6Exclusion of non-cohabiting spouse

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.