State Taxation Acts (Further Miscellaneous Amendments) Act 2003 (Vic)

State Taxation Acts (Further Miscellaneous

Amendments) Act 2003

ts	Act No. 113/2003
n
e
m
u	TABLE OF PROVISIONS
c

o	Section	Page
D	PART 1—PRELIMINARY	1

ry	1.	Purpose	1
ta	2.	Commencement	2

n	PART 2—DUTIES ACT 2000	3
e

3. Payment of duty on mortgages associated with debenture issues 3

m	4.	Heading to Part 1 of Chapter 11 inserted	4
ia	5.	Part 2 of Chapter 11 inserted to replace section 250	5
rl	PART 2—CORPORATE RECONSTRUCTIONS	5
a
P	Division 1—Corporate Reconstruction Exemption	5
d	250.	What is a corporate group?	5
n	250A.	What is an eligible transaction?	6
a	250B.	Exemption for certain transactions arising out of
corporate reconstruction	6
n	250C.	Conditions of exemption	7
o	250D.	Revocation of exemption	8

ti	Division 2—Tax Assessment, Penalty and Interest	9
la	250E.	Part 5 of Taxation Administration Act 1997 not
is	applicable 9
g	250F.	Joint and severable liability for duty, penalty and
e	interest 9
L	250G.	Liability for duty 10
250H.	Reassessment of duty 10
n	250I.	Penalty for false or misleading application 10
a
ri	250J.	Penalty for failure to notify 11
250K.	Remission of penalty 11
to	250L.	Interest 11
ic
V

i

Section	Page
PART 3—TAXATION ADMINISTRATION ACT 1997	13

7.	Permitted disclosures to particular persons	13
8.	Grounds for objection in case of reassessment	13

ts

n PART 4—LAND TAX ACT 1958 14

e	9.	Definitions amended	14
m	10.	Retirement village exemption	14
u	11.	Principal place of residence exemption	15
c	12.	Administrative powers	16
o

D	PART 5—FIRST HOME OWNER GRANT ACT 2000	17
ry	Division 1—Eligibility Criteria and Eligible Transactions	17

13. Definition amended 17

ta	14.	When must eligibility criteria be complied with?	17
n	15.	New section 8 substituted	17

e	8.	Criterion 1—Applicant to be a natural person and at
least 18 years of age 17

m	16.	Applicant eligible if previous grant paid back	18
ia	17.	Applicant (or applicant's partner) must not have had relevant
rl	interest in residential property	18
a	18.	New section 12 substituted	19
P	12.	Criterion 5—Residence requirement	19

19. Eligible transactions 19

d	20.	Payment in anticipation of compliance with residence
n	requirement 20
a	21.	Death of applicant 20
n	Division 2—Miscellaneous Amendments	21
o

ti	22.	Interest payable on amount to be repaid and penalty	21
23.	Power to recover amount paid in error etc.	21
la	24.	New section 49A inserted	22
is	49A.	Registering charge on land	22

═══════════════

g

e	ENDNOTES	24
L
n
a
ri
to
ic
V

ii

ts
n
e
m
u

c
o	Victoria
D
ry
ta
n	No. 113 of 2003
e
m
ia	State Taxation Acts (Further
rl	†
a	Miscellaneous Amendments) Act 2003
P

[Assented to 9 December 2003]

d
n
a
n
o

ti	The Parliament of Victoria enacts as follows:
la
is
g	PART 1—PRELIMINARY
e
L	1. Purpose
n	The purpose of this Act is to make further
a
ri	miscellaneous amendments to the Duties Act
2000, the Taxation Administration Act 1997,
to	the Land Tax Act 1958 and the First Home
ic	Owner Grant Act 2000.
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 1—Preliminary

s. 2

2. Commencement

(1) This Act (other than Part 2 and Division 1 of

ts	Part 5) comes into operation on the day after the
n	day on which it receives the Royal Assent.
e	(2) Part 2 (other than section 3) and Division 1 of
m	Part 5 come into operation on 1 January 2004.
u
c	(3) Section 3 is deemed to have come into operation
o	on 16 August 2003.
D	__________________
ry
ta
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 2—Duties Act 2000

s. 3

PART 2—DUTIES ACT 2000

ts	3. Payment of duty on mortgages associated with
n	debenture issues
e	See:

