 1997 for inspection by that person; and

(b) give to that person a copy of the execution copy of the warrant.

46 Self-incrimination

S. 46(1) amended by No. 22/2021 s. 16.

(1) A person is not excused from answering a question, providing information or producing a document or thing, when required to do so under this Act (other than Part 2A), on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

(2) However, if the person objects to answering the question, providing the information or producing the document or thing on that ground, the answer, information, document or thing is not admissible against the person in any criminal proceedings other than—

(a) proceedings for an offence against this Act; or

(b) proceedings for an offence in the nature of perjury.

S. 46A inserted by No. 46/2004 s. 19.

46A Temporary grant for certain home owners who are not otherwise eligible for grant

(1) The Treasurer, on the advice of the Commissioner, may pay an amount that is the lesser of $5000 or the consideration paid for the purchase to a person who—

(a) purchases land under a contract for sale made on or after 1 May 2004 and before 1 July 2005; and

(b) but for section 63A of the Duties Act 2000, would be entitled to an exemption, concession or refund under section 62 or 63 of that Act in respect of the transfer of the land to the person; and

(c) is not eligible for a first home owner grant in respect of the purchase of the land.

(2) The Consolidated Fund is appropriated to the necessary extent for the purposes of subsection (1).

S. 46B inserted by No. 46/2004 s. 19.

46B Commissioner may require information

(1) For the purpose of determining whether to advise the Treasurer to make a payment to a person under section 46A, the Commissioner may require the person—

(a) to give the Commissioner any information required by the Commissioner; or

(b) to produce to the Commissioner any document required by the Commissioner.

(2) A person must not give any information or produce any document under subsection (1) that is false or misleading in a material particular.

(3) A person is not guilty of an offence against subsection (2) if the court hearing the charge is satisfied that the person did not know that the information or document was false or misleading.

Part 4—Miscellaneous

Pt 4 Div. 1 (Heading) inserted by No. 40/2016 s. 15(1).

Division 1—Offences

S. 47 substituted by No. 28/2011 s. 31.

47 False and misleading information

(1) A person must not, in or in connection with an application for a first home owner grant—

(a) give information that is false or misleading; or

(b) make a statement that is false or misleading; or

(c) produce a document that is false or misleading.

Penalty: Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum) or both.

(2) A person is not guilty of an offence against subsection (1) if the court hearing the charge is satisfied that the person did not know that the information, statement or document was false or misleading.

(3) A person must not, in or in connection with an application for a first home owner grant—

(a) omit information about any matter or thing, without which the application is, to the person's knowledge, false or misleading in a material particular; or

(b) omit from a statement any matter or thing, without which the statement is, to the person's knowledge, false or misleading in a material particular; or

(c) fail to produce a document, without which the application is, to the person's knowledge, false or misleading in a material particular.

Penalty: Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum) or both.

Pt 4 Div. 2 (Heading) inserted by No. 40/2016 s. 15(2).

Division 2—Recovery

48 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 an applicant's dishonesty, 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.

S. 48(4) inserted by No. 113/2003 s. 22.

(4) An amount or penalty under this section is payable by the date specified in the notice.

S. 48(5) inserted by No. 113/2003 s. 22.

(5) An applicant (or former applicant) is liable to pay interest on any unpaid—

(a) amount that is required to be repaid to the Commissioner under subsection (1); or

(b) penalty imposed under subsection (2) or (3)—

calculated on a daily basis from the end of the last day for payment until the day it is paid at the interest rate from time to time applying under Division 1 of Part 5 of the Taxation Administration Act 1997.

S. 48(6) inserted by No. 113/2003 s. 22.

(6) The Commissioner, in such circumstances as the Commissioner considers appropriate, may remit interest payable by an applicant (or former applicant) under this section by any amount.

49 Power to recover amount paid in error etc.

(1) This section applies to the following amounts—

S. 49(1)(a) amended by No. 40/2016 s. 14(1).

(a) an amount that an 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;

S. 49(1)(b) amended by No. 40/2016 s. 14(1).

(b) an amount of a penalty imposed on an applicant for a first home owner grant.

(2) An applicant for a first home owner grant is liable to pay an amount to which this section applies to the Commissioner and, if there are 2 or more applicants, the liability is joint and several.

