First Home Owner Grant Regulations 2021 (Vic)

Version No. 001

First Home Owner Grant Regulations 2021

S.R. No. 31/2021

Version as at

18 April 2021

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

6Recognition of relevant interest in land

7Certain persons exempted from joining in applications

8Time for VCAT to re-open and review matter

9Authorised disclosure of protected information

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

First Home Owner Grant Regulations 2021

S.R. No. 31/2021

Version as at

18 April 2021

1Objectives

The objectives of these Regulations are—

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

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

(d)to 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.

3Commencement

These Regulations come into operation on 18 April 2021.

4Revocation

The First Home Owner Grant Regulations 2011[1] are revoked.

5Definitions

In these Regulations—

housing co-operative means a non-distributing co-operative registered as a co-operative under the Co-operatives National Law (Victoria);

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 Act means the First Home Owner Grant Act 2000.

6Recognition 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.

7Certain persons exempted from joining in applications

If an interest is recognised under regulation 6 as a relevant interest, the owner of land referred to in regulation 6(b) is excluded from the application of section 15 of the Act.

Note

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

8Time 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 VCAT.

9Authorised 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.

═════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The First Home Owner Grant Regulations 2021, S.R. No. 31/2021 were made on 13 April 2021 by the Governor in Council under section 54 of the First Home Owner Grant Act 2000, No. 5/2000 and came into operation on 18 April 2021: regulation 3.

The First Home Owner Grant Regulations 2021 will sunset 10 years after the day of making on 13 April 2031 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the First Home Owner Grant Regulations 2021 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4: S.R. No. 25/2011.