(1) In section 172(1)(b) of the Duties Act 2000, after "mortgage" insert "first executed before

m	Act No.
79/2000.

u	16 August 2003".	Reprint No. 3
c	as at
o	1 July 2003.
LawToday:
D
dpc.vic.
ry	gov.au

ta	(2) In section 172(2) of the Duties Act 2000—
n

e	(a)	in paragraph (a), after "a mortgage" insert
m	"first executed before 16 August 2003";

ia	(b) for paragraph (b) substitute—
rl	"(b) a mortgage first executed before
a
P	16 August 2003 securing in part the repayment of such money is not liable
d	to mortgage duty in respect of advances
n
a	arising from debentures subscribed for before 16 August 2003.".
n
o	(3) After section 172(3) of the Duties Act 2000
ti	insert—
la	"(3A) The obligation to lodge a statutory
is	declaration in accordance with sub-
g	section (3) ceases after July 2003.
e
L	(3B) The corporation and the trustee must lodge
n	with the Commissioner a statutory
a	declaration on or before 1 July 2004 setting
ri	out, in the following categories, the total
to	amount subscribed for in Victoria in respect of the corporation's debentures during the
ic	period commencing on and including 1 July
V	2003 and ending on 15 August 2003 (but not including amounts repayable at call or in less

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 2—Duties Act 2000

s. 4

than 30 days) and to pay duty in the

following amounts—

ts	Money repayable at or	$0.40 for every
n	after the expiration of	$2000, or part
e	not less than 30 days
m	and not more than
u	3 months
c	Money repayable at or	$0.80 for every
o	after the expiration of	$2000, or part
D	not less than 3 months
ry	and not more than
ta	6 months

n	Money repayable at call after a specified
e	period is taken to be money repayable at the
m	expiration of that period.
ia	(3C) A mortgage referred to in sub-section (2)(b)
rl	is taken to be duly stamped for the amount
a	disclosed in a statutory declaration referred
P	to in sub-section (3) or (3B).
d	(3D) Any further advance in respect of
n
a	subscriptions made on or after 16 August 2003 is subject to duty under section 154.".
n
o	4. Heading to Part 1 of Chapter 11 inserted
ti
la	After the heading to Chapter 11 of the Duties Act
is	2000 insert—
g	"PART 1—SECURITY FOR PAYMENT OF
e	TAX".
L
n
a
ri
to
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 2—Duties Act 2000

s. 5

5. Part 2 of Chapter 11 inserted to replace section 250

For section 250 of the Duties Act 2000

ts	substitute—
n
e	'PART 2—CORPORATE RECONSTRUCTIONS
m
u	Division 1—Corporate Reconstruction
c	Exemption
o
D	250. What is a corporate group?
ry	(1) In this Part, if a corporation, either directly
ta	or indirectly—
n	(a) holds at least 90% of the beneficial
e	ownership of another corporation; and
m	(b) has the ability to cast, or to control the
ia	casting of, at least 90% of the
rl	maximum number of votes that may be
a	cast at a general meeting of the other
P	corporation—
d	the corporations constitute a corporate group
n
a	and each is a member of that group.
n	(2) In this Part, if one or more corporations
o	beneficially own in aggregate at least 90% of
ti	a unit trust scheme, the shares and units of
la	which are traded as stapled securities on the
is	Australian Stock Exchange or a recognised
g	stock exchange, the corporations and the unit
e	trust scheme constitute a corporate group and
L	each is a member of that group.
n	(3) Nothing in this Part applies to a corporation
a
ri	to the extent that it is a trustee of a
to	discretionary trust.
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 2—Duties Act 2000

s. 5

250A. What is an eligible transaction?