S. 49(3) amended by No. 113/2003 s. 23.

(3) If an applicant who is liable to pay an amount to which this section applies has an interest in the home for which the first home owner grant was sought, the liability is a first charge on the land to which the home is affixed.

(4) The Commissioner may recover an amount to which this section applies as a debt due to the State.

(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 write off the whole or part of a liability outstanding under this section if satisfied that action, or further action, to recover the amount outstanding is impracticable or unwarranted.

S. 49(7) inserted by No. 40/2016 s. 14(2).

(7) In this section—

applicant includes a former applicant.

S. 49A inserted by No. 113/2003 s. 24.

49A Registering charge on land

(1) If, under section 49(3), there is a first charge on land, the Commissioner may deposit with the Registrar of Titles a certificate signed by the Commissioner stating that—

(a) the amount stated in the certificate is owing in relation to the charge on the land; and

(b) there is a charge on the land under section 49(3).

(2) The Registrar of Titles must make a recording in the Register of the certificate referred to in subsection (1).

(3) The Commissioner must, as soon as practicable after payment of the amount to which section 49 applies, deposit with the Registrar of Titles—

(a) a request to make a recording in the Register of the discharge of the charge; and

(b) a certificate signed by the Commissioner stating that the amount owing in relation to the charge on the land has been paid.

(4) The Registrar of Titles must make a recording in the Register of the discharge of the charge.

(5) The Commissioner may, by written notice, require an applicant (or former applicant) for a first home owner grant who holds a relevant interest in relation to which there is a charge, to pay the amount of any fees paid by the Commissioner for the recording, or discharge, of the charge.

(6) An amount required to be paid under subsection (5) must be paid by the applicant (or former applicant) within 28 days after the date on which the notice is given to the applicant (or former applicant).

S. 49B inserted by No. 40/2016 s. 16.

49B Recovery from third parties—Lessees, mortgagees and occupiers

(1) If an applicant is liable to pay a grant amount, the Commissioner may require a lessee, mortgagee or occupier of any specified property to pay the grant amount or any part of the grant amount that is payable but remains unpaid.

(2) The Commissioner cannot require a lessee or occupier—

(a) to pay an amount under this section that is greater than the amount of rent the lessee or occupier is required to pay the applicant; or

(b) to pay an amount under this section before the day on which the lessee or occupier is required to pay rent to the applicant.

(3) Subsection (2) does not apply to a lessee or occupier who is a relative of the applicant.

(4) The Commissioner's requirement is to be made by notice in writing.

(5) A copy of the notice must be served on the applicant.

(6) The amount must be paid to the Commissioner on receipt of the notice or by the date specified in the notice, whichever is the later.

(7) In this section—

applicant includes a former applicant;

grant amount means an amount to which section 49 applies and includes a judgment debt and costs in respect of that amount;

relative has the same meaning as in the Land Tax Act 2005;

specified property means—

(a) a home in respect of which the applicant has received a first home owner grant; or

(b) land in which the applicant has an interest described in section 5(2)(a) to (h), other than an interest that section 5(3)(a) to (c) provides is not a relevant interest.

S. 49C inserted by No. 40/2016 s. 16.

49C Consequences when person pays an amount under section 49B

(1) A person who pays an amount under section 49B is entitled to recover that amount from the applicant as a debt, or to set off the amount against any money owing to the applicant.

(2) If a lessee or occupier pays an amount under section 49B—

(a) the amount is taken to have been paid to the Commissioner by the applicant; and

(b) the lessee or occupier is taken to have paid an equal amount of rent to the applicant under the lease or agreement or under any applicable tenancy law.

(3) If a mortgagee pays an amount under section 49B, the amount is taken to be secured by the mortgage in addition to any other amount secured by it.

(4) In this section—

applicant includes a former applicant.

S. 49D inserted by No. 40/2016 s. 16.

49D Recovery from other third parties

(1) Subject to subsection (2), if an applicant is liable to pay a grant amount, the Commissioner may require any of the following persons instead of the applicant to pay the grant amount or any part of the grant amount that remains unpaid—

(a) a person by whom any money is due or accruing or may become due to the applicant;

(b) a person who holds or may subsequently hold money for or on account of the applicant;

(c) a person who holds or may subsequently hold money on account of some other person for payment to the applicant;

(d) a person having authority from some other persons to pay money to the applicant.

