46Power to recover certain amounts

46 Power to recover certain amounts

46 Power to recover certain amounts

(1) This section applies to the following amounts—

(a) an amount required to be repaid under the conditions of a first home owner grant or shared equity scheme or by the Chief Commissioner under this Act, by—

(i) an applicant or former applicant for a first home owner grant, or

(ii) a participant or former participant in a shared equity scheme,

(b) the amount of a penalty imposed on and payable by—

(i) an applicant or former applicant for a first home owner grant, or

(ii) a participant or former participant in a shared equity scheme,

(c) the amount a person is required to repay under section 45.

(2) An amount to which this section applies is payable to the Chief Commissioner.

(2A) If the amount is payable by more than 1 person, each person is jointly and severally liable to pay the amount.

(3) The liability of a person to pay an amount to which this section applies is—

(a) a first charge on the person’s interest in a home if—

(i) the home is one for which a first home owner grant was obtained, and

(ii) the person was an applicant for the grant, and

(iii) the person is liable to pay an amount referred to in subsection (1)(a) or (b), or

(b) a charge on the person’s interest in property if—

(i) the property is the subject of a shared equity arrangement under a shared equity scheme, and

(ii) the person is a participant in the scheme, and

(iii) the person is liable to pay an amount referred to in subsection (1)(a) or (b).

(3A) The charge created by subsection (3) gives the Chief Commissioner an interest in the land and, accordingly, the Chief Commissioner may lodge a caveat in respect of the land under the Real Property Act 1900 to protect that interest.