In this Part—

ts	"eligible transaction" means any of the
n	following that occurs on or after
e	1 January 2004—
m	(a) a transfer of dutiable property
u
c	from one member of a corporate
o	group to another member of the
D	group; or

ry	(b)	a vesting of dutiable property by,
ta	or as a consequence of, a court
order where the property was held
n	by one member of a corporate
e	group and is vested in another
m	member of the group; or
ia
rl	(c)	an application to register a motor
a	vehicle as a result of a transfer of
P	the vehicle from one member of a corporate group to another
d
n	member of the group; or
a	(d)	a dutiable transaction to which
n	section 14 applies between
o
ti	members of a corporate group; or

la (e) a relevant acquisition to which

section 80 applies by a member of

is	a corporate group from another
g	member of the group.
e
L	250B. Exemption for certain transactions arising
n	out of corporate reconstruction
a
ri	(1) A member of a corporate group may apply to

the Commissioner for an exemption under

to	this Part.
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 2—Duties Act 2000

s. 5

(2) The Commissioner must grant an exemption from duty under this Act on an instrument or transfer of dutiable property if the

ts	Commissioner is satisfied that—
n
e	(a) the instrument or transfer is, or arises
m	out of, an eligible transaction; and
u	(b) the eligible transaction does not arise
c	from arrangements or a scheme devised
o	for the principal purpose of taking
D	advantage of the benefit of this section;
ry	and

ta	(c)	the conditions of the exemption, if any,
n	will be met by the applicant.

e	(3) If duty under this Act has been paid on an
m	eligible transaction, the Commissioner must
ia	refund any duty paid that, by reason of the
rl	exemption, is not payable.
a
P	(4) The Minister must, before 31 October in each year, cause to be laid before each House
d
n	of the Parliament a report of exemptions
a	granted and refunds made under this Part in the preceding financial year, including—
n
o	(a) the name of each member of a
ti	corporate group that has had the benefit
la	of an exemption or refund; and
is	(b) the amount of duty that would have
g	been chargeable but for the exemption
e
L	and the amount of any refund.
n	250C. Conditions of exemption
a
ri	(1) An exemption granted under this Part is

subject to any conditions specified by the

to	Commissioner.
ic	(2) If an exemption is granted under this Part,
V	the conditions of the exemption are binding on each member of the corporate group.

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 2—Duties Act 2000

s. 5

250D. Revocation of exemption

(1) The Commissioner may revoke an

ts	exemption granted under this Part if—
n	(a) the members of the corporate group do
e	not remain members of the group for a
m	period of at least 3 years commencing
u	immediately after the day on which the
c	transaction occurred in respect of which
o	the exemption was granted; or
D

(b) the instrument or transfer of dutiable

ry	property is not, or does not arise out of,
ta	an eligible transaction; or
n	(c) a change of circumstances results in the
e	transaction in respect of which the
m	exemption was granted no longer being
ia
rl	an eligible transaction; or
a	(d) the exemption was granted based on
P	false or misleading information in a material particular provided by the
d
n	corporate group to the Commissioner;
a	or
n	(e) the eligible transaction arises from
o	arrangements or a scheme devised for
ti	the principal purpose of taking
la	advantage of the benefit of section
is	250B.
g	(2) Sub-section (1)(a) does not apply if the
e	Commissioner is satisfied that a corporation
L	or unit trust scheme that was a member of
n	the corporate group on the day on which the
a
ri	transaction occurred in respect of which the exemption was granted ceases to be a
to	member of the group by virtue of—
ic	(a) a public float that occurred within
V	12 months after the day on which the transaction occurred; or

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 2—Duties Act 2000

s. 5

(b) its liquidation, deregistration or, in the case of a unit trust scheme, winding up.

ts	(3) In this section—
n	"public float" means a share float or a
e	public unit trust scheme—
m	(a) the shares or units of which are
u
c	quoted on the Australian Stock
o	Exchange or a recognised stock
D	exchange and are offered to the
ry	public generally; and
ta	(b) of which the issue of the shares or

units to the public does not give

n	any person and their related
e	persons a combined beneficial
m	interest in the floated entity
ia
rl	greater than 20%; and
a	(c) that is not part of a scheme for the
P	purpose of minimising duty otherwise payable under this Act.
d
n
a	Division 2—Tax Assessment, Penalty and

Interest

n
o

ti	250E. Part 5 of Taxation Administration Act
la	1997 not applicable
is	If an exemption under this Part is revoked,
g	Part 5 of the Taxation Administration Act
e	1997 does not apply to any tax default
L	occurring as a result of the revocation.
n	250F. Joint and severable liability for duty,
a
ri	penalty and interest
to	If an exemption under this Part is revoked,
each corporation or unit trust scheme that
ic	was a member of the group when the
V	exemption was granted or is a member of the

