Australian Capital Territory
First Home Owner Grant Act 2000    
A2000-23
Republication No 16
Effective:  27 December 2007 – 18 May 2008
Republication date: 27 December 2007
Last amendment made by A2007-39

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the First Home Owner Grant Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 December 2007.  It also includes any amendment, repeal or expiry affecting the republished law to 27 December 2007.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
First Home Owner Grant Act 2000

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
	3A	Offences against Act—application of Criminal Code etc	3
	4	Homes	3
	5	Ownership of land and homes	3
	6	Partner of applicant	5
Part 2	First home owner grant
Division 2.1	Entitlement to grant
	7	Entitlement to grant	6
Division 2.2	Eligibility criteria for applicants
	8	Criterion 1—Applicant to be an individual	6
	8A	Criterion 1A—Applicant to be at least 18 years old	6
	9	Criterion 2—Applicant to be Australian citizen or permanent resident	7
	10	Criterion 3—Applicant (or applicant’s partner) must not have received an earlier grant	7
	11	Criterion 4—Applicant (or applicant’s partner) must not have had relevant interest in residential property	8
	12	Criterion 5—Residence requirements	9
Division 2.3	Eligible transactions
	13	Meaning of eligible transaction etc	10
Division 2.4	Application for grant
	14	Application for grant	12
	15	All interested persons to join in application	13
	16	Application on behalf of person under legal disability	13
Division 2.5	Decision on application
	17	Commissioner to decide applications	14
	18	Amount of grant	14
	19	Payment of grant	14
	20	Payment in anticipation of compliance with residence requirements	15
	21	Conditions generally	15
	22	Death of applicant	16
	23	Power to correct decision	17
	24	Notification of decision	17
Division 2.6	Objections and appeals
	25	Objections	17
	26	Grounds for objection	18
	27	Time for making objection	18
	28	Objections made out of time	18
	29	Decision on objection	19
	30	Notice of decision	19
	31	Appeal	19
	32	Giving effect to decision on appeal	19
Part 3	Administration
Division 3.1	Administration generally
	33	Administration	21
	34	Authorised officers	21
	35	Identity cards	21
	36	Administration agreements	22
Division 3.2	Investigations
	37	Authorised investigations	22
	38	Cross-border investigation	23
	39	Power to require information, records or other documents or attendance for examination	23
	40	Powers of entry and inspection	24
	41	Search warrant	25
	42	Use and inspection of documents and records produced or seized	26
	43	Privileges against selfincrimination and exposure to civil penalty	26
	45	Failing to comply with requirement of authorised officer	27
Part 4	Miscellaneous
	47	Power to require repayment and impose penalty	28
	48	Interest in relation to repayments	28
	49	Power to recover amount paid in error etc	29
	50	Secrecy	30
	51	Evidence	31
	52	Protection of officers etc	32
	53	Application of certain provisions of Taxation Administration Act	32
	54	Determination of fees	33
	55	Approved forms	33
	56	Regulation-making power	33
Dictionary		34
Endnotes
	1	About the endnotes	37
	2	Abbreviation key	37
	3	Legislation history	38
	4	Amendment history	40
	5	Earlier republications	43

Australian Capital Territory
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

    

Part 1	Preliminary
     
1	Name of Act
This Act is the First Home Owner Grant Act 2000.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘identity card—see the Taxation Administration Act 1999, dictionary.’ means that the term ‘identity card’ is defined in that dictionary and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3A	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
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 a relevant interest in land:
	(a)	a leasehold interest in the land granted by the Commonwealth;
	(b)	a life estate in the land approved by the commissioner;
	(c)	a licence or right of occupancy granted by the Commonwealth that gives, in the commissioner’s opinion, the licensee or the holder of the right reasonable security of tenure;
	(d)	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 particular 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)	However—
	(a)	an interest is not a relevant interest in land 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 land in the hands of a person who holds it subject to a trust; and
	(c)	an equitable interest is not a relevant interest in land unless it is the interest of a person under a legal disability for whom a guardian holds the interest on trust.
	(4)	Despite subsections (2) and (3), the regulations may provide for recognition of an interest (a noncomplying interest) as a relevant interest in land—
	(a)	even though the interest may not comply with the subsections; and
	(b)	even though the interest may not be recognised at law or in equity as an interest in land.
	(5)	If a first home owner grant is to be paid because of the recognition of a noncomplying interest as a relevant interest in land, the commissioner may impose appropriate conditions on the payment of the grant to ensure its recovery if criteria prescribed under the regulations about future conduct or events are not satisfied.
