45Power to require repayment and impose penalty

45 Power to require repayment and impose penalty

45 Power to require repayment and impose penalty

(1) The Chief Commissioner may, by written notice given to a person, require the person for whom an amount was paid under this Act to repay the amount if—

(a) the amount was paid in error, or

(b) the Chief Commissioner reverses the decision under which the amount was paid for another reason.

(2) The Chief Commissioner may impose a penalty not exceeding the amount the person is required to repay if—

(a) the amount was paid under a first home owner grant as a result of dishonesty by an applicant for the grant, or

(b) the amount was paid under a shared equity scheme as a result of dishonesty by a participant in the scheme, or

(c) the person fails to make a repayment required—

(i) under this section, or

(ii) by the conditions of a first home owner grant.

(3) The penalty may be imposed in the notice under subsection (1) or in a separate written notice given to the person.

(4) The Chief Commissioner may, by written notice given to a participant in a shared equity scheme, impose a penalty of up to $3,300 on the person if the person fails—

(a) to give the Chief Commissioner information the Chief Commissioner reasonably requests from the person for the administration of the scheme, or

(b) to notify the Chief Commissioner of a change in circumstances required to be notified to the Chief Commissioner under the conditions of the person’s participation in the scheme, or

(c) to comply with a condition of a shared equity arrangement under a shared equity scheme and the condition is prescribed by the regulations.

s 45: Subst 2022 No 63, Sch 2[16].