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 2—Duties Act 2000

s. 5

group when the exemption is revoked, is

jointly and severally liable for payment of—

ts	(a) the duty payable; and
n	(b) any penalty or interest under this
e	Division.
m	250G. Liability for duty
u
c	If an exemption under this Part is revoked—
o
D	(a) liability for duty in relation to the instrument or transfer of dutiable
ry	property arises when the dutiable
ta	transaction occurred; and
n	(b) the duty is payable on or before the day
e	specified by the Commissioner in the
m	notice of reassessment.
ia
rl	250H. Reassessment of duty
a	(1) A reassessment under section 9(3)(c) of the
P	Taxation Administration Act 1997 of duty
d	following a revocation of an exemption
n	under this Part is authorised if more than
a	3 years have passed since the initial
n	assessment was made.
o
ti	(2) A notice of reassessment served following

the revocation of an exemption under this

la	Part must specify any interest or penalty
is	payable in respect of the revocation.
g
e	250I. Penalty for false or misleading application
L	(1) If an exemption in relation to an instrument
n	or transfer of dutiable property was granted
a
ri	based on false or misleading information in a
material particular provided by the corporate
to	group to the Commissioner, the taxpayer is
ic	liable to pay a penalty in addition to the
V	amount of duty unpaid.

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 2—Duties Act 2000

s. 5

(2) The amount of penalty payable under sub- section (1) is 75% of the amount of the duty.

ts	250J. Penalty for failure to notify
n	(1) If a corporate group, within 28 days after a
e	change of circumstance that results in the
m	Commissioner revoking the exemption under
u	this Part, fails to notify the Commissioner in
c	the form of a statutory declaration of that
o	change of circumstance, the taxpayer is
D	liable to pay a penalty in addition to the
ry	amount of duty unpaid.
ta	(2) The amount of penalty payable under sub-
n	section (1) is 25% of the amount of the duty.
e	250K. Remission of penalty
m
ia	The Commissioner, in such circumstances as
rl	the Commissioner considers appropriate,
a	may remit a penalty under this Division by
P	any amount.
d	250L. Interest
n	(1) If the Commissioner revokes an exemption granted under this Part, the taxpayer is liable
a
n	to pay interest on the duty payable in relation
o
ti	to the instrument or transfer of dutiable
la	property calculated on a daily basis from the
end of the relevant day until the day the duty
is	is paid.
g
e	(2) The rate of interest for the purposes of sub-
L	section (1) is the interest rate from time to
n	time applying under Division 1 of Part 5 of
a
ri
the Taxation Administration Act 1997.

(3) In this section—

to	"relevant day" means the day that is
ic	3 months after the day on which the
V	transaction occurred in respect of which the exemption was granted.

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 2—Duties Act 2000

s. 6

250M. Remission of interest

The Commissioner, in such circumstances as

ts	the Commissioner considers appropriate,
n	may remit interest payable under this
e	Division by any amount.'.
m	6. New headings inserted in Chapter 11
u
c	In the Duties Act 2000—
o	(a) before section 251 insert—
D
ry	"PART 3—MANAGED INVESTMENT

SCHEMES";

ta

n	(b) before section 251A insert—
e
m	"PART 4—MORTGAGE-BACKED
ia	SECURITIES".
rl	__________________
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 3—Taxation Administration Act 1997

s. 7

PART 3—TAXATION ADMINISTRATION ACT 1997

ts 7. Permitted disclosures to particular persons

n	In section 92(e) of the Taxation Administration	See:
e	Act No.
Act 1997—	40/1997.
m	Reprint No. 2
u	(a) in sub-paragraph (v), after "Auditor-	as at
13 September
c	General;" insert "or";	2001 and
o	amending Act
D	(b) after sub-paragraph (v) insert—	No. 79/2001.
LawToday:
ry	"(va) the Director of Fair Trading; or
dpc.vic.
ta	(vb) a member of the Australian Federal

gov.au

Police; or".