(2) The Commissioner must not recover under this section—

(a) an amount of rent a lessee or occupier is required to pay the applicant; or

(b) an amount a mortgagee is required to pay the applicant under a mortgage.

Note

Under section 49B, the Commissioner may recover from lessees and occupiers rent owed to applicants and amounts mortgagees are required to pay applicants.

(3) The Commissioner's requirement is to be made by notice in writing.

(4) A copy of the notice must be served on the applicant.

(5) The amount of money required to be paid to the Commissioner under this section is—

(a) if the amount of money held or due or authorised to be paid does not exceed the grant amount, all of the money; or

(b) if the amount of the money exceeds the grant amount, sufficient money to pay the grant amount.

(6) The money must be paid to the Commissioner on receipt of the notice, or when the money is held by the person, or after such period (if any) as may be specified by the Commissioner, whichever is the later.

(7) If, after a person is given a notice under this section by the Commissioner, the whole or a part of the grant amount is paid by another person, the Commissioner must promptly notify the person to whom the notice is given of the payment and the notice is taken to be amended accordingly.

(8) In this section—

applicant includes a former applicant;

grant amount means an amount to which section 49 applies and includes a judgment debt and costs in respect of that amount.

S. 49E inserted by No. 40/2016 s. 16.

49E Indemnification of other third party

A person who makes a payment in accordance with section 49D is taken to be acting under the authority of the applicant (or former applicant) and of all other persons concerned and is indemnified by this section in respect of the payment.

S. 49F inserted by No. 40/2016 s. 16.

49F Service of certain documents by the Commissioner

(1) A document authorised or required to be served on or given to a person by the Commissioner in relation to the recovery of an amount to which section 49 applies, may be served on or given to the person—

(a) personally; or

(b) by leaving it at the last address of the person known to the Commissioner; or

(c) by post addressed to the person at the last address of the person known to the Commissioner; or

(d) by a means indicated by the person as being an available means of service (such as by facsimile or other electronic transmission or by delivering it, addressed to the person, to the facilities of a document exchange); or

(e) by any means provided for the service of the document by another Act or law.

(2) To avoid doubt, this section applies to the service of any court process in proceedings to recover any amount under this Act.

(3) If a person (the agent) has actual or apparent authority to accept service of a document on behalf of another, the Commissioner may, for the purposes of this Act, serve the document on the agent as if the agent were that other person.

S. 49G inserted by No. 40/2016 s. 16.

49G When is service effective?

(1) If the Commissioner serves or gives a person a document in relation to the recovery of an amount to which section 49 applies, the document must be taken, unless the contrary is proved, to have been served on or given to the person by the Commissioner—

(a) in the case of delivery in person, at the time the document is delivered;

(b) in the case of a facsimile or other electronic transmission, at the time the facsimile or transmission is received.

S. 49G(2)(3) repealed by No. 48/2025 s. 29.

Pt 4 Div. 3 (Heading) inserted by No. 40/2016 s. 15(3).

Division 3—Protection of information

50 Protection of confidential information

(1) In this section—

S. 50(1) def. of home buyer scheme inserted by No. 22/2021 s. 17(a).

home buyer scheme has the meaning given by section 34A;

S. 50(1) def. of protected information amended by No. 27/2001 s. 3(Sch. 1 item 3.7), substituted by No. 22/2021 s. 17(b).

protected information means information obtained under or in relation to the administration of this Act about—

(a) an applicant for a first home owner grant or an applicant's partner; or

(b) a person in connection with a home buyer scheme.

(2) A person is subject to a duty of confidentiality if—

(a) the person is, or has been, engaged in the administration or enforcement 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 the administration or enforcement of this Act.

(3) A person who is subject to a duty of confidentiality must not disclose protected information except as permitted by subsection (4).