6	Partner of applicant
	(1)	A person is the partner of the applicant if the person is the applicant’s domestic partner.
Note	For the meaning of domestic partner, see Legislation Act, s 169.
	(2)	However, the person to whom an applicant is legally married is not to be regarded as the applicant’s partner if the commissioner is satisfied that, at the time of deciding the application for a first home owner grant, the applicant—
	(a)	is not living with the person; and
	(b)	has no intention of resuming living with the person.

Part 2	First home owner grant
Division 2.1	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 under this Act.
	(3)	Only 1 first home owner grant is payable for the same eligible transaction.
Division 2.2	Eligibility criteria for applicants
8	Criterion 1—Applicant to be an individual
An applicant for a first home owner grant must be an individual.
8A	Criterion 1A—Applicant to be at least 18 years old
	(1)	An applicant for a first home owner grant must be at least 18 years old.
	(2)	However, if the commissioner is satisfied there are good reasons to do so, the commissioner may exempt the applicant from the requirement to be at least 18 years old.
9	Criterion 2—Applicant to be Australian citizen or permanent resident
	(1)	An applicant for a first home owner grant must be an Australian citizen or permanent resident.
	(2)	However, if an application is made by joint applicants and 1 of the applicants is an Australian citizen or 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 partner) must not have received an earlier grant
	(1)	An applicant is ineligible if—
	(a)	the applicant or the applicant’s 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, the applicant is not ineligible if the grant was paid but later paid back under the conditions on which the grant was made.
	(3)	An applicant is also ineligible if the applicant or the applicant’s partner—
	(a)	could have successfully applied for a first home owner grant under this Act or a corresponding law in relation to 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 permanent resident, have successfully applied for a first home owner grant under this Act or a corresponding law in relation to an earlier transaction to which he or she was a party.
11	Criterion 4—Applicant (or applicant’s partner) must not have had relevant interest in residential property
	(1)	An applicant is ineligible if the applicant or the applicant’s partner has, before 1 July 2000, held—
	(a)	a relevant interest in residential property in the ACT; or
	(b)	an interest in residential property in a State that is a relevant interest under the corresponding law of the State.
	(2)	In working out for section (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, before the commencement date of the eligible transaction to which the application relates, the applicant or the applicant’s partner—
	(a)	held a relevant interest in residential property in the ACT or an interest in residential property in a State that is a relevant interest under the corresponding law of the State; and
	(b)	occupied the property as a place of residence.
	(4)	However, for subsection (3), the applicant or the applicant’s partner is taken not to have used the property as the residence of the applicant or the applicant’s partner if—
	(a)	the property was the subject of an earlier application under this Act by the applicant; and
	(b)	a first home owner grant was paid under the earlier application; and
	(c)	the applicant repaid the grant because of a failure to comply with section 12 in relation to the earlier application.
	(5)	In this section:
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.
12	Criterion 5—Residence requirements
	(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.
	(2)	However, if the commissioner is satisfied there are good reasons to do so, the commissioner may—
	(a)	approve a shorter period; or
	(b)	exempt the applicant from the requirement to comply with subsection (1).
	(3)	The period of occupation required under subsection (1), or the shorter period approved under subsection (2) (a), must start within 1 year after completion of the eligible transaction to which the application relates or a longer period approved by the commissioner.
	(4)	The commissioner may exempt the applicant (the noncomplying applicant) from the requirement to comply with subsection (3) if—
	(a)	the applicant is 1 of 2 or more joint applicants for a first home owner grant; and
	(b)	at least 1 of the applicants complies with the requirement; and
	(c)	there are, in the commissioner’s opinion, good reasons to exempt the noncomplying applicant from the requirement.
Division 2.3	Eligible transactions
13	Meaning of eligible transaction etc
	(1)	An eligible transaction is—
	(a)	a contract for the purchase of a home in the ACT made on or after 1 July 2000; or
	(b)	a comprehensive home building contract made on or after 1 July 2000 by the owner of land in the ACT, or a person who will on completion of the contract be the owner of land in the ACT, to have a home built on the land; or
	(c)	the building of a home in the ACT by an owner-builder if the building work begins on or after 1 July 2000.
	(2)	However, 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)	for 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)	for a comprehensive building contract—either party had a right or option granted before 1 July 2000 to require the other to enter into the contract.
