First Home Owner Grant Amendment Act 2001 (WA)

Western Australia

First Home Owner Grant Amendment Act 2001

Western Australia

First Home Owner Grant Amendment Act 2001

CONTENTS

1.	Short title	1
2.	Commencement	2
3.	The Act amended	2
4.	Subdivision heading inserted	2
5.	Part 2 Division 3 Subdivision 2 inserted	2
Subdivision 2 — Special eligible transactions

14A.	Meaning of “new home”	2
14B.	Special eligible transactions	2

6.	Section 19 amended	4
7.	Saving of right to object	5

Western Australia

First Home Owner Grant Amendment Act 2001

No. 14 of 2001

An Act to amend the First Home Owner Grant Act 2000 and for related purposes.

[Assented to 14 August 2001]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the First Home Owner Grant

Amendment Act 2001.

First Home Owner Grant Amendment Act 2001

s. 2

2.             Commencement

This Act is to be taken to have come into operation on

9 March 2001.

3.             The Act amended

The amendments in this Act are to the First Home Owner Grant

Act 2000*.

[* Act No. 16 of 2000.

For subsequent amendments see 2000 Index to Legislation of

Western Australia Table 1, p. 166.]

4.             Subdivision heading inserted

Before section 14 the following Subdivision heading is inserted

in Part 2 Division 3 —

“ Subdivision 1 — Eligible transactions ”.

5.             Part 2 Division 3 Subdivision 2 inserted

After section 14 the following Subdivision is inserted in Part 2

Division 3 —

“

Subdivision 2 — Special eligible transactions

14A.	Meaning of “new home”
In this Subdivision, a “new home” is a home that has not been previously occupied or sold as a place of residence.
14B.	Special eligible transactions

(1)

A “special eligible transaction” is an eligible transaction

the commencement date of which is not before

9 March 2001 and not after 31 December 2001 that is —

(a) a contract for the purchase of a new home or a substantially renovated home;

First Home Owner Grant Amendment Act 2001

s. 5

(b) a comprehensive home building contract for a new home if —

(i)

16 weeks after the commencement date,

or any longer period that the

Commissioner allows for delay caused

the building work begins within the parties; and

(ii)      the contract provides to the effect that the building work must be completed within 12 months after it begins or, if the contract does not provide for a

completion date for the building work, it

is completed within 12 months after it

begins;

or

(c)

the building of a new home by an owner builder 1 May 2003.

(2)

For the purposes of paragraph (a) of subsection (1), a

home is a substantially renovated home if —

(a)	the sale of the home under the contract referred to in that paragraph is, under the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth, a taxable supply as a sale of new residential premises within the meaning of section 40-75(1)(b) of that Act; and
(b)	the home, as so renovated, has not been previously occupied or sold as a place of residence.

(3)

However, an eligible transaction mentioned in

subsection (1)(a) that is a contract to purchase a home

on a proposed lot on a proposed plan of subdivision of

land (including a proposed strata plan or survey-strata

First Home Owner Grant Amendment Act 2001

s. 6

plan within the meaning of the Strata Titles Act 1985)

is a special eligible transaction only if the contract

provides to the effect that the building work must be

completed before 1 May 2003 or, if the contract does

not provide for a completion date for the building

work, it is completed before that date.

(4)

Also, an eligible transaction that is a contract is not a

special eligible transaction if the Commissioner is

satisfied that the contract replaces a contract made

before 9 March 2001 that was a contract to purchase

the same home or a comprehensive home building

contract to build the same or a substantially similar

home.

(5)

For the purposes of this section, building work —

(a)	begins when laying the foundations for the home begins; and
(b)	is completed when the building is ready for occupation as a home.

”.

6.             Section 19 amended

(1)

Section 19 is amended before “The” by inserting the subsection

designation “(1)”.

(2)

At the end of section 19 the following subsection is inserted —

“

(2)

Despite subsection (1), the amount of a first home

owner grant for an eligible transaction that is a special

eligible transaction within the meaning of section 14B

is the lesser of the following —

(a) the consideration for the special eligible transaction;

(b) $14 000.

”.

First Home Owner Grant Amendment Act 2001

s. 7

7.             Saving of right to object

(1)

Section 28 of the First Home Owner Grant Act 2000 applies in

relation to an application for a first home owner grant for an

eligible transaction that is a special eligible transaction as if

subsection (1) of that section were repealed and the following

subsection were inserted instead —

“

(1)

An objection to a decision on the application is to be

lodged within 60 days after the later of —

(a)	the date on which notice of the decision is given to the objector; or
(b)	the day on which the First Home Owner Grant Amendment Act 2001 received the Royal Assent.

”.

(2)	In subsection (1) —
“eligible transaction”, “first home owner grant” and “special

eligible transaction” each has the same meaning as it has in the First Home Owner Grant Act 2000, as amended by this Act.