n

e	8. Grounds for objection in case of reassessment
m	For section 97(2) of the Taxation
ia
rl	Administration Act 1997 substitute—
"(2) The grounds for the objection, in the case of
a
P	a reassessment, may only relate to tax liabilities specified in the reassessment to the
d	extent that they are additional to, or greater
n
a	than, those under the previous assessment.".
n	__________________
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 4—Land Tax Act 1958

s. 9

PART 4—LAND TAX ACT 1958

ts 9. Definitions amended

n	See:	In section 3(1) of the Land Tax Act 1958—
e	Act No. 6289.
m	Reprint No. 12	(a) in the definition of "business of primary
u	as at	production", in paragraph (a), after
c	13 June 2002
and	"cultivation" insert "(whether in a natural,
o	amending Act	processed or converted state)";
D	No. 59/2003. LawToday:	(b) in the definition of "land or lands used for
ry

dpc.vic.	primary production", in paragraph (a), after
ta	gov.au	"such cultivation" insert "(whether in a
n	natural, processed or converted state)";

e	(c)	in the definition of "retirement village", after
m	"occupied" insert ", or available for
ia	occupation,".

rl	10. Retirement village exemption
a
P	(1) For section 9(1)(j) of the Land Tax Act 1958
d	substitute—
n	"(j) land which is occupied, or currently
a	available for occupation, as a retirement
n	village—".
o
ti	(2) For sections 9(2AA) and 9(2AB) of the Land Tax
la	Act 1958 substitute—
is	"(2AA) If the Commissioner is satisfied that
g	part only of land is land to which sub-
e	section (1)(j) applies—
L	(a) land tax is assessable on the
n	remaining part of the land, unless
a
ri	an exemption (other than sub- section (1)(j)) applies to the
to	remaining part; and
ic	(b) section 3A applies, if necessary,
V	for that purpose.".

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 4—Land Tax Act 1958

s. 11

11. Principal place of residence exemption

(1) In section 13AA(1) of the Land Tax Act 1958

ts	insert the following definition—
n	' "acceptable delay" means a delay in the
e	commencement or completion of a building
m	or other work necessary to enable the
u	intended use and occupation of the land to
c	become its actual use and occupation that is
o	due to reasons beyond the control of the
D	owner or trustee;'.
ry	(2) After section 13E(2) of the Land Tax Act 1958
ta	insert—
n	"(2A) The Commissioner may extend the period of
e	operation of sub-section (1) beyond the
m	period referred to in sub-section (2) for a
ia	further period of not more than 2 years in
rl	any particular case if the Commissioner is
a	satisfied that there has been an acceptable
P	delay in that case.".
d	(3) After section 13H(3) of the Land Tax Act 1958
n
a	insert—
n	'(3A) If—
o

ti	(a)	an owner or trustee is entitled under
la	sub-section (3) to a refund of tax in
respect of the first year preceding the
is	tax year referred to in that sub-section
g	("the first year") in respect of land; and
e
L	(b)	the owner or trustee was assessed for
n	and paid tax in respect of that land in
a	respect of the year or 2 years
ri	immediately preceding the first year;
to	and
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 4—Land Tax Act 1958

s. 12

(c) the owner or trustee was not entitled to an exemption under this Part in respect of any other land in respect of the year

ts	or years referred to in paragraph (b)—
n
e	the Commissioner may refund to the owner
m	or trustee the tax paid in respect of the year
u	or years referred to in paragraph (b) in a
c	particular case if the Commissioner is
o	satisfied that there has been an acceptable
D	delay in that case.'.
ry	(4) In section 13H(4) of the Land Tax Act 1958, for
ta	"(2) and (3)" substitute "(2), (3) and (3A)".
n	12. Administrative powers
e	After section 72(4) of the Land Tax Act 1958
m	insert—
ia
rl	'(5) In sub-section (4)—
a	"premises" includes land, a vehicle, a vessel
P	and an aircraft.'.
d	__________________
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 5—First Home Owner Grant Act 2000

s. 13

PART 5—FIRST HOME OWNER GRANT ACT 2000

ts	Division 1—Eligibility Criteria and Eligible Transactions
n
e	13. Definition amended
m	See:
u	In section 3(1) of the First Home Owner Grant

Act No.

