24Repayment of grants

24 Repayment of grants

(1) This section applies where a grant under this Act has been paid to an eligible person in respect of a dwelling‑house the purchase of which had not been completed, or the construction of which had not been completed, at the time when the application for the grant was made. (1A) Where: (a) in the case of a dwelling‑house the purchase of which had not been completed at the time when the application for the grant was made: (i) the purchase of the dwelling‑house is not completed within three months after the date specified in the application for the grant as the date on which it was expected that the purchase would be completed or, if no date was so specified, within three months after the date of payment of the grant; or (ii) the contract for the purchase of the dwelling‑house is discharged otherwise than by performance of the contract; or (b) in the case of a dwelling‑house the construction of which had not been completed at the time when the application for the grant was made: (i) the construction of the dwelling‑house is not completed within six months after the date specified in the application for the grant as the date on which it was expected that the construction would be completed or, if no date was so specified, within six months after the date of payment of the grant; (ii) if the dwelling‑house was being, or was to be, constructed by a building‑contractor—the contract for the construction of the dwelling‑house is discharged otherwise than by performance of the contract; or (iii) the eligible person or his or her spouse does not become the owner, or the eligible person and his or her spouse do not become the owners, of the land on which the dwelling‑house was being, or was to be, constructed before the expiration of twelve months after the prescribed date; the eligible person and his or her spouse shall forthwith notify the Secretary in writing of that fact.

Penalty: One hundred dollars.

(1B) Subsection (1A) is an offence of strict liability. (2) Upon the occurrence of any of the circumstances referred to in paragraph (a) or (b) of the last preceding subsection, the Secretary may require the eligible person or his or her spouse or both of those persons, by notice in writing served by post on the person or persons at the last known address or addresses of the person or persons, 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 person, or jointly or severally from the persons, as a debt due to the Commonwealth.