sec.69ADisqualifying arrangements for first home owner grants

sec.69A Disqualifying arrangements for first home owner grants

A disqualifying arrangement exists in relation to an application for a first home owner grant if— a related person of an applicant for the application provides or will provide financial help to the applicant, directly or indirectly, to help the applicant enter into the eligible transaction to which the application relates; and the related person has used, or will use, the home the subject of the eligible transaction, frequently or otherwise to a significant extent, in addition to any use of the home by the applicant; and the related person would not be eligible for the grant had the related person entered into the eligible transaction; and the commissioner is not satisfied that in the circumstances there are genuine family reasons for the matters mentioned in paragraphs (a) and (b) . Without limiting subsection (1) (a) , any of the following may be taken to be financial help provided by the related person— the related person makes a gift of money or property, whether or not the gift is enough to meet all of the applicant’s obligations under the eligible transaction; the related person makes a contribution towards the cost of— the applicant complying with his or her obligations under the eligible transaction; or maintaining the home the subject of the eligible transaction; the related person makes a loan repayment for the applicant in relation to the eligible transaction; the related person forgives loan repayments otherwise owed by the applicant to the related person. A disqualifying arrangement exists in relation to an application for a first home owner grant if the commissioner is satisfied— there is an arrangement the sole or main purpose of which is to obtain a first home owner grant, rather than acquiring a home; and the application is made for the purposes of the arrangement. For subsection (3) , the commissioner must have regard to the following— the way the eligible transaction was entered into or carried out; the nature of the connection, whether business, family or another connection, between the parties to the eligible transaction; the amount of consideration payable under the eligible transaction; the value of the home the subject of the eligible transaction; the living and family arrangements of the applicant and any related person; the financial circumstances of the applicant; the source of funds used to complete the eligible transaction and meet the costs of owning and maintaining the home the subject of the eligible transaction. Subsection (4) does not limit the matters to which the commissioner may or ought to have regard for subsection (3) . If a disqualifying arrangement exists in relation to an application for a first home owner grant the commissioner may— if the application has not yet been approved—refuse the application; or if the application was approved but the grant has not yet been paid—reverse the decision on the application and refuse to pay the grant; or if the grant has already been paid—reverse the decision on the application and act under section 47 to recover the grant as an error amount, and to recover any penalty amount imposed under the section. The commissioner must give the applicant reasons for taking action under this section. In this section— related person , of an applicant, means— a parent, child, grandparent, sibling, uncle or aunt of the applicant; or the spouse of any person mentioned in paragraph (a) . s 69A ins 2003 No. 90 s 10 amd 2020 No. 30 s 4Q (sec.69A-ssec.1) A disqualifying arrangement exists in relation to an application for a first home owner grant if— a related person of an applicant for the application provides or will provide financial help to the applicant, directly or indirectly, to help the applicant enter into the eligible transaction to which the application relates; and the related person has used, or will use, the home the subject of the eligible transaction, frequently or otherwise to a significant extent, in addition to any use of the home by the applicant; and the related person would not be eligible for the grant had the related person entered into the eligible transaction; and the commissioner is not satisfied that in the circumstances there are genuine family reasons for the matters mentioned in paragraphs (a) and (b) . (sec.69A-ssec.2) Without limiting subsection (1) (a) , any of the following may be taken to be financial help provided by the related person— the related person makes a gift of money or property, whether or not the gift is enough to meet all of the applicant’s obligations under the eligible transaction; the related person makes a contribution towards the cost of— the applicant complying with his or her obligations under the eligible transaction; or maintaining the home the subject of the eligible transaction; the related person makes a loan repayment for the applicant in relation to the eligible transaction; the related person forgives loan repayments otherwise owed by the applicant to the related person. (sec.69A-ssec.3) A disqualifying arrangement exists in relation to an application for a first home owner grant if the commissioner is satisfied— there is an arrangement the sole or main purpose of which is to obtain a first home owner grant, rather than acquiring a home; and the application is made for the purposes of the arrangement. (sec.69A-ssec.4) For subsection (3) , the commissioner must have regard to the following— the way the eligible transaction was entered into or carried out; the nature of the connection, whether business, family or another connection, between the parties to the eligible transaction; the amount of consideration payable under the eligible transaction; the value of the home the subject of the eligible transaction; the living and family arrangements of the applicant and any related person; the financial circumstances of the applicant; the source of funds used to complete the eligible transaction and meet the costs of owning and maintaining the home the subject of the eligible transaction. (sec.69A-ssec.5) Subsection (4) does not limit the matters to which the commissioner may or ought to have regard for subsection (3) . (sec.69A-ssec.6) If a disqualifying arrangement exists in relation to an application for a first home owner grant the commissioner may— if the application has not yet been approved—refuse the application; or if the application was approved but the grant has not yet been paid—reverse the decision on the application and refuse to pay the grant; or if the grant has already been paid—reverse the decision on the application and act under section 47 to recover the grant as an error amount, and to recover any penalty amount imposed under the section. (sec.69A-ssec.7) The commissioner must give the applicant reasons for taking action under this section. (sec.69A-ssec.8) In this section— related person , of an applicant, means— a parent, child, grandparent, sibling, uncle or aunt of the applicant; or the spouse of any person mentioned in paragraph (a) .