First Home and Housing Construction Grants Act 2000 (SA)

South Australia First Home and Housing Construction Grants Act 2000 An Act to encourage and assist home ownership, and to offset the effect of the GST on the acquisition of a first home, by establishing a scheme for the payment of grants to first home owners; to promote housing construction within the State; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Definitions 4 Homes 5 Ownership of land and homes 6 Spouses and domestic partners 6A Extension of Act to HomeBuilder grants Part 2—Grants Division 1—Entitlement to grant 7 Entitlement to grants Division 2—Eligibility criteria (applicants) 8 Criterion 1—Applicant to be a natural person 8A Criterion 1A—Applicant to be at least 18 years of age 9 Criterion 2—Applicant to be Australian citizen or permanent resident 10 Criterion 3—Applicant (or applicant's spouse etc) must not have received earlier grant 11 Criterion 4—Applicant (or applicant's spouse etc) must not have had relevant interest in residential property 12 Criterion 5—Residence requirement 12A Criteria—housing construction grant 12B Criteria—seniors housing grant Division 3—Eligible transactions 13 Eligible transaction 13A Special eligible transactions Division 4—Application for grant 14 Application for grant 15 All interested persons to join in application 16 Application on behalf of person under legal disability Division 5—Decision on application 17 Commissioner to decide applications 18 Amount of first home owner grant 18B Bonus grant for transactions before 17 September 2010 18BA Bonus grant for transactions on or after 17 September 2010 but before 15 October 2012 18BAB Housing construction grant 18BAC Seniors housing grant 18BB Market value of homes 18C Amount of grants must not exceed consideration 19 Payment of grant 20 Payment in anticipation of compliance with residence requirement 21 Conditions generally 22 Death of applicant 23 Power to correct decision 24 Notification of decision Division 6—Objections and reviews 25 Objections 26 Reference of objection to Crown Solicitor for advice 27 Powers of the Treasurer on objection 27A Objection not to stay proceedings based on relevant decision 28 Reviews Part 3—Administration Division 1—Administration generally 31 Administration 32 Delegation Division 2—Investigations 33 Authorised investigations 34 Cross-border investigation 35 Power of investigation 36 Powers of entry and inspection 37 Self incrimination Part 4—Miscellaneous 38 False or misleading statements 39 Power to require repayment and impose penalty 40 Power to recover amount paid in error etc 40A Extensions of time 41 Protection of confidential information 42 Evidence 43 Time for commencing prosecution 44 Standing appropriation 45 Protection of officers etc 46 Regulations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the First Home and Housing Construction Grants Act 2000. 3—Definitions In this Act, unless the contrary intention appears— Australian citizen means an Australian citizen within the meaning of the Australian Citizenship Act 1948 (Cwth); authorised investigation—see section 33; authorised officer means a person authorised by the Commissioner to exercise the powers of an authorised officer under this Act; building includes part of a building; close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include— (a) the relationship between a legally married couple; or (b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind; Note— Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them. commencement date of an eligible transaction—see section 13(4); Commissioner means the Commissioner of State Taxation; completed—for completion of an eligible transaction, see section 13(5); comprehensive home building contract means a contract under which a builder undertakes to build a home on land from the inception of the building work to the point where the home is ready for occupation and if, for any reason, the work to be carried out under such a contract is not completed, includes any further contract under which the work is to be completed; consideration for an eligible transaction—see section 13(7); contract for an "off‑the‑plan" purchase, of a new home, means a contract for the purchase of the home on a proposed lot in an unregistered plan of a subdivision of land; corresponding law means an Act of another State, or a Territory, corresponding to this Act; domestic partner—see section 6; eligibility criteria means the criteria for determining whether an applicant for a first home owner grant is eligible for the grant (see Part 2 Division 2); eligible transaction—see section 13(1); first home owner grant means a grant authorised under section 17; first home owner grant scheme means the scheme for payment of first home owner grants established under this Act; function includes a power; guardian of a person under a legal disability includes a trustee who holds property on trust for the person under an instrument of trust or by order or direction of a court or tribunal; home—see section 4; housing construction grant means a grant authorised under section 18BAB; new home means a home that has not been previously occupied or sold as a place of residence and