CTHRepealedAct
First Home Owners Act 1983
17Assistance not payable unless certain conditions satisfied
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##### 17 Assistance not payable unless certain conditions satisfied
(1) Assistance shall not be paid in respect of a dwelling in relation to which paragraph 14(1)(c) applies unless the dwelling has been completed or the Secretary is satisfied that substantial progress on the construction:
(a) has been made; or
(b) is likely to be made within a reasonable time.
(2) Assistance shall not be paid in respect of a dwelling unless the Secretary is satisfied that the applicant has or will have, or the applicants have or will have, adequate financial resources (including resources obtained or to be obtained by borrowing) to perform in relation to the dwelling the contract referred to in paragraph 14(1)(a) or (b), or to complete the construction referred to in paragraph 14(1)(c), as the case may be.
(3) Subsection (2) does not apply in relation to a contract for the purchase of a dwelling, being a contract that provides for the payment of the whole or part of the purchase price by instalments, if the Secretary is satisfied that it would be unreasonable for that subsection to apply having regard to all the circumstances.
(4) Assistance shall not be paid to a sole applicant or to joint applicants unless the sole applicant or at least one of the joint applicants has had his or her principal place of residence in Australia during the period of 12 months immediately preceding his or her prescribed date and is:
(a) an Australian citizen; or
(b) a person who is, within the meaning of the Migration Act 1958, the holder of a valid permanent entry permit; or
(c) a person who has been granted, or who is included in, a return endorsement or a resident return visa in force under the Migration Act 1958; or
(d) a person who is, for the purposes of the Migration Act 1958, an exempt non‑citizen, being a person who the Secretary is satisfied is likely to remain permanently in Australia.