CTHRepealedAct
First Home Owners Act 1983
4Interpretation
Start here
Get a plain-English read of 4
Turn the raw legal text into a practical explanation grounded in First Home Owners Act 1983.
##### 4 Interpretation
(1) In this Act, unless the contrary intention appears:
> amount of the prescribed earnings, in relation to a sole applicant or joint applicants, means the amount of the prescribed earnings of the applicant or applicants as defined in section 19.
> applicant means a person who, in accordance with subsection 15(2), signs, or is deemed by virtue of a direction under subsection 15(3) to have signed, an application, other than a person in respect of whom a direction under section 5 is in force in relation to that application.
> application means an application under section 15.
> approved interest means:
(a) an estate in fee simple;
(b) an interest as purchaser of an estate in fee simple from the Crown in right of a State or of the Northern Territory where payment of the purchase price is to be made by instalments over a period of years;
(c) an estate for life approved by the Secretary for the purposes of this Act;
(d) a lease for a term of years of which more than 15 years are unexpired when the lease is acquired, being a lease that is registered in an official register, kept under the law of a State or internal Territory, in which dealings in land are registered;
(e) a licence or right of occupancy from the Crown in right of the Commonwealth, of a State or of the Northern Territory if the Secretary is satisfied that the licence or right of occupancy gives reasonable security of tenure to the licensee or holder of the right;
(f) an interest of the kind referred to in section 11; or
(g) any other interest declared by the regulations to be an approved interest for the purposes of this Act.
> assistance means financial assistance under this Act.
> joint applicant means any one of 2 or more persons who are applicants in respect of the same application.
> lease includes sub‑lease.
> officer means a person exercising powers, or performing duties or functions, under or in relation to this Act.
> prescribed Act means the Homes Savings Grant Act 1964, the Homes Savings Grant Act 1976 or the Home Deposit Assistance Act 1982.
> prescribed date, in relation to a sole applicant who has, or joint applicants one of whom has, or 2 or more of whom together have:
(a) entered into a contract of a kind referred to in paragraph 14(1)(a) or (b); or
(b) commenced the construction of a dwelling as referred to in paragraph 14(1)(c) (whether or not the construction has been completed);
means:
(c) where paragraph (a) applies—the date of the contract or, if a date has been determined under subsection 14(7), that date; or
(d) where paragraph (b) applies—the date on which the construction commenced.
> prescribed person, in relation to a dwelling, means a person who is a prescribed person in relation to that dwelling by virtue of subsection 14(1), other than a person in respect of whom a direction under section 5 is in force in relation to that dwelling.
> rural property means land used wholly or substantially for carrying on the business of primary production.
> sole applicant means an applicant other than a joint applicant.
(2) A dwelling shall not be taken to be a dwelling for the purposes of this Act unless the Secretary is satisfied that:
(a) the facilities it provides are such that it is reasonable to regard it as the principal place of residence of a person or persons; and
(b) if any building standards are applicable to it—it complies with those standards.