includes a substantially renovated home; new home grant scheme means the schemes for the payment of housing construction grants and seniors housing grants established by this Act; new home transaction means an eligible transaction that is— (a) a contract for the purchase of a new home; or (b) a comprehensive home building contract for a new home; or (c) the building of a new home by an owner builder; option to purchase includes a right of preemption or a right of first refusal; owner means— (a) in relation to land—a person who has a relevant interest in the land; (b) in relation to a home—a person who has a relevant interest in the land on which the home is built (see section 5(1)); owner builder means an owner of land who builds a home, or has a home built, on the land without entering into a comprehensive home building contract; permanent resident means— (a) the holder of a permanent visa within the meaning of section 30 of the Migration Act 1958 (Cwth); or (b) a New Zealand citizen who holds a special category visa within the meaning of section 32 of the Migration Act 1958 (Cwth); relevant interest—see section 5(2), (3) and (4); residence requirement— (a) in relation to an applicant for a first home owner grant—means the residence requirement imposed by section 12; (b) in relation to an applicant for a seniors housing grant—means the residence requirement imposed by section 12B; residential property—land in Australia is residential property at a particular time if there is, at that time, a building on the land lawfully occupied as a place of residence or suitable for occupation as a place of residence; seniors housing grant means a grant authorised under section 18BAC; spouse—see section 6; substantially renovated home—a home is a substantially renovated home if— (a) the sale of the home is, under the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth, a taxable supply as a sale of new residential premises within the meaning of section 40‑75(1)(b) (Meaning of new residential premises); and (b) the home, as renovated, has not been previously occupied or sold as a place of residence; taxation law means a law for the assessment or imposition of a tax. 4—Homes A home is a building (affixed to land) that— (a) may lawfully be used as a place of residence; and (b) is, in the Commissioner's opinion, a suitable building for use as a place of residence. 5—Ownership of land and homes (1) A person is an owner of a home or a home owner if the person has a relevant interest in land on which a home is built. (2) Each of the following is, subject to subsection (3), a relevant interest in land: (a) an estate in fee simple in the land; or (b) a life estate in the land approved by the Commissioner; or (c) a perpetual lease of the land granted by the Commonwealth or the State; or (d) a leasehold interest in the land granted by the Commonwealth or the State that may be converted under the terms of the lease or by statute into an estate in fee simple; or (e) an interest as purchaser under a contract for the purchase from the Commonwealth or the State of an estate in fee simple in the land by instalments; or (f) a licence or right of occupancy granted by the Commonwealth or the State that gives, in the Commissioner's opinion, the licensee or the holder of the right reasonable security of tenure; or (g) an interest in a company's shares if the Commissioner is satisfied that— (i) the interest entitles the holder of the interest to exclusive occupation of a specified home owned by the company; and (ii) the value of the shares is not less than the value of the company's interest in the home. (3) Subject to subsections (4) and (6)— (a) an interest is not a relevant interest at a particular time unless the holder of the interest has, or will have within 12 months after that time (or a longer time allowed by the Commissioner), a right to immediate occupation of the land; (b) an interest is not a relevant interest in the hands of a person who holds it subject to a trust; (c) an equitable interest is not a relevant interest unless it is the interest of a person under a legal disability for whom a guardian holds the interest on trust. (4) The regulations may provide for recognition of an interest (a non-conforming interest) as a relevant interest— (a) even though the interest may not conform with the above provisions; and (b) even though the interest may not be recognised at law or in equity as an interest in land. (5) If a grant authorised under this Act is to be paid in consequence of the recognition of a non-conforming interest as a relevant interest, the Commissioner may impose appropriate conditions on the payment of the grant to ensure its recovery if criteria prescribed in the regulations about future conduct or events are not satisfied. (6) In the case of housing construction grants— (a) subsection (3)(b) does not apply; and (b) no equitable interest may constitute a relevant interest in any circumstances. 