First Home Owner Grant Amendment Act 2013 (ACT)

Case

First Home Owner Grant Amendment Act 2013

A2013-34

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Criterion 5—Residence requirementsSection 12 (1)  2

5            New section 12B  2

6            Meaning of eligible transaction etcSection 13 (1)  3

7           New section 13 (2) (c)  4

8            Amount of grantSection 18 (b)  4

9            Expiry—div 2.5A etcSection 24H  4

10          New part 10  5

11          Dictionary, new definition of new home  7

12          Dictionary, definition of residence requirements, paragraph (a) (i)           7

First Home Owner Grant Amendment Act 2013

A2013-34

An Act to amend the First Home Owner Grant Act 2000

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the First Home Owner Grant Amendment Act 2013.

  2. Commencement

    This Act commences on 1 September 2013.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the First Home Owner Grant Act 2000.

  4. Criterion 5—Residence requirements
    Section 12 (1)

    omit

    6 months

    substitute

    1 year

  5. New section 12B

    in division 2.3, insert

12BMeaning of new home—div 2.3

(1)For this division, a new home is a home that has not been previously occupied or sold as a place of residence, and includes a substantially renovated home.

(2)For this section:

substantially renovated home means a home that—

(a)has substantial renovations; and

(b)as renovated, has not previously been occupied or sold as a place of residence.

substantial renovations, of a home, means renovations in which all, or a substantial part, of the home is removed or replaced.

Examples—substantial renovations

removal or replacement of foundations, external walls, interior supporting walls, floors, roof or staircases

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  1. Meaning of eligible transaction etc
    Section 13 (1)

    substitute

    (1)An eligible transaction is—

    (a)a contract for the purchase of a new home in the ACT made on or after 1 September 2013; or

    (b)a comprehensive home building contract made on or after 1 September 2013 by the owner of land in the ACT, or a person who will on completion of the contract be the owner of land in the ACT, to have a new home built on the land; or

    (c)the building of a new home in the ACT by an owner-builder if the building work begins on or after 1 September 2013.

  2. New section 13 (2) (c)

    insert

    (c)for a contract made on or after 1 September 2013 that—

    (i)the contract replaces a contract made before 1 September 2013; and

    (ii)the replaced contract was—

    (A)a contract for the purchase of the same home; or

    (B)a comprehensive home building contract to build the same or a substantially similar home.

  3. Amount of grant
    Section 18 (b)

    substitute

    (b)$12 500.

  4. Expiry—div 2.5A etc
    Section 24H

    after

    This division

    insert

    , section 13A (1), note

  5. New part 10

    insert

Part 10Transitional—First Home Owner Grant Amendment Act 2013

  1. Definitions—pt 10

    In this part:

    commencement day means the day the First Home Owner Grant Amendment Act 2013, section 3 commences.

    comprehensive home building contract—see section 13 (7).

    contract for the purchase of a home—see section 13 (7).

    owner-builder—see section 13 (7).

  2. Pre-1 September 2013 transactions

    Part 2 (First home owner grant), as in force immediately before the commencement day, continues to apply in relation to the following transactions:

    (a)a contract for the purchase of a home in the ACT made before the commencement day;

    (b)a comprehensive home building contract made before the commencement day by the owner of land in the ACT, or a person who will on completion of the contract be the owner of land in the ACT, to have a home built on the land;

    (c)the building of a home in the ACT by an owner-builder if the building work began before the commencement day.

  3. Replacement of pre-1 September 2013 contracts

    (1)This section applies to a contract made on or after 1 September 2013 if the commissioner is satisfied that—

    (a)the contract replaces a contract made before 1 September 2013 (the replaced contract); and

    (b)the replaced contract was—

    (i)a contract for the purchase of the same home; or

    (ii)a comprehensive home building contract to build the same or a substantially similar home.

    (2)The contract is taken—

    (a)to have been made on the date the replaced contract was made; and

    (b)to have a commencement date that is the date the replaced contract was made.

    (3)Part 2 (First home owner grant), as in force immediately before the commencement day, is taken to apply to the contract.

    NoteUnder s 13 (2) (c), a contract that replaces a contract made before 1 September 2013 is not an eligible transaction. However, as a result of this transitional provision the contract may still be eligible for the first home owner grant amount that was payable before 1 September 2013.

  4. Transitional regulations

    (1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the First Home Owner Grant Amendment Act 2013.

    (2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

    (3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

  5. Expiry—pt 10

    This part expires 2 years after the day it commences.

    NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

  6. Dictionary, new definition of new home

    insert

    new home, for division 2.3 (Eligible transactions)—see section 12B (1).

  7. Dictionary, definition of residence requirements, paragraph (a) (i)

    omit

    6 months

    substitute

    1 year

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 6 June 2013.

  2. Notification

    Notified under the Legislation Act on 26 August 2013.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the First Home Owner Grant Amendment Bill 2013, which was passed by the Legislative Assembly on 15 August 2013.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2013

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