12Criterion 5—Residence requirement

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.