(4) 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

(b) in connection with the administration or enforcement of—

(i) this Act or a corresponding law; or

(ii) a taxation law; or

S. 50(4)(c) amended by No. 84/2008 s. 20.

(c) for the purposes of legal proceedings arising out of this Act, a corresponding law or a taxation law, or a report of those proceedings; or

S. 50(4)(ca) inserted by No. 71/2004 s. 29.

(ca) to the following in connection with an investigation or prosecution carried out in the course of their duty—

S. 50(4)(ca)(i) substituted by No. 37/2014 s. 10(Sch. item 64).

(i) a police officer within the meaning of the Victoria Police Act 2013; or

(ii) a member of the Australian Federal Police; or

(iii) the Director of Consumer Affairs Victoria; or

S. 50(4)(ca)(iv) substituted by No. 40/2022 s. 55.

(iv) Homes Victoria; or

S. 50(4)(ca)(v) inserted by No. 41/2013 s. 42, substituted by No. 17/2014 s. 160(Sch. 2 item 43).

(v) the Victorian Legal Services Board; or

S. 50(4)(ca)(vi) inserted by No. 41/2013 s. 42, substituted by No. 17/2014 s. 160(Sch. 2 item 43).

(vi) the Victorian Legal Services Commissioner; or

S. 50(4)(ca)(vii) inserted by No. 40/2016 s. 17.

(vii) the Ombudsman; or

S. 50(4)(cb) inserted by No. 40/2014 s. 12.

(cb) to the following persons—

(i) the Chief Executive Centrelink for the purposes of administering the social security law within the meaning of the Social Security Act 1991 of the Commonwealth or any regulations made under that law; or

Note

See section 23(17) of the Social Security Act 1991 of the Commonwealth.

(ii) the Child Support Registrar for the purposes of administering the Child Support (Registration and Collection) Act 1988 of the Commonwealth or the Child Support (Assessment) Act 1989 of the Commonwealth or any regulations made under those Acts; or

(iii) the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or

(iv) a member of the Foreign Investment Review Board for the purposes of briefing the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or

(v) the Secretary of the Department of the Treasury of the Commonwealth for the purposes of briefing the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or

(vi) the IBAC Commissioner for the purposes of administering the Independent Broad-based Anti-corruption Commission Act 2011 or any regulations made under that Act; or

S. 50(4) (cb)(vii) inserted by No. 10/2025 s. 15.

(vii) the Chief Executive Officer of Housing Australia for the purposes of confirming that an applicant or participant in a Help to Buy arrangement is not an applicant or participant in a home buyer scheme within the meaning of Part 2A; or

(d) as authorised under the regulations.

(5) For the purposes of the Freedom of Information Act 1982, protected information is information of a kind to which section 38 of that Act applies.

S. 50A inserted by No. 84/2008 s. 21.

50A Prohibition on secondary disclosures of information

(1) A person must not disclose any protected information obtained in accordance with section 50(4) unless—

(a) the disclosure is made to enable the person to exercise a function conferred on the person by law for the purpose of the enforcement of a law or protecting the public revenue; and

(b) the Commissioner consents to the disclosure.

(2) For the purposes of the Freedom of Information Act 1982, information referred to in subsection (1) is information of a kind to which section 38 of that Act applies.

S. 50B inserted by No. 84/2008 s. 21.

50B Further restrictions on disclosure

A person, who is (or has been) engaged in the administration or enforcement of this Act, is not required to disclose or produce in any court any information obtained under or in relation to the administration or enforcement of this Act, except—

(a) if it is necessary to do so for the purposes of the administration or enforcement of this Act; or

(b) if the requirement is made for the purposes of enabling a person who is specified for the time being to be an authorised recipient to exercise a function conferred or imposed on the person by law.

Pt 4 Div. 4 (Heading) inserted by No. 40/2016 s. 15(4).

Division 4—Other

51 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.

52 Time for commencing prosecution

A prosecution for an offence against this Act may be commenced at any time within 3 years after the alleged commission of the offence.

53 Appropriation of Consolidated Fund

If the Commissioner is required to pay an amount under this Act, the amount is to be paid from the Consolidated Fund which is appropriated by this section to the necessary extent.

54 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or that is necessary to be prescribed to give effect to this Act.

(2) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.

Pt 5 (Heading and s. 55) repealed by No. 28/2007 s. 3(Sch. item 27).

Sch. 1 inserted by No. 31/2008 s. 16.

