First Home Owner Grant Act 2000 (Tas)

First Home Owner Grant 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 [Royal Assent 16 June 2000] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the First Home Owner Grant Act 2000 . 2. Commencement This Act commences on 1 July 2000. 3. Interpretation (1) In this Act, unless the contrary intention appears – Australian citizen means an Australian citizen as defined in the Australian Citizenship Act 1948 of the Commonwealth; authorised investigation has the meaning given by section 32 ; authorised officer means a person appointed as an authorised officer under section 31A ; building includes part of a building; commencement date, in relation to an eligible transaction, has the meaning given by section 13(4) ; Commissioner means the Commissioner of State Revenue; completed, in relation to an eligible transaction, has the meaning given by 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, in relation to an eligible transaction, has the meaning given by section 13(7) ; corresponding law means an Act of another State, or a Territory, corresponding to this Act; eligibility criteria means the criteria, set out in Division 2 of Part 2 , for determining whether an applicant for a first home owner grant is eligible for the grant; eligible transaction has the meaning given by 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, in relation to 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 has the meaning given by section 4 ; new home means – (a) a home that has not previously been occupied or sold as a place of residence; or (b) a home that – (i) under section 40-75(1)(b) of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth, would be considered new residential premises due to substantial renovations; and (ii) has not been occupied or sold as a place of residence since those substantial renovations were completed; 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; and (b) in relation to a home, a person who has a relevant interest in the land on which the home is built; 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 of the Commonwealth; or (b) a New Zealand citizen who holds a special category visa within the meaning of section 32 of the Migration Act 1958 of the Commonwealth; relevant interest has the meaning given by section 5(2) , (3) and (4) ; residence requirement means the requirement that 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 any lesser period approved by the Commissioner under section 12(1A) ) commencing within the 12-month period immediately after the completion of the eligible transaction or a longer period approved by the Commissioner; residential property has the meaning given by subsection (2) ; spouse has the meaning given by section 6 ; taxation law means a law for the assessment or imposition of a tax. (2) For the purpose of this Act, 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 and suitable for occupation as a place of residence. 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; (b) a life estate in the land approved by the Commissioner; (c) a perpetual lease of the land granted by the Commonwealth or the State; (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; (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; (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; (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 subsection (4) – (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; and (b) an interest is not a relevant interest in the hands of a person who holds it subject to a trust; and (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 Commissioner may recognise an interest (a non-conforming interest) as a relevant interest in land even though the interest may not conform with subsections (2) and (3) (and even though the interest may not be recognised at law or in equity as an interest in land) if there is, in the Commissioner's opinion, good reason to do so. (5) If the Commissioner recognises a non-conforming interest as a relevant interest in land and, in consequence, a first home owner grant is to be paid, the Commissioner may impose appropriate conditions on the payment of the grant to ensure its recovery if suppositions about future conduct or events made by the Commissioner in recognising the interest later prove to be incorrect. 6. Spouses (1) A person is the spouse of another if – (a) they are legally married; or (b) they are in a significant relationship, within the meaning of the Relationships Act 2003 . (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. PART 2 - First home owner grant Division 1 - Entitlement to grant 7. Entitlement to grant (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. (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 one first home owner grant is payable for the same eligible transaction. (4) A first home owner grant is not payable in respect of a transaction if the Tasmanian HomeBuilder grant, within the meaning of the HomeBuilder Grants Act 2020 , has been paid in respect of the transaction. Division 2 - Eligibility criteria (applicants) 8. Criterion 1 – Applicant to be a natural person and at least 18 years of age (1) An applicant for a first home owner grant must be – (a) a natural person; and (b) at least 18 years of age. (2) The Commissioner may exempt an applicant from the requirement in subsection (1)(b) 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 any lesser period approved by the Commissioner under section 12(1A) ) commencing within the 12-month period immediately 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 for 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 one 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) must not have received an earlier grant (1) Subject to subsection (2) , an applicant is ineligible if – (a) the applicant or the applicant's spouse 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) An applicant is not ineligible if the grant was paid but later paid back. 11. Criterion 4 – Applicant (or applicant's spouse) must not have had relevant interest in residential property (1) An applicant is ineligible if the applicant or the applicant's spouse has, before 1 July 2000, held – (a) a relevant interest in residential property in Tasmania; 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, any deferment of the applicant's right of occupation (because the property was subject to a lease) is to be disregarded. (3) An applicant is also ineligible if the applicant or the applicant's spouse has, at any time before the commencement date of the eligible transaction to which the application relates – (a) held a relevant interest in residential property in Tasmania or 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; and (b) occupied the property as a place of residence for a continuous period of at least 6 months. 