6—Spouses and domestic partners (1) A person is the spouse of another if they are legally married. (1a) A person is the domestic partner of another if they live together in a close personal relationship. (2) If the Commissioner is satisfied that, at the time of deciding an application for a first home owner grant, an applicant— (a) is legally married but not cohabiting with the person to whom the applicant is legally married; and (b) has no intention of resuming cohabitation, the person to whom the applicant is legally married is not to be regarded as the applicant's spouse. 6A—Extension of Act to HomeBuilder grants (1) This Act applies to, and in relation to, an application for a HomeBuilder grant as if it were an application for a first home owner grant (and as if references in this Act to a first home owner grant were references to a HomeBuilder grant and references to the first home owner grant scheme were references to the HomeBuilder scheme) subject to the following: (a) Part 2 Divisions 1, 2 and 3 do not apply to a HomeBuilder grant and instead entitlement to the grant and the eligibility criteria will be determined by the Commissioner (and published on a website determined by the Commissioner) in accordance with the terms of the National Partnership Agreement (and subject to subsection (2)); (b) sections 18 to 18C (inclusive) do not apply to a HomeBuilder grant and the amount of the grant is the amount specified by the National Partnership Agreement; (c) the remaining provisions of this Act apply subject to modifications and exclusions prescribed by the regulations. (2) The Commissioner may determine that a person is not entitled to a HomeBuilder grant in respect of a transaction if the Commissioner is satisfied that the transaction— (a) forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to the grant; or (b) replaces a previous transaction, entered into before 4 June 2020, that is for the same home or the same renovation. (3) In this section— HomeBuilder grant means a grant provided for by the National Partnership Agreement; National Partnership Agreement means the National Partnership Agreement on HomeBuilder executed on behalf of the Commonwealth on 12 June 2020 (as varied or substituted from time to time with the agreement of the State of South Australia). Part 2—Grants Division 1—Entitlement to grant 7—Entitlement to grants (1) A first home owner grant is payable on an application under this Act if— (a) the applicant or, if there are 2 or more of them, each of the applicants complies with the eligibility criteria; and (b) the transaction for which the grant is sought— (i) is an eligible transaction; and (ii) has been completed. (1a) However, if— (a) the commencement date of an eligible transaction for which a grant is sought is on or after 17 September 2010; and (b) the market value of the home to which the transaction relates (as determined under section 18BB) exceeds— (i) where the commencement date of the eligible transaction is on or after 17 September 2010 but before 15 June 2023—$575 000; or (ia) where the commencement date of the eligible transaction is on or after 15 June 2023 but before 6 June 2024—$650 000; or (ii) if an amount (whether in respect of an eligible transaction with a commencement date within a prescribed period or otherwise) is prescribed by regulation for the purposes of this paragraph—that amount, no first home owner grant is payable on the application for the grant. (2) Despite subsection (1)(a), an applicant need not comply with the eligibility criteria to the extent the applicant is exempted from compliance by or under this Act. (3) Only 1 first home owner grant is payable for the same eligible transaction. (4) A housing construction grant is payable on an application under this Act if the requirements of section 18BAB are satisfied. (5) Subject to section 12A, only 1 housing construction grant is payable in relation to a particular new home. (6) A seniors housing grant is payable on an application under this Act if the requirements of section 18BAC are satisfied. (7) Only 1 seniors housing grant is payable in relation to a particular new home. (8) A seniors housing grant is not payable in relation to the construction or purchase of a new home if any other grant is payable under this Act in relation to the construction or purchase of the home. Division 2—Eligibility criteria (applicants) 8—Criterion 1—Applicant to be a natural person An applicant for a first home owner grant must be a natural person. 8A—Criterion 1A—Applicant to be at least 18 years of age (1) An applicant for a first home owner grant must be at least 18 years of age. (2) The Commissioner may exempt an applicant from the above requirement if the Commissioner is satisfied that: (a) the home to which the application relates will be occupied by the applicant as his or her principal place of residence 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); and (b) the application does not form part of a scheme to circumvent limitations on or requirements affecting, eligibility or entitlement to a first home owner grant. 9—Criterion 2—Applicant to be Australian citizen or permanent resident (1) Subject to subsection (2), an applicant for a first home owner grant must be an Australian citizen or a permanent resident. (2) If an application is made by joint applicants and 1 of the applicants is an Australian citizen or a permanent resident, it is not necessary for the other or others to be Australian citizens or permanent residents. 