58Repayments of grants in certain circumstances

58 Repayments of grants in certain circumstances

(1) This section applies where a grant has been paid in respect of a dwelling whose purchase or construction had not been completed on the date on which the application for the grant was made. (2) Where: (a) in the case of a dwelling the purchase of which had not been completed on the date on which the application for the grant was made: (i) the purchase of the dwelling is not completed within 3 months after the date specified in the application as the date on which it was expected that the purchase would be completed or, if no date was so specified, within 3 months after the date of payment of the grant; or (ii) the contract for the purchase of the dwelling is discharged otherwise than by performance of the contract; or (b) in the case of a dwelling the construction of which had not been completed on the date on which the application for the grant was made: (i) the construction of the dwelling is not completed within 6 months after the date specified in the application as the date on which it was expected that the construction would be completed or, if no date was so specified, within 6 months after the date of payment of the grant; (ii) if the dwelling was being, or was to be, constructed by a building‑contractor—the contract for the construction of the dwelling is discharged otherwise than by performance of the contract; or (iii) before the expiration of 12 months after the prescribed date, the applicant, in the case of a sole applicant, does not become the owner, or none of the applicants, in the case of joint applicants, becomes the owner, of the dwelling; and the Secretary is not forthwith notified in writing of the fact, then the sole applicant, or each of the joint applicants, as the case may be, is guilty of an offence punishable, upon conviction, by a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both. (2A) Subsection (2) is an offence of strict liability. (3) Upon the occurrence of any of the circumstances referred to in paragraph (2)(a) or (b), the Secretary may require the sole applicant or each of the joint applicants, as the case may be, by notice in writing served by post on the applicant, or each of the applicants, as the case may be, at the address of the applicant last known to the Secretary, to pay to the Commonwealth an amount equal to the amount of the grant and, in that case, the amount so payable is recoverable by the Commonwealth in a court of competent jurisdiction from the applicant, or jointly or severally from the applicants, as a debt due to the Commonwealth. (4) The reference in subsection (3) to each joint applicant shall be read as not including a reference to a joint applicant who died before the payment of the grant. (5) The Commonwealth is not, by virtue of subsection (3), entitled to recover from the persons referred to in that subsection amounts that, in the aggregate, exceed the total amount of the debt due to the Commonwealth.