Schedule 1—Municipal councils in regional Victoria

Section 18(8)

| Alpine Shire Council | Macedon Ranges Shire Council | | Ararat Rural City Council | Mansfield Shire Council | | Ballarat City Council | Mildura Rural City Council | | Bass Coast Shire Council | Mitchell Shire Council | | Baw Baw Shire Council | Moira Shire Council | | Benalla Rural City Council | Moorabool Shire Council | | Buloke Shire Council | Mount Alexander Shire Council | | Campaspe Shire Council | Moyne Shire Council | | Central Goldfields Shire Council | Murrindindi Shire Council | | Colac Otway Shire Council | Northern Grampians Shire Council | | Corangamite Shire Council | Pyrenees Shire Council | | East Gippsland Shire Council | Borough of Queenscliffe | | Gannawarra Shire Council | South Gippsland Shire Council | | Glenelg Shire Council | Southern Grampians Shire Council | | Golden Plains Shire Council | Strathbogie Shire Council | | Greater Bendigo City Council | Surf Coast Shire Council | | Greater Geelong City Council | Swan Hill Rural City Council | | Greater Shepparton City Council | Towong Shire Council | | Hepburn Shire Council | Wangaratta Rural City Council | | Hindmarsh Shire Council | Warrnambool City Council | | Horsham Rural City Council | Wellington Shire Council | | Indigo Shire Council | West Wimmera Shire Council | | Latrobe City Council | Wodonga City Council | | Loddon Shire Council | Yarriambiack Shire Council |

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 2 March 2000

Legislative Council: 22 March 2000

The long title for the Bill for this Act was "to encourage and assist home ownership, and to offset the effect of the GST on home ownership, by establishing a scheme for the payment of grants to first home owners, and for other purposes."

The First Home Owner Grant Act 2000 was assented to on 11 April 2000 and came into operation on 1 July 2000: section 2.

The title of this Act was changed from the First Home Owner Grant Act 2000 to the First Home Owner Grant and Home Buyer Schemes Act 2000 by section 11 of the State Taxation and Mental Health Acts Amendment Act 2021, No. 22/2021.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the First Home Owner Grant and Home Buyer Schemes Act 2000 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

State Taxation Acts (Miscellaneous Amendments) Act 2000, No. 42/2000

| Assent Date: | 6.6.00 | | Commencement Date: | S. 8 on 7.6.00: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts (Further Miscellaneous Amendments) Act 2001, No. 10/2001

| Assent Date: | 8.5.01 | | Commencement Date: | S. 3 on 1.7.00: s. 2(2); s. 4 on 8.5.01: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

| Assent Date: | 12.6.01 | | Commencement Date: | S. 3(Sch. 1 item 3) on 23.8.01: Government Gazette 23.8.01 p. 1927 | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts (Further Miscellaneous Amendments) Act 2003, No. 113/2003

| Assent Date: | 9.12.03 | | Commencement Date: | Ss 22–24 on 10.12.03: s. 2(1); ss 13–21 on 1.1.04: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts (Tax Reform) Act 2004, No. 46/2004

| Assent Date: | 16.6.04 | | Commencement Date: | Ss 18, 19 on 1.5.04: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts (Amendment) Act 2004, No. 71/2004

| Assent Date: | 19.10.04 | | Commencement Date: | S. 29 on 20.10.04: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts (General Amendment) Act 2005, No. 36/2005

| Assent Date: | 28.6.05 | | Commencement Date: | S. 23 on 1.7.05: s. 2(7) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation (Reductions and Concessions) Act 2006, No. 38/2006

| Assent Date: | 20.6.06 | | Commencement Date: | S. 7 on 21.6.06: s. 2 | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Legislation Amendment (Housing Affordability) Act 2006, No. 86/2006

| Assent Date: | 22.12.06 | | Commencement Date: | S. 6 on 22.12.06: s. 2 | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

Statute Law Revision Act 2007, No. 28/2007

| Assent Date: | 26.6.07 | | Commencement Date: | S. 3(Sch. item 27) on 27.6.07: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