c	Act 2000, in the definition of "residence	5/2000 and
o	requirement", for "within 12 months" substitute	amending Act Nos 42/2000,
D	"for a continuous period of at least 6 months	10/2001 and 27/2001.
ry	commencing within the 12 month period
LawToday:
immediately".
ta	dpc.vic.
gov.au
n

e	14. When must eligibility criteria be complied with?
m	In section 7(1)(a) of the First Home Owner
ia	Grant Act 2000, after "criteria" insert "at the
rl	time that the transaction for which the grant is
a	sought is completed".
P

15. New section 8 substituted

d

n	For section 8 of the First Home Owner Grant
a	Act 2000 substitute—
n	"8. Criterion 1—Applicant to be a natural
o
ti	person and at least 18 years of age
la	(1) An applicant for a first home owner grant
is	must be—
g	(a) a natural person; and
e
L	(b) at least 18 years of age.
n	(2) The Commissioner may exempt an applicant
a
ri	from the requirement in sub-section (1)(b) if
the Commissioner is satisfied that—
to	(a) the home to which the application
ic	relates will be occupied by the
V	applicant as his or her principal place of residence for a continuous period of at

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 5—First Home Owner Grant Act 2000

s. 16

least 6 months commencing within the
12 month period immediately after

completion of the eligible transaction or

ts	within a longer period approved by the
n	Commissioner; and
e

(b) the application does not form part of a

m

u	scheme to circumvent limitations on, or
c	requirements affecting, eligibility for or
o	entitlement to a first home owner
D	grant.".
ry	16. Applicant eligible if previous grant paid back
ta	In section 10(2) of the First Home Owner Grant
n	Act 2000 omit "under the conditions on which the
e	grant was made".
m	17. Applicant (or applicant's partner) must not have
ia
rl	had relevant interest in residential property
a	For section 11(3) of the First Home Owner
P	Grant Act 2000 substitute—
d	"(3) An applicant is ineligible if, before the
n	commencement date of the relevant
a	transaction, the applicant, or the applicant's
n	partner—
o

ti	(a)	held a relevant interest in residential
la	property in Victoria or an interest in
residential property in another State or
is	Territory that is a relevant interest
g	under the corresponding law of that
e
L	State or Territory; and

(b) occupied the property as a place of

n

a	residence for a continuous period of at
ri	least 6 months.".
to
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 5—First Home Owner Grant Act 2000

s. 18

18. New section 12 substituted

For section 12 of the First Home Owner Grant

ts	Act 2000 substitute—
n	"12. Criterion 5—Residence requirement
e

(1) An applicant for a first home owner grant

m

u	must occupy the home to which the
c	application relates as the applicant's principal
o	place of residence for a continuous period of
D	at least 6 months (or the lesser period approved by the Commissioner)
ry	commencing within the 12 month period
ta	immediately after completion of the eligible
n	transaction or within a longer period
e	approved by the Commissioner.
m	(2) The Commissioner may approve a lesser
ia	period of occupation under sub-section (1) if
rl	the Commissioner is satisfied that there are
a	good reasons why the applicant cannot
P	comply with the requirement to occupy the
d	home for 6 months.
n
a	(3) If an application is made by joint applicants and at least one (but not all) of the applicants
n
o	complies with the residence requirement, the
ti	non-complying applicant or applicants are
la	exempted from compliance with the
is	residence requirement.".
g	19. Eligible transactions
e	(1) For section 13(5)(a)(i) of the First Home Owner
L	Grant Act 2000 substitute—
n
a	"(i) the purchaser (or a nominee of the purchaser)
ri	becomes entitled to possession of the home
to	under the contract; and".
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 5—First Home Owner Grant Act 2000