	(3)	The commencement date of an eligible transaction is—
	(a)	for a contract—the date when the contract is made; or
	(b)	for the building of a home by an owner-builder—
	(i)	the date when laying the foundations for the home begins; or
	(ii)	another date the commissioner considers appropriate in the circumstances of the case.
	(4)	Subject to any qualifications prescribed under the regulations, an eligible transaction is completed when—
	(a)	for 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)	for a contract to have a home built—the building is ready for occupation as a place of residence; or
	(c)	for the building of a home by an owner-builder—the building is ready for occupation as a place of residence.
Note	For when certain transactions related to moveable buildings are completed, see s (5).
	(5)	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.
	(6)	The consideration for an eligible transaction is—
	(a)	for a contract for the purchase of a home—the consideration for the purchase; or
	(b)	for a comprehensive home building contract—the total consideration payable for the building work; or
	(c)	for 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).
	(7)	In this section:
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.
contract for the purchase of a home means a contract for the acquisition of a relevant interest in land on which a home is built.
option to purchase includes a right of pre-emption or a right of first refusal.
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.
Note	For when a person is taken to be an owner-builder in relation to a moveable building, see s (5).
Division 2.4	Application for grant
14	Application for grant
	(1)	An application for a first home owner grant is to be made to the commissioner.
Note 1	If a form is approved under s 55 (Approved forms) for an application, the form must be used.
Note 2	For how documents may be given, see Legislation Act, pt 19.5.
	(2)	An applicant must provide the commissioner with any information the commissioner requires to decide the application.
	(3)	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.
	(4)	An application may only be made within a period (the application period)—
	(a)	beginning on the commencement date of the eligible transaction to which the application relates; and
	(b)	ending 1 year after the completion of the eligible transaction to which the application relates.
	(5)	However, the commissioner has a discretion to allow an application before or after the application period.
	(6)	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 deciding eligibility, the person under the legal disability is to be regarded as the applicant.
Division 2.5	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 Territory 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
	The amount of a first home owner grant is the lesser of the following:
	(a)	the consideration for the eligible transaction;
	(b)	$7 000.
19	Payment of grant
	(1)	A first home owner grant is to be paid by electronic funds transfer, by cheque or in any other way the commissioner considers appropriate.
	(2)	A first home owner grant is to be paid—
	(a)	to the applicant; or
	(b)	to someone else to whom the applicant directs in writing that the grant be paid.
20	Payment in anticipation of compliance with residence requirements
	(1)	The commissioner may authorise payment of a first home owner grant in anticipation of compliance with the residence requirements if the commissioner is satisfied that each applicant intends to comply with the residence requirements.
	(2)	If a first home owner grant is paid in anticipation of compliance with the residence requirements, the payment is made on condition that, if the residence requirements are not complied with, the applicant must within 14 days after the relevant date—
	(a)	give written notice of that fact to the commissioner; and
	(b)	repay the amount of the grant.
	(3)	The relevant date is the earlier of the following:
	(a)	the end of the period allowed for compliance with the residence requirements;
	(b)	the date it first becomes apparent that the residence requirements will not be complied with during the period allowed for compliance.
	(4)	If a first home owner grant is paid to a person on the condition mentioned in subsection (2), the person must comply with the condition.
Maximum penalty:  50 penalty units.
	(5)	An offence against this section is a strict liability offence.
21	Conditions generally
	(1)	The commissioner may authorise the payment of a first home owner grant on conditions the commissioner considers appropriate.
	(2)	A condition imposed by the commissioner (under this section or any other provision of this Act) may require a person on whose application the first home owner grant is paid—
	(a)	to give notice of noncompliance with the condition within a period stated in the condition; and
	(b)	to repay the grant within a period stated in the condition.
	(3)	For a joint application, each applicant is individually liable to comply with a requirement under subsection (2) but compliance by any of them is to be regarded as compliance by all.
	(4)	If a first home owner grant is paid to a person on a condition imposed by the commissioner under this section or another provision of this Act, the person must comply with the condition.
Maximum penalty:  50 penalty units.
	(5)	An offence against this section is a strict liability offence.
22	Death of applicant
	(1)	An application for a first home owner grant does not lapse because an applicant dies before the application is decided.
	(2)	If an applicant dies before the application is decided, the following provisions apply:
	(a)	if the deceased applicant was one of 2 or more applicants and 1 or more applicants survive—the application is to be dealt with as if the surviving applicants were the sole applicants;
	(b)	in any other case—a first home owner grant, if payable on the application, is to be paid to the estate of the deceased applicant.