12. Criterion 5 – Residence and ownership 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 any lesser period approved by the Commissioner under subsection (1A) ) commencing within the 12-month period immediately after completion of the eligible transaction or within a longer period approved by the Commissioner. (1A) The Commissioner may approve a lesser period of occupation under subsection (1) if the Commissioner is satisfied that there are good reasons why the applicant cannot comply with the requirement to occupy the home for 6 months. (1B) A decision to approve a lesser period of occupation, or to approve a longer period before occupation is commenced, may be made at any time before a decision on the application has been reversed or varied under section 23 . (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 one 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) An applicant must retain his or her relevant interest in the land to which the application relates until the residence requirement has been satisfied. Division 3 - Eligible transactions 13. Eligible transaction (1) An eligible transaction is any of the following: (a) a contract made on or after 1 July 2000 and before 1 July 2014 for the purchase of a home in the State; (ab) a contract made on or after 1 July 2000 for the purchase of a new 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; or (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; or (b) in the case of a contract to have a home built, the building is ready for occupation as a place of residence; or (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 (being, if the moveable building is purchased after the day on which the amendment to this subsection made by the Taxation and Related Legislation (Miscellaneous Amendments) Act 2016 commences, a new 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; or (b) in the case of a comprehensive home building contract, the total consideration payable for the building work; or (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). Division 4 - Application for grant 14. Application for grant (1) An application for a first home owner grant is to be made to the Commissioner. (2) An application – (a) must be in a form approved by the Commissioner; and (b) must contain the information required by the Commissioner. (3) An applicant must provide the Commissioner with any further information the Commissioner requires to decide the application. (4) Information provided by an applicant in or in relation to an application must, if the Commissioner so requires, be verified by statutory declaration or supported by other evidence required by the Commissioner. (5) An application may only be made within a period (the "application period") – (a) commencing on the commencement date of the eligible transaction to which the application relates; and (b) ending 12 months after the completion of the eligible transaction to which the application relates. (6) However, the Commissioner has a discretion to allow an application before or after the application period. (7) An applicant may, with the Commissioner's consent, amend an application. 15. All interested persons to join in application (1) All interested persons must be applicants. (2) An interested person is a person who is, or will be, on completion of the eligible transaction to which the application relates, an owner of the relevant home except such a person who is excluded from the application of this section under the regulations. 16. Application on behalf of person under legal disability (1) An application may be made on behalf of a person under a legal disability by a guardian. (2) For the purpose of determining eligibility, the person under the legal disability is to be regarded as the applicant. Division 5 - Decision on application 17. Commissioner to decide applications (1) If the Commissioner is satisfied that a first home owner grant is payable on an application, the Commissioner must authorise the payment of the grant. (2) The Commissioner may authorise the payment of a first home owner grant before completion of the eligible transaction if satisfied that – (a) there are good reasons for doing so; and (b) the interests of the State can be adequately protected by conditions requiring repayment of the grant if the transaction is not completed within a reasonable time. 18. Amount of grant (1) The amount of a first home owner grant is the lesser of the following: (a) the consideration for the eligible transaction; (b) the amount specified in subsection (2) . Note: Where the consideration is zero, a grant is not payable. (2) For subsection (1)(b) – (a) if the first home owner grant relates to an eligible transaction that satisfies section 18A , the amount is $15 000; or (ab) if the first home owner grant relates to an eligible transaction that satisfies section 18B , the amount is $30 000; or (ac) if the first home owner grant relates to an eligible transaction that satisfies section 18C , the amount is $20 000; or (ad) if the first home owner grant relates to an eligible transaction that satisfies section 18D , the amount is $20 000; or (ae) if the first home owner grant relates to an eligible transaction that satisfies section 18E , the amount is $20 000; or (af) if the first home owner grant relates to an eligible transaction that satisfies section 18F , the amount is $20 000; or (ag) if the first home owner grant relates to an eligible transaction that satisfies section 18G , the amount is $20 000; or (ah) if the first home owner grant relates to an eligible transaction that satisfies section 18H , the amount is $20 000; or (ai) if the first home owner grant relates to an eligible transaction that satisfies section 18I , the amount is $30 000; or (aj) if the first home owner grant relates to an eligible transaction that satisfies section 18J , the amount is $30 000; or (ak) if the first home owner grant relates to an eligible transaction that satisfies section 18K , the amount is $30 000; or (b) if the first home owner grant relates to an eligible transaction that does not satisfy section 18A, 18B, 18C, 18D, 18E, 18F, 18G, 18H, 18I, 18J or 18K, the amount is – (i) if the eligible transaction commenced on or before 30 June 2015, $7 000; and (ii) if the eligible transaction commenced on or after 1 July 2015, $10 000. 