s. 20

(2) After section 13(7) of the First Home Owner

Grant Act 2000 insert—

ts	'(8) For the purposes of this Part, if—
n	(a) a purchaser under a contract for the
e	purchase of a home nominates another
m	person (the "nominee") as purchaser;
u	and
c
o	(b) the nominee provides valuable
D	consideration for the purchase to the
ry	vendor—
ta	the contract for the purchase of the home is
taken to be an eligible transaction in relation
n	to the nominee, whether or not the nominee
e	is a party to that contract.'.
m
ia	20. Payment in anticipation of compliance with
rl	residence requirement
a	In section 20(1) of the First Home Owner Grant
P	Act 2000, for "within 12 months after completion
d	of the eligible transaction or" substitute "for a
n	continuous period of at least 6 months
a	commencing within the 12 month period
n	immediately after completion of the eligible
o
ti	transaction or within".
la	21. Death of applicant
is	For section 22(3) of the First Home Owner
g	Grant Act 2000 substitute—
e	"(3) If a deceased applicant for a first home
L	owner grant had not, by the date of death,
n	occupied the home to which the application
a
ri	relates as the applicant's principal place of
residence for a continuous period of 6
to	months commencing within the 12 month
ic	period immediately after completion of the
V	eligible transaction or a longer period allowed by the Commissioner, but the

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 5—First Home Owner Grant Act 2000

s. 22

Commissioner is satisfied that the applicant intended to do so, the residence requirement

ts	is satisfied.".
n	Division 2—Miscellaneous Amendments
e
m	22. Interest payable on amount to be repaid and penalty
u
c	After section 48(3) of the First Home Owner
o	Grant Act 2000 insert—
D	"(4) An amount or penalty under this section is
ry	payable by the date specified in the notice. (5) An applicant (or former applicant) is liable to
ta
n	pay interest on any unpaid—
e	(a) amount that is required to be repaid to
m	the Commissioner under sub-section
ia	(1); or
rl	(b) penalty imposed under sub-section (2)
a	or (3)—
P
d	calculated on a daily basis from the end of
n	the last day for payment until the day it is
a	paid at the interest rate from time to time
n	applying under Division 1 of Part 5 of the
o
ti
Taxation Administration Act 1997.

(6) The Commissioner, in such circumstances as

la	the Commissioner considers appropriate,
is	may remit interest payable by an applicant
g	(or former applicant) under this section by
e	any amount.".
L

23. Power to recover amount paid in error etc.

n

a	In section 49(3) of the First Home Owner Grant
ri	Act 2000, for "applicant's interest in that home"
to	substitute "land to which the home is affixed".
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 5—First Home Owner Grant Act 2000

s. 24

24. New section 49A inserted

After section 49 of the First Home Owner Grant

ts	Act 2000 insert—
n	"49A. Registering charge on land
e

(1) If, under section 49(3), there is a first charge

m

u	on land, the Commissioner may deposit with
c	the Registrar of Titles a certificate signed by
o	the Commissioner stating that—
D	(a) the amount stated in the certificate is
ry	owing in relation to the charge on the
ta	land; and
n	(b) there is a charge on the land under
e	section 49(3).
m	(2) The Registrar of Titles must make a
ia	recording in the Register of the certificate
rl	referred to in sub-section (1).
a	(3) The Commissioner must, as soon as practicable after payment of the amount to
P
d	which section 49 applies, deposit with the
n
a	Registrar of Titles—
n	(a) a request to make a recording in the
o	Register of the discharge of the charge;
ti	and
la	(b) a certificate signed by the
is	Commissioner stating that the amount
g	owing in relation to the charge on the
e	land has been paid.
L

(4) The Registrar of Titles must make a

n

a	recording in the Register of the discharge of
ri	the charge.
to
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Part 5—First Home Owner Grant Act 2000

s. 24

(5) The Commissioner may, by written notice,

require an applicant (or former applicant) for
a first home owner grant who holds a

ts	relevant interest in relation to which there is
n	a charge, to pay the amount of any fees paid
e	by the Commissioner for the recording, or
m	discharge, of the charge.
u
c	(6) An amount required to be paid under sub-
o	section (5) must be paid by the applicant (or
D	former applicant) within 28 days after the
ry	date on which the notice is given to the
applicant (or former applicant).".
ta	═══════════════
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

State Taxation Acts (Further Miscellaneous Amendments) Act

2003

Act No. 113/2003

Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 16 October 2003
e
Legislative Council: 19 November 2003
m
u	The long title for the Bill for this Act was "to make further miscellaneous
c	amendments to the Duties Act 2000, the Taxation Administration Act
o	1997, the Land Tax Act 1958 and the First Home Owner Grant Act
D	2000 and for other purposes."
ry
ta
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V