Relationships Act 2008, No. 12/2008

| Assent Date: | 15.4.08 | | Commencement Date: | S. 73(1)(Sch. 1 item 24) on 1.12.08: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts Amendment Act 2008, No. 31/2008

| Assent Date: | 17.6.08 | | Commencement Date: | Ss 15, 16 on 6.5.08: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts Further Amendment Act 2008, No. 84/2008

| Assent Date: | 11.12.08 | | Commencement Date: | Ss 14–16 on 14.10.08: s. 2(2); ss 17–21 on 12.12.08: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

| Assent Date: | 10.2.09 | | Commencement Date: | S. 37(Sch. 1 item 14) on 1.12.09: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts Amendment Act 2009, No. 37/2009

| Assent Date: | 30.6.09 | | Commencement Date: | Ss 12, 13 on 1.7.09: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts Further Amendment Act 2009, No. 83/2009

| Assent Date: | 8.12.09 | | Commencement Date: | S. 3 on 1.1.10: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts Amendment Act 2010, No. 36/2010

| Assent Date: | 15.6.10 | | Commencement Date: | S. 11 on 1.7.10: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts Amendment Act 2011, No. 28/2011

| Assent Date: | 21.6.11 | | Commencement Date: | Ss 30, 31 on 22.6.11: s. 2(1); s. 32 on 1.7.11: s. 2(3) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Tax Laws Amendment (Budget and Other Measures) Act 2013, No. 41/2013

| Assent Date: | 28.6.13 | | Commencement Date: | Ss 37–42 on 1.7.13: s. 2(4) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

Legal Profession Uniform Law Application Act 2014, No. 17/2014

| Assent Date: | 25.3.14 | | Commencement Date: | S. 160(Sch. 2 item 43) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

| Assent Date: | 3.6.14 | | Commencement Date: | S. 10(Sch. item 64) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014, No. 40/2014

| Assent Date: | 17.6.14 | | Commencement Date: | Ss 11, 12 on 18.6.14: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation and Other Acts Amendment Act 2016, No. 40/2016

| Assent Date: | 28.6.16 | | Commencement Date: | Ss 14–17 on 29.6.16: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts Amendment Act 2017, No. 28/2017

| Assent Date: | 27.6.17 | | Commencement Date: | Ss 48, 49 on 28.6.17: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

Oaths and Affirmations Act 2018, No. 6/2018

| Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 55) on 1.3.19: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

Guardianship and Administration Act 2019, No. 13/2019

| Assent Date: | 4.6.19 | | Commencement Date: | S. 221(Sch. 1 item 16) on 1.3.20: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts Further Amendment Act 2019, No. 46/2019

| Assent Date: | 19.11.19 | | Commencement Date: | S. 28 on 20.11.19: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts Amendment (Relief Measures) Act 2020, No. 14/2020

| Assent Date: | 28.4.20 | | Commencement Date: | S. 6 on 29.4.20: s. 2 | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts Amendment Act 2020, No. 47/2020

| Assent Date: | 15.12.20 | | Commencement Date: | Ss 29, 30 on 16.12.20: s. 2 | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation and Mental Health Acts Amendment Act 2021, No. 22/2021

| Assent Date: | 16.6.21 | | Commencement Date: | Ss 11–17 on 1.7.21: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, No. 40/2022

| Assent Date: | 6.9.22 | | Commencement Date: | S. 55 on 7.9.22: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts and Other Acts Amendment Act 2023, No. 38/2023

| Assent Date: | 12.12.23 | | Commencement Date: | S. 13 on 13.12.23: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Further Amendment Act 2024, No. 50/2024

| Assent Date: | 3.12.24 | | Commencement Date: | Ss 34–36 on 4.12.24: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

Help to Buy (Commonwealth Powers) Act 2025, No. 10/2025

| Assent Date: | 8.4.25 | | Commencement Date: | Ss 14, 15 on 25.6.25: Special Gazette (No. 322) 24.6.25 p. 1 | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Acts Amendment Act 2025, No. 24/2025

| Assent Date: | 24.6.25 | | Commencement Date: | Ss 13–15 on 25.6.25: s. 2(1) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

State Taxation Further Amendment Act 2025, No. 48/2025

| Assent Date: | 25.11.25 | | Commencement Date: | Ss 27–29 on 26.11.25: s. 2(2) | | Current State: | This information relates only to the provision/s amending the First Home Owner Grant and Home Buyer Schemes Act 2000 |

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3 Explanatory details

No entries at date of publication.