14Persons who, subject to section 15, may apply

14 Persons who, subject to section 15, may apply

(1) Where, on or after 1 October 1983, a person (in this section referred to as the home acquirer) has, or 2 or more persons (in this section referred to as the home acquirers) together have:

(a) entered into a contract for the purchase of a dwelling situated in Australia;

(b) entered into a contract for the construction by a building‑contractor of a dwelling on land situated in Australia, being a dwelling that the Secretary is satisfied will be owned:

(i) by the home acquirer or by any of the home acquirers, as the case may be;

(ii) by a person who, on the date of the contract, was the spouse of the home acquirer or of any of the home acquirers, as the case may be; or

(iii) jointly by 2 or more persons, each of whom is a person to whom subparagraph (i) or (ii) applies;

other than a dwelling the construction of which was commenced before 1 October 1983; or

(c) commenced the construction, otherwise than through a building‑contractor, of a dwelling on land situated in Australia, being a dwelling that the Secretary is satisfied will be owned:

(i) by the home acquirer or by any of the home acquirers, as the case may be;

(ii) by a person who, on the date on which the construction commenced, was the spouse of the home acquirer or of any of the home acquirers, as the case may be; or

(iii) jointly by 2 or more persons, each of whom is a person to whom subparagraph (i) or (ii) applies;

and the Secretary is satisfied that the home acquirer is or will be, or the home acquirers are or will be, as the case may be, entitled to an exclusive right of occupancy of the dwelling, then, subject to section 5:

(d) the home acquirer or each of the home acquirers, as the case may be; and

(e) any person who, on the date of the contract, or the date on which construction commenced, as the case may be, was the spouse of the home acquirer or of any of the home acquirers, as the case may be;

is, for the purposes of this Act, a prescribed person in relation to the dwelling. (2) Where a person is a prescribed person in relation to a dwelling and:

(a) the Secretary is satisfied that neither a grant under a prescribed Act nor a payment of assistance under this Act has been made to the prescribed person, either alone or jointly with another person; and

(b) before the date of the contract, or the date on which construction commenced, as the case may be, the prescribed person:

(i) had not owned a dwelling in Australia; and

(ii) had not been a party to a contract (other than a contract that was discharged, otherwise than by performance of the contract, before the expiration of 12 months after it was entered into) for the purchase of a dwelling in Australia, being a contract that provided for payment of the whole or part of the purchase price by instalments;