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

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.