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\[16\].