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](/view/html/inforce/current/act-1900-025) to protect that interest. > > > (3AA) Once the caveat is recorded in the Register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), the charge has priority over all other encumbrances except land tax under the [Land Tax Management Act 1956](/view/html/inforce/current/act-1956-026). > > > (3B) The caveat must be withdrawn when the amount that the applicant is liable to pay has been paid. > > > (4) (Repealed) > > > (5) The Chief Commissioner may recover an amount to which this section applies as a debt due to the Crown. > > > (5A) An amount to which this section applies is a referable debt within the meaning of the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011). > > > (6) The Chief Commissioner may enter into an arrangement (which may include provision for the payment of interest) for payment of a liability outstanding under this section by instalments. > > > (7) The Chief Commissioner may write off the whole or part of a liability outstanding under this section if satisfied that action, or further action, to recover the amount outstanding is impracticable or unwarranted. > > > (8) The provisions of this section have effect despite anything contained in section 42 of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025). > > **s 46:** Am 2009 No 51, Sch 3 \[19\]; 2011 No 50, Sch 2 \[1\]–\[3\]; 2022 No 63, Sch 2\[17\]–\[19\].