	(3)	A deceased applicant for a first home owner grant is taken to have complied with section 12 (Criterion 5—Residence requirements) if—
	(a)	the applicant had not, when the applicant died, complied with that section; and
	(b)	the commissioner is satisfied the applicant intended to comply with that section.
23	Power to correct decision
	(1)	If the commissioner decides an application, and is later satisfied (independently of an objection under this Act) that the decision is incorrect, the commissioner may vary or reverse the decision.
	(2)	A decision cannot be varied or reversed under this section more than 5 years after it was made.
24	Notification of decision
	(1)	If the commissioner decides an application (or decides to vary or reverse an earlier decision on an application), the commissioner must give the applicant notice of the decision.
	(2)	If the decision is to authorise the payment of a first home owner grant without conditions, the payment of the grant is sufficient notice of the decision.
	(3)	If the decision is to refuse an application, or to vary or reverse an earlier decision on an application, the commissioner must state in the notice the reasons for the decision.
Division 2.6	Objections and appeals
25	Objections
	(1)	An applicant may give a written objection to the commissioner if the applicant is dissatisfied with the commissioner’s decision in any way.	
Note 1	For how documents may be given, see Legislation Act, pt 19.5.
Note 2	A fee may be determined under s 54 (Determination of fees) for this section.
	(2)	The commissioner must refund any fee paid in relation to the objection if—
	(a)	the commissioner allows the objection in whole or in part; or
	(b)	the applicant applies to the administrative appeals tribunal for review of the commissioner’s decision on the objection and—
	(i)	the tribunal or a court hearing an appeal on the matter upholds the objection in whole or in part; and
	(ii)	the period when any further appeal can be made has ended; and
	(iii)	neither the applicant nor the commissioner has appealed against the decision in relation to a part of the objection that was upheld.
26	Grounds for objection
	(1)	The grounds for the objection must be stated fully and in detail and must be in writing.
	(2)	The burden of showing that the objection should be upheld lies with the applicant.
27	Time for making objection
The objection must be given to the commissioner not later than 60 days after notice of the decision objected to is given to the applicant.
28	Objections made out of time
	(1)	The commissioner may permit the applicant to make an objection after the 60-day period.
	(2)	If the applicant wishes to make the objection after the 60-day period, the applicant must state fully and in detail, in writing, the circumstances concerning and the reasons for the failure to make the objection within the period.
	(3)	The commissioner may give permission unconditionally or subject to conditions or may refuse permission.
	(4)	The commissioner must give notice to the applicant of the commissioner’s decision.
Note	If a form is approved under s 55 (Approved forms) for a notice, the form must be used.
	(5)	If the commissioner does not give permission unconditionally, the commissioner must include in the notice an explanation for refusing to give permission or for imposing conditions on the permission.
29	Decision on objection
The commissioner must consider the objection and either allow the objection in whole or in part or disallow the objection.
30	Notice of decision
	(1)	The commissioner must give notice to the objector of the commissioner’s decision on the objection.
Note	If a form is approved under s 55 (Approved forms) for a notice, the form must be used.
	(2)	If the objection is not upheld, the commissioner must, in the notice, give an explanation for disallowing an objection or for allowing an objection in part only.
31	Appeal
If the applicant is dissatisfied with the commissioner’s decision on the objection, the applicant may apply to the administrative appeals tribunal for a review of the decision.
32	Giving effect to decision on appeal
	(1)	Within 60 days after a decision by the administrative appeals tribunal becomes final, the commissioner must take any action that is necessary to give effect to the decision.
	(2)	For this section, a decision by the tribunal becomes final when a period of 30 days has passed after a relevant decision and no appeal against the decision has been instituted within that period.
	(3)	In this section:
relevant decision means—
	(a)	the decision of the tribunal; or
	(b)	a decision by a court hearing an appeal from—
	(i)	the decision of the tribunal; or
	(ii)	a decision of a lower court in relation to the decision of the tribunal.

Part 3	Administration
Division 3.1	Administration generally
33	Administration
The commissioner is responsible to the Minister for the administration of the first home owner grant scheme.
34	Authorised officers
	(1)	A person is an authorised officer for this Act if the person is an authorised officer under the Taxation Administration Act 1999, section 79.
	(2)	For this Act, a notice may be issued by the commissioner under the Taxation Administration Act 1999, section 79 (3) to a person who is engaged in the administration of a corresponding law.
	(3)	A person to whom the commissioner delegates functions under division 3.2 is an authorised officer for this Act and the Taxation Administration Act 1999.