18A. Conditions on increase of grant (1) In this section – commencement of building means the date of completion of the laying of the foundations for the building or, if no foundations are to be laid, a date determined by the Commissioner; contract for an off-the-plan purchase, in relation to a new home, means a contract for both – (a) the purchase of land, or an interest in land; and (b) the construction of a new home on that land. (2) An eligible transaction satisfies this section if – (a) the commencement date of the eligible transaction is on or after 1 January 2013 but before 7 November 2013; and (b) where the eligible transaction is – (i) a comprehensive home building contract for a new home – (A) the commencement of building under the comprehensive home building contract occurs within 26 weeks of the date of the contract; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building under the comprehensive home building contract; or (ii) the building of a new home by an owner builder – (A) the commencement of building occurs on or after 1 January 2013 but before 7 November 2013; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building; or (iii) a contract for an off-the-plan purchase of a new home – (A) the commencement of building occurs on or after 1 January 2013 but before 7 November 2013; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building; or (iv) a contract for the purchase of a new home, the eligible transaction is completed in accordance with section 13(5) . (2A) If satisfied there are good reasons to do so and if a request by the applicant is made before a decision on the application has been reversed or varied under section 23 , the Commissioner may – (a) extend the period referred to in subsection (2) for the commencement of building notwithstanding that that period has expired; or (b) extend the period referred to in subsection (2) for the eligible transaction to complete notwithstanding that that period has expired. (3) Despite subsection (2) , an eligible transaction does not satisfy this section if the Commissioner considers that the eligible transaction replaces a transaction, entered into before 1 January 2013, for the same property between substantially, or that benefits substantially, the same parties. (4) For the avoidance of doubt, a payment under this Act of $15 000 that – (a) was made in anticipation of Part 3 of the Jobs Package (Miscellaneous Amendments) Act 2013 receiving the Royal Assent; and (b) was made after 1 January 2013 but before Part 3 of the Jobs Package (Miscellaneous Amendments) Act 2013 received the Royal Assent – is taken to be a first home owner grant payment for the purposes of this Act. 18B. Conditions on further increase of grant (1) In this section – commencement of building means the date of completion of the laying of the foundations for the building or, if no foundations are to be laid, a date determined by the Commissioner; contract for an off-the-plan purchase, in relation to a new home, means a contract for both – (a) the purchase of land, or an interest in land; and (b) the construction of a new home on that land. (2) An eligible transaction satisfies this section if – (a) the commencement date of the eligible transaction is on or after 7 November 2013 but before 1 January 2015; and (b) where the eligible transaction is – (i) a comprehensive home building contract for a new home – (A) the commencement of building under the comprehensive home building contract occurs within 26 weeks of the date of the contract; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building under the comprehensive home building contract; or (ii) the building of a new home by an owner builder – (A) the commencement of building occurs on or after 7 November 2013 but before 1 January 2015; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building; or (iii) a contract for an off-the-plan purchase of a new home – (A) the commencement of building occurs on or after 7 November 2013 but before 1 January 2015; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building; or (iv) a contract for the purchase of a new home, the eligible transaction is completed in accordance with section 13(5) . (3) If satisfied there are good reasons to do so and if a request by the applicant is made before a decision on the application has been reversed or varied under section 23 , the Commissioner may – (a) extend the period referred to in subsection (2) for the commencement of building notwithstanding that that period has expired; or (b) extend the period referred to in subsection (2) for the eligible transaction to complete notwithstanding that that period has expired. (4) Despite subsection (2) , an eligible transaction does not satisfy this section if the Commissioner considers that the eligible transaction replaces a transaction, entered into before 7 November 2013, for the same property between substantially, or that benefits substantially, the same parties. (5) For the avoidance of doubt, a payment of $30 000 that – (a) was made in anticipation of the First Home Owner Grant Amendment Act 2014 receiving the Royal Assent; and (b) was made on or after 7 November 2013 but before the First Home Owner Grant Amendment Act 2014 received the Royal Assent – is taken to be a first home owner grant payment for the purposes of this Act. 18C. Conditions on increase of grant (1) In this section – commencement of building means the date of completion of the laying of the foundations for the building or, if no foundations are to be laid, a date determined by the Commissioner; contract for an off-the-plan purchase, in relation to a new home, means a contract for both – (a) the purchase of land, or an interest in land; and (b) the construction of a new home on that land. (2) An eligible transaction satisfies this section if – (a) the commencement date of the eligible transaction is on or after 1 January 2015 but before 1 January 2016; and (b) where the eligible transaction is – (i) a comprehensive home building contract for a new home – (A) the commencement of building under the comprehensive home building contract occurs within 26 weeks of the date of the contract; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building under the comprehensive home building contract; or (ii) the building of a new home by an owner builder – (A) the commencement of building occurs on or after 1 January 2015 but before 1 January 2016; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building; or (iii) a contract for an off-the-plan purchase of a new home – (A) the commencement of building occurs on or after 1 January 2015 but before 1 January 2016; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building; or (iv) a contract for the purchase of a new hom