20Payment in anticipation of compliance with residence requirement

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.