First Home Owner Grant Regulations 2011 (Vic)

Version No. 001

First Home Owner Grant Regulations 2011

S.R. No. 25/2011

Version as at

19 April 2011

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Revocation

4Definitions

5Recognition of relevant interest in land

6Certain persons exempted from joining in applications

7Time for VCAT to re-open and review matter

8Authorised disclosure of protected information

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

First Home Owner Grant Regulations 2011

S.R. No. 25/2011

Version as at

19 April 2011

1Objectives

The objectives of these Regulations are to—

(a)provide that certain interests are recognised as a relevant interest in land for the purposes of section 5(4) of the First Home Owner Grant Act 2000; and

(b)exempt certain owners of land from having to join in a first home owner grant application; and

(c)provide for the time within which the Victorian Civil and Administrative Tribunal may re-open and review a matter when an objector is in default of appearance; and

(d)authorise the disclosure of protected information to certain members of the New Zealand police force.

2Authorising provision

These Regulations are made under section 54 of the First Home Owner Grant Act 2000.

3Revocation

The following Regulations are revoked—

(a)the First Home Owner Grant Regulations 2001[1];

(b)the First Home Owner Grant Amendment Regulations 2010[2].

4Definitions

In these Regulations—

housing co-operative means a non-trading co‑operative registered as a co-operative under the Co-operatives Act 1996;

member of the New Zealand police force means a person who is a Police employee within the meaning of the Policing Act 2008 of New Zealand;

the Actmeans the First Home Owner Grant Act 2000.

5Recognition of relevant interest in land

For the purposes of section 5(4) of the Act, a person has a relevant interest in land that is owned by another person if—

(a)the person has—

(i)entered into a comprehensive home building contract for the building of a home on that land; or

(ii)as an owner builder, commenced building a home on that land; or

(iii)acquired a share in, or entered into a sale agreement with, a housing co‑operative that owns the land on which the person’s home is built; and

(b)the owner of the land has granted to the person a licence of exclusive occupancy of the home or right of exclusive occupancy of the home; and

(c)the home contains, or on completion will contain, its own kitchen, bathroom and sanitary facilities.

6Certain persons exempted from joining in applications

If an interest is recognised under regulation 5 as a relevant interest, the owner of land referred to in regulation 5(b) is excluded from the application of section 15 of the Act.

Note

The effect of this regulation is that the landowner referred to is not required to join in an application for the first home owner grant.

7Time for VCAT to re-open and review matter

The time prescribed for the purposes of section 33(2) of the Act is the period of 6 weeks commencing on the day on which the decision is confirmed by the Tribunal.

8Authorised disclosure of protected information

For the purposes of section 50(4)(d) of the Act, protected information is authorised to be disclosed to a member of the New Zealand police force who is also employed at the New Zealand Police National Intelligence Centre (by whatever name known), in connection with an investigation or prosecution carried out in the course of the member's duty.

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ENDNOTES

1.     General Information

The First Home Owner Grant Regulations 2011, S.R. No. 25/2011 were made on 19 April 2011 by the Governor in Council under section 54 of the First Home Owner Grant Act 2000, No. 5/2000 and came into operation on 19 April 2011.

The First Home Owner Grant Regulations 2011 will sunset 10 years after the day of making on 19 April 2021 (see section 5 of the Subordinate Legislation Act 1994).

2.     Table of Amendments

There are no amendments made to the First Home Owner Grant Regulations 2011 by statutory rules, subordinate instruments and Acts.

3.     Explanatory Details

[1] Reg. 3(a): S.R. No. 37/2001 as amended by S.R. No. 138/2010.

[2] Reg. 3(b): S.R. No. 138/2010.