First Home Owner Grant Amendment Act 2003 (WA)

Western Australia

First Home Owner Grant Amendment Act 2003

Western Australia

First Home Owner Grant Amendment Act 2003

CONTENTS

1.	Short title	1
2.	Commencement	2
3.	The Act amended	2
4.	Section 12 amended	2
5.	Section 14B amended	3
6.	Section 19 amended	6
7.	Section 21 amended	6
8.	Section 26 amended	7
9.	Section 52 amended	7
10.	Saving of right to object	7

Western Australia

First Home Owner Grant Amendment Act 2003

No. 13 of 2003

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

[Assented to 17 April 2003]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the First Home Owner Grant

Amendment Act 2003.

First Home Owner Grant Amendment Act 2003

s. 2

2.             Commencement

(1)

Subject to subsections (2) and (3), this Act comes into operation

on the day on which it receives the Royal Assent.

(2)

Section 5 (except section 5(5)) and section 6 are to be taken to

have come into operation on 9 October 2001.

(3)

Section 5(5) 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, and Act No. 14 of 2001.]

4.             Section 12 amended

Section 12(3) is repealed and the following subsection is

inserted instead —

“

(3)

An applicant is also ineligible if, before the

commencement date of the eligible transaction to

which the application relates, the applicant or the

applicant’s spouse —

(a)

held a relevant interest in residential property in the State or an interest in residential property in another State or a Territory that is a relevant

interest under the corresponding law of that

State or Territory; and

(b)

occupied the property as a place of residence.

”.

First Home Owner Grant Amendment Act 2003

s. 5

5.             Section 14B amended

(1) Section 14B(1) is amended as follows:

(a) by deleting “ “special eligible transaction” ” and inserting instead —

“ “class 1 eligible transaction” ”;

(b) by deleting “31 December 2001” and inserting instead —

“ 8 October 2001 ”.

(2) After section 14B(1) the following subsections are inserted —

“

(1a)

A “class 2 eligible transaction” is an eligible

transaction the commencement date of which is not

before 9 October 2001 and not after 31 December 2001

that is —

(a)	a contract for the purchase of a new home or a substantially renovated home;
(b)	a comprehensive home building contract for a new home if —

(i)

26 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 18 months after it begins or, if the contract does not provide for a

completion date for the building work, it

is completed within 18 months after it

begins;

or

First Home Owner Grant Amendment Act 2003

s. 5

(c)

the building of a new home by an owner builder 1 January 2004.

(1b)

A “class 3 eligible transaction” is an eligible

transaction the commencement date of which is not

before 1 January 2002 and not after 30 June 2002 that

is —

(a)	a contract for the purchase of a new home or a substantially renovated home;
(b)	a comprehensive home building contract for a new home if —

(i)

26 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 18 months after it begins or, if the

contract does not provide for a completion date for the building work, it is completed within 18 months after it begins;

or

(c)

the building of a new home by an owner builder 1 July 2004.

”.

(3)

Section 14B(2) is amended after “subsection (1),” by

inserting —

“ (1a) or (1b), ”.

First Home Owner Grant Amendment Act 2003

s. 5

(4) Section 14B(3) is amended as follows:

(a) after “subsection (1)(a)” by inserting —

“ , (1a)(a) or (1b)(a) ”;

(b) by deleting “1 May 2003” and inserting instead —

“ the relevant date ”;

(c) by deleting “that date.” and inserting instead —

“ the relevant date. ”.

(5)

Section 14B(5) is amended by deleting paragraph (a) and “and”

after it and inserting instead —

“

(a) begins on —

(i)      the date when laying the foundations for the home begins; or

(ii) another date the Commissioner

considers appropriate in the

circumstances of the case;

and

”.

(6) After section 14B(5) the following subsection is inserted —

“

(6)	In this section —
“relevant date” means —

(a)	in relation to a class 1 eligible transaction — 1 May 2003;
(b)	in relation to a class 2 eligible transaction — 1 January 2004; or
(c)	in relation to a class 3 eligible transaction — 1 July 2004;

“special eligible transaction” means a class 1, class 2

or class 3 eligible transaction.

”.

First Home Owner Grant Amendment Act 2003

s. 6

6.             Section 19 amended

(1)

Section 19(2)(b) is deleted and the following paragraph is

inserted instead —

“ (b) the relevant amount. ”.

(2)

After section 19(2) the following subsection is inserted —

“

(3)	In subsection (2) —
“relevant amount” means —

(a)	in the case of a class 1 or class 2 eligible transaction within the meaning of section 14B — $14 000; or
(b)	in the case of a class 3 eligible transaction within the meaning of section 14B — $10 000.

”.

7.             Section 21 amended

Section 21(5) is repealed and the following subsections are

inserted instead —

“

(5)

If an applicant does not pay the amount of a first home owner grant required to be repaid under subsection (2) within the period mentioned in that subsection, the

Commissioner may, by written notice, impose a penalty of not more than the amount the applicant is required to pay.

(6)

Subject to section 52, the amount of a penalty imposed

under subsection (5) must be paid by the applicant

within 28 days after the date on which notice of the

penalty is given to the applicant.

”.

First Home Owner Grant Amendment Act 2003

s. 8

8.             Section 26 amended

Section 26 is amended after “section” in paragraph (c) of the

definition of “decision on the application” by inserting —

“ 21 or ”.

9.             Section 52 amended

Section 52(1)(a) is amended after “section” by inserting —

“ 21 or ”.

10.           Saving of right to object

(1) Section 28 (the “relevant section”) 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)	a class 1 eligible transaction, but only to the extent that the objection referred to in the relevant section relates to a date referred to in section 14B(5)(a) of that Act;
(b)	a class 2 eligible transaction, but only to the extent that the objection referred to in the relevant section relates to —

(i)      a period referred to in section 14B(1a)(b) of that Act; or

(ii)      a date referred to in section 14B(5)(a) of that Act;

or

(c) a class 3 eligible transaction,

First Home Owner Grant Amendment Act 2003

s. 10

as if subsection (1) of the relevant 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 2003 received the Royal Assent.

”.

(2)	In subsection (1) —
“class 1 eligible transaction”, “class 2 eligible transaction”, “class 3 eligible transaction”, “eligible transaction” and “first home owner grant” each has the same meaning as it has in the First Home Owner Grant Act 2000;
“First Home Owner Grant Act 2000” means that Act as

amended by this Act.