10—Criterion 3—Applicant (or applicant's spouse etc) must not have received earlier grant (1) Subject to subsection (2), an applicant for a first home owner grant is ineligible if— (a) the applicant or the applicant's spouse or domestic partner has been a party to an earlier application under this Act or a corresponding law; and (b) a grant was paid on the application. (2) However, an applicant is not ineligible if— (a) the grant was later paid back; and (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 (c) any penalty amount payable under section 39(3) in relation to repayment of the earlier grant has been paid. (3) An applicant for a first home owner grant is also ineligible if the applicant or the applicant's spouse or domestic partner— (a) could have successfully applied for a first home owner grant under this Act or a corresponding law in respect of an earlier transaction to which he or she was a party but did not do so; or (b) could, assuming that he or she had then been an Australian citizen or a permanent resident, have successfully applied for a first home owner grant under this Act or a corresponding law in respect of an earlier transaction to which he or she was a party. 11—Criterion 4—Applicant (or applicant's spouse etc) must not have had relevant interest in residential property (1) An applicant for a first home owner grant is ineligible if the applicant or the applicant's spouse or domestic partner has, before 1 July 2000, held— (a) a relevant interest in residential property in South Australia; or (b) an interest in residential property in another State or a Territory that is a relevant interest under the corresponding law of that State or Territory. (2) In working out for the purposes of subsection (1) whether an applicant held a relevant interest (within the meaning of this Act or a corresponding law) in residential property at a particular time, if the commencement date of the eligible transaction is before the relevant day, any deferment of the applicant's right of occupation because the property was subject to a lease is to be disregarded. (3) An applicant for a first home owner grant is also ineligible if, before the commencement date of the eligible transaction, the applicant or the applicant's spouse or domestic partner— (a) held a relevant interest in residential property in South Australia or an interest in residential property in another State or Territory that is a relevant interest under the corresponding law of that State or Territory; and (b) if the commencement date of the eligible transaction is before the relevant day, occupied the property as a place of residence for a continuous period of at least 6 months. (4) In this section— relevant day means the day on which section 4 of the Statutes Amendment (Budget Measures) Act 2025 comes into operation. 12—Criterion 5—Residence requirement (1) An applicant for a first home owner grant must occupy the home to which the application relates as the applicant's principal place of residence for a continuous period of at least 6 months (or a shorter period approved by the Commissioner) (the residence period), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner) (the completion period). (2) The Commissioner may exempt an applicant (the non-complying applicant) from the residence requirement if— (a) the applicant is one of 2 or more joint applicants for a first home owner grant; and (b) at least 1 of the applicants complies with the residence requirement; and (c) there are, in the Commissioner's opinion, good reasons to exempt the non‑complying applicant from the residence requirement. (3) The Commissioner may, if the Commissioner considers there are good reasons for doing so, vary an applicant's residence requirement at any time (including after the end of the period allowed for compliance with the residence requirement) by approving a shorter residence period or a longer completion period (or both). (4) If the Commissioner varies a residence requirement under subsection (3), the requirement as varied will be taken to have been the applicant's residence requirement from the date of the determination of his or her application. 12A—Criteria—housing construction grant (1) Subject to this section, an applicant for a housing construction grant must be— (a) a person who has entered into a contract for the purchase of the new home; or (b) a person for whom the new home is being built under a comprehensive home building contract; or (c) an owner builder who is building the new home. (2) An applicant under subsection (1)(b) or (c) must— (a) satisfy the Commissioner— (i) that he or she has not entered into a contract with a person to sell the new home; and (ii) that he or she has no intention to enter into a contract for the sale of the new home before 1 January 2014; or (b) satisfy the Commissioner that he or she is a party to a contract to sell the new home with a person who is entitled to make an application under subsection (1)(a) (the purchaser) and, under the terms of the contract, he or she is entitled to apply for the housing construction grant rather than the purchaser. (3) If— (a) a housing construction grant