25Payment in anticipation of compliance with residence requirement

25 Payment in anticipation of compliance with residence requirement

(1)  The Commissioner may authorise payment of a grant under this Act in anticipation of compliance with the residence requirement if the Commissioner is satisfied that each applicant who is required to comply, but has not yet complied, with the residence requirement intends to so occupy the home.

(2)  If a grant is paid under this Act in anticipation of compliance with the residence requirement, the payment is made on the condition that, if the residence requirement is not complied with, the applicant must within 14 days after the relevant date –

(a) give written notice of that fact to the Commissioner; and

(b) repay the amount of the grant.

Penalty:  Fine not exceeding 100 penalty units.

(3)  For the purposes of subsection (2) , the relevant date in respect of an applicant is the earlier of the following:

(a) the end of the period allowed for compliance with the residence requirement;

(b) the date on which it first becomes apparent that the residence requirement will not be complied with during the period allowed for such compliance.

(4)  If a grant is paid under this Act in anticipation of compliance with the residence requirement and an applicant ceases to retain his or her relevant interest in the land before satisfying the residence requirement, the applicant must, within 14 days after ceasing to retain his or her relevant interest –

(a) give written notice of that fact to the Commissioner; and

(b) repay the amount of the grant.

Penalty:  Fine not exceeding 100 penalty units.