CTHRepealedAct
First Home Owners Act 1983
12Trusts etc.
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##### 12 Trusts etc.
(1) Where:
(a) a person holds an interest in land, or in a dwelling, in trust for any other person or persons (in this subsection referred to as the beneficiary or beneficiaries, as the case may be); or
(b) a person has, alone or together with any other person or persons, entered into a contract for the purchase of land or a dwelling, and an interest in the land or dwelling is to be held by the first‑mentioned person in trust for any other person or persons (in this subsection also referred to as the beneficiary or the beneficiaries, as the case may be), not being any of the persons who so entered into the contract;
and the Secretary is satisfied that the beneficiary or beneficiaries will become the owner or co‑owners of the interest referred to in paragraph (a) or (b), as the case may be, the beneficiary or beneficiaries shall, for the purposes of this Act, be deemed to be the owner or co‑owners of the interest referred to in paragraph (a) or to have entered into the contract for the purchase of the land or dwelling, as the case may be.
(2) Where:
(a) a person has, alone or together with any other person or persons, entered into a contract for the construction by a building‑contractor of a dwelling, and the Secretary is satisfied that an interest in the dwelling will be held by the person as trustee for any other person or persons (in this subsection referred to as the beneficiary or the beneficiaries, as the case may be), not being any of the persons who so entered into the contract; or
(b) a person has, alone or together with any other person or persons, at the request of any other person or persons, entered into a contract, otherwise than as an agent of the person or persons who made the request, for the construction by a building‑contractor of a dwelling, and the Secretary is satisfied that an interest in the dwelling will be owned by the person or persons who made the request;
the beneficiary or beneficiaries, or the person or persons who made the request, as the case may be, shall, for the purposes of this Act, be deemed to have entered into the contract.
(3) A person deemed by virtue of this section to have entered into a contract is not deemed to have done so to the exclusion of any person who actually entered into the contract.
(4) Section 9 has effect in relation to paragraph (1)(b) of this section as if there were omitted from subsection 9(2) the words “, otherwise than as trustee,”.