is paid in the case of an application where the applicant has satisfied the Commissioner as to the matters referred to in subsection (2)(a); and (b) the person to whom the grant was paid (the first grant recipient), before 1 January 2014, enters into a contract for the sale of the new home to another person (the purchaser); and (c) the purchaser makes an application under subsection (1), then— (d) a housing construction grant may be paid to the purchaser if the Commissioner is satisfied— (i) that the contract between the first grant recipient and the purchaser constitutes a genuine sale of the new home; and (ii) that no agreement exists between the first grant recipient and the purchaser that the first grant recipient is entitled to apply for the housing construction grant rather than the purchaser; and (e) the Commissioner may, by written notice, require the first grant recipient to repay the amount of the housing construction grant that has been paid to him or her. (4) If, in a case where subsection (2)(a) has applied, and the Commissioner issues a notice under subsection (3)(e), the first grant recipient must also pay to the Commissioner, at the time of repayment of the amount of the housing construction grant paid to the first grant recipient, an additional amount equal to the amount of the grant unless the Commissioner is satisfied that the first grant recipient genuinely changed his or her intention about not entering into a contract of a kind referred to in subsection (2)(a)(ii) due to extraordinary and unforeseen circumstances occurring after the housing construction grant was paid to the first grant recipient. (5) An amount payable under subsection (3)(e) or (4) (or both) must be paid to the Commissioner within a period (of at least 14 days) specified by the Commissioner. Maximum penalty: $5 000. (6) In connection with the operation of subsection (3)— (a) the Commissioner may make a payment under subsection (3)(d) despite section 7(5) (and whether or not an amount is recovered under subsection (3)(e)); and (b) to avoid doubt, the Commissioner may, in deciding whether a contract constitutes a genuine sale of the new home, take into account the matters referred to in section 18BAB(5), (6) and (7). 12B—Criteria—seniors housing grant (1) An applicant for a seniors housing grant must be— (a) a person who has entered into a contract for the purchase of a new home; or (b) a person for whom a new home is being built under a comprehensive home building contract; or (c) an owner builder who is building a new home. (2) If an application for a seniors housing grant is made by 1 person only— (a) the applicant must satisfy the Commissioner that he or she is 60 or more years of age; and (b) the applicant must occupy the home to which the application relates as his or her principal place of residence for a continuous period of at least 6 months (or a shorter period approved by the Commissioner) (the residence period), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner) (the completion period). (3) If an application for a seniors housing grant is made by 2 or more persons— (a) the applicants must satisfy the Commissioner that— (i) at least 1 of the applicants is 60 or more years of age; and (ii) all of the applicants are natural persons; and (b) at least 1 of the applicants who is 60 years or more of age must occupy the home to which the application relates as his or her principal place of residence for a continuous period of at least 6 months (or a shorter period approved by the Commissioner) (the residence period), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner) (the completion period). (4) The Commissioner may, if the Commissioner considers there are good reasons for doing so, vary an applicant's residence requirement at any time (including after the end of the period allowed for compliance with the residence requirement) by approving a shorter residence period or a longer completion period (or both). (5) If the Commissioner varies a residence requirement under subsection (4), the requirement as varied will be taken to have been the applicant's residence requirement from the date of the determination of his or her application. (6) Subject to subsection (7), an applicant for a seniors housing grant is ineligible if— (a) the applicant or the applicant's spouse or domestic partner has been a party to an earlier application under this Act for a seniors housing grant; and (b) a seniors housing grant was paid on the application. (7) However, an applicant for a seniors housing grant is not ineligible if— (a) the seniors housing grant was later paid back; and (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 (c) any penalty amount payable under section 39(3) in relation to repayment of the earlier grant has been paid. Division 3—Eligible transactions 13—Eligible transaction (1) An eligible transaction is— (a) a contract made on or after 1 July 2000 for the purchase of a home in the State; (b) a comprehensive home building contract made on or after 1 July 2000 by the owner of land in the State, or a person who will on completion of the contract, be the owner of land in the State, to have a home built on the land; (c) the building of