First Home Owner Grant (Miscellaneous) Amendment Act 2004 (SA)

South Australia

First Home Owner Grant (Miscellaneous) Amendment Act 2004

An Act to amend the First Home Owner Grant Act 2000.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the First Home Owner Grant (Miscellaneous) Amendment Act 2004.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of First Home Owner Grant Act 2000

4—Amendment of section 3—Definitions

Section 3, definition of residence requirement—delete "within 12 months after the completion of the eligible transaction or a longer period approved by the Commissioner" and substitute:

for a continuous period of at least 6 months (or a shorter period approved by the Commissioner), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner)

5—Amendment of section 8A—Criterion 1A—Applicant to be at least 18 years of age

Section 8A(2)(a)—delete "within 12 months after completion of the eligible transaction or a longer period approved by the Commissioner" and substitute:

for a continuous period of at least 6 months (or a shorter period approved by the Commissioner), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner)

6—Amendment of section 10—Criterion 3—Applicant (or applicant's spouse) must not have received an earlier grant

Section 10(2)—delete subsection (2) and substitute:

1. (2)

   However, an applicant is not ineligible if—

   1. (a)

      the grant was later paid back; and

   2. (b)

      the basis for the repayment of the grant was a failure to comply with the residence requirement or any conditions on which the grant was made; and

   3. (c)

      any penalty amount payable under section 39(3) in relation to repayment of the earlier grant has been paid.

7—Amendment of section 11—Criterion 4—Applicant (or applicant's spouse) must not have had relevant interest in residential property

Section 11(3)(b)—after "residence" insert:

for a continuous period of at least six months

8—Amendment of section 12—Criterion 5—Residence requirement

Section 12(1)—delete "within 12 months after the completion of the eligible transaction or a longer period approved by the Commissioner" and substitute:

for a continuous period of at least 6 months (or a shorter period approved by the Commissioner), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner)

9—Amendment of section 20—Payment in anticipation of compliance with residence requirement

Section 20(1)—delete ", but has not yet complied with the residence requirement, intends to occupy the home as his or her principal place of residence within 12 months after completion of the eligible transaction or a longer period allowed by the Commissioner" and substitute:

with the residence requirement, intends to so comply

10—Amendment of section 22—Death of applicant

Section 22(3)—delete subsection (3) and substitute:

1. (3)

   If a deceased applicant for a first home owner grant had not, by the date of death, complied with the residence requirement but the Commissioner is satisfied that he or she intended to do so, the residence requirement is satisfied.

11—Amendment of section 38—False or misleading statements

1. (1)

   Section 38(2)—after "make a" insert:

   false or

2. (2)

   Section 38(2), penalty provision—delete the penalty provision and substitute:

   Maximum penalty: $5 000.

12—Amendment of section 39—Power to require repayment and impose penalty.

Section 39(2)—delete "an applicant's dishonesty" and substitute:

the making of a false or misleading statement by an applicant

13—Amendment of section 43—Time for commencing prosecution

Section 43—delete "2 years" and substitute:

3 years

Schedule 1—Transitional provision

1—Application of amendments

An amendment to the First Home Owner Grant Act 2000 effected by a provision of this Act only applies in relation to an application under that Act if—

1. (a)

   in the case of an amendment effected by section 11, 12, or 13—the application is made after the commencement of the provision; or

2. (b)

   in any other case—the application is made in respect of an eligible transaction with a commencement date (within the meaning of that Act) occurring after the commencement of that provision.