a home in the State by an owner builder if the building work commences on or after 1 July 2000. (2) A contract is a contract for the purchase of a home if the contract is a contract for the acquisition of a relevant interest in land on which a home is built. (3) A contract is not an eligible transaction if the Commissioner is of the opinion that it forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant and the Commissioner will, unless satisfied to the contrary, presume the existence of such a scheme, if— (a) in the case of a contract to purchase a home—the purchaser had an option to purchase the home granted before 1 July 2000 or the vendor had an option to require the purchaser to purchase the home granted before that date; or (b) in the case of a comprehensive home building contract—either party had a right or option granted before 1 July 2000 to require the other to enter into the contract. (4) The commencement date of an eligible transaction is— (a) in the case of a contract—the date when the contract is made; (b) in the case of the building of a home by an owner builder— (i) the date when laying the foundations for the home commences; or (ii) another date the Commissioner considers appropriate in the circumstances of the case. (5) Subject to any qualifications prescribed by regulation, an eligible transaction is completed when— (a) in the case of a contract for the purchase of a home— (i) the purchaser becomes entitled to possession of the home under the contract; and (ii) if the purchaser is to obtain a registered title to the land on which the home is situated—the necessary steps to obtain registration of the purchaser's title have been taken; (b) in the case of a contract to have a home built—the building is ready for occupation as a place of residence; (c) in the case of the building of a home by an owner builder—the building is ready for occupation as a place of residence. (6) If a person purchases a moveable building and intends to use it as a place of residence on land in which the person has a relevant interest but on which it is not situated at the time of purchase— (a) this Act applies as if the person were an owner builder building a home on the land; and (b) the commencement date of the transaction is taken to be the date of the contract to purchase the moveable building; and (c) the transaction is taken to be completed when the moveable building is ready for occupation as a place of residence on land in which the purchaser has a relevant interest. (7) The consideration for an eligible transaction is— (a) in the case of a contract for the purchase of a home—the consideration for the purchase; (b) in the case of a comprehensive home building contract—the total consideration payable for the building work; (c) in the case of the building of a home by an owner builder—the actual costs to the owner of carrying out the work (excluding any allowance for the owner builder's own labour). 13A—Special eligible transactions (1) Subject to subsection (5), an eligible transaction that is a contract for the purchase of a home (other than a contract for an "off‑the‑plan" purchase of a new home) is a special eligible transaction if the contract is made between 14 October 2008 and 31 December 2009 (both dates inclusive). (2) Subject to subsection (5), an eligible transaction that is a comprehensive home building contract for a new home is a special eligible transaction if— (a) the contract is made between 14 October 2008 and 31 December 2009 (both dates inclusive); and (b) the building work commences within 26 weeks after the contract is made, or any longer period the Commissioner may, in particular circumstances, allow; and (c) the contract states that the eligible transaction must be completed within 18 months after the building work is commenced or, in any other case, the eligible transaction is completed within 18 months after the building work is commenced. (3) An eligible transaction that is the building of a new home by an owner builder is a special eligible transaction if the commencement date of the eligible transaction is between 14 October 2008 and 31 December 2009 (both dates inclusive) and the transaction is completed within 18 months after the building work is commenced. (4) Subject to subsection (5), an eligible transaction that is a contract for an "off‑the‑plan" purchase of a new home is a special eligible transaction if the contract is made between 14 October 2008 and 31 December 2009 (both dates inclusive) and— (a) in the case of a contract made between 14 October 2008 and 30 June 2009 (both dates inclusive)— (i) the contract states that the eligible transaction must be completed on or before 31 December 2010; or (ii) in any other case, the eligible transaction is completed on or before that date; and (b) in the case of a contract made between 1 July 2009 and 30 September 2009 (both dates inclusive)— (i) the contract states that the eligible transaction must be completed on or before 31 March 2011; or (ii) in any other case, the eligible transaction is completed on or before that date; and (c) in the case of a contract made between 1 October 2009 and 31 December 2009 (both dates inclusive)— (i) the contract states t