Note	The commissioner’s power of delegation is in the Taxation Administration Act 1999, s 78.
35	Identity cards
	(1)	An identity card issued to a person under the Taxation Administration Act 1999, section 80 (1) may state that the person is an authorised officer for the purposes of this Act.
Note	Section 80 (1) requires an identity card to be issued to each authorised person.
	(2)	This section is additional to, and does not limit, the Taxation Administration Act 1999, section 80.
36	Administration agreements
	(1)	Without limiting the Taxation Administration Act 1999, section 78, the commissioner may enter into an agreement (an administration agreement) with a financial institution or anyone else under which—
	(a)	the commissioner delegates under that section functions related to the administration of the first home owner grant scheme; and
	(b)	the financial institution or other person is required to carry out the delegated functions in accordance with stated conditions.
Note	Under the Taxation Administration Act 1999, s 78 the commissioner may delegate to any person any function of the commissioner under that or any other Act.
	(2)	The conditions of an administration agreement may include conditions prescribed under the regulations.
	(3)	If an administration agreement with a financial institution or anyone else includes a condition prescribed by regulation, the financial institution or other person must comply with the condition.
Maximum penalty:  50 penalty units.
	(4)	An offence against this section is a strict liability offence.
	(5)	The commissioner may, at any time, revoke an administration agreement, including any delegation included in the agreement.
Division 3.2	Investigations
37	Authorised investigations
An authorised investigation is an investigation to decide—
	(a)	whether an application under this Act or a corresponding law for a first home owner grant has been properly made; or
	(b)	whether an objection to a decision made under this Act or a corresponding law should be upheld; or
	(c)	whether an applicant to whom, or for whose benefit, a first home owner grant has been paid under this Act or a corresponding law was eligible for the grant; or
	(d)	whether a condition on which a first home owner grant has been paid under this Act or a corresponding law has been complied with; or
	(e)	anything else reasonably related to the administration or enforcement of this Act or a corresponding law.
38	Cross-border investigation
	(1)	The commissioner may, at the request of an authority responsible for administering a corresponding law, carry out an authorised investigation for the corresponding law.
	(2)	The commissioner may, under the Taxation Administration Act 1999, section 78, delegate powers of investigation under this division to the authority responsible for the administration of a corresponding law, or a person nominated by that authority.
	(3)	Subsection (2) does not limit the Taxation Administration Act 1999, section 78.
39	Power to require information, records or other documents or attendance for examination
	(1)	The commissioner may, for an authorised investigation, by written notice given to a person, require the person—
	(a)	to provide to the commissioner (either orally or in writing) information that is described in the notice; or
	(b)	to attend and give evidence before an authorised officer; or
	(c)	to produce to the commissioner a record or other document described in the notice that is in the person’s custody or control.
Note	For how documents may be given, see Legislation Act, pt 19.5.
	(2)	The commissioner—
	(a)	may state whether information or evidence to be provided or given under this section must be given orally or in writing; and
	(b)	may require any information or evidence given in writing to be in the form of, or verified by, a statutory declaration; and
	(c)	may require any information or evidence given orally to be given on oath or affirmation.
	(3)	A person commits an offence if the person—
	(a)	fails to comply with the requirements of a notice under this section within the period stated in the notice or any further period allowed by the commissioner; or
	(b)	fails to comply with any other requirement of the commissioner about the giving of evidence or how information or evidence is to be provided or given under this section.
Maximum penalty:  50 penalty units.
	(4)	Subsection (3) does not apply if the person has a reasonable excuse for failing to comply with the requirement.
	(5)	An offence against this section is a strict liability offence.
40	Powers of entry and inspection
	(1)	An authorised officer may, for an authorised investigation, enter and inspect any premises at any reasonable time and do any of the following:
	(a)	remain on the premises;
	(b)	examine all documents and seize and remove, or take copies of or extracts from, any document on behalf of the commissioner;
	(c)	require anyone on the premises to answer questions or otherwise provide information;
	(d)	require anyone on the premises to give access to any document in the person’s custody or control, and to—
	(i)	produce or display the document; or
	(ii)	provide a copy of the document or a version of it in some form other than that in which it is normally kept;
in any printed, electronic or other form that it is reasonably practicable to provide;
	(e)	require the owner or occupier of the premises to provide the authorised officer with such assistance and facilities as are reasonably necessary to enable the authorised officer to exercise powers under this division.
	(2)	An authorised officer who enters premises under subsection (1) and is requested by the occupier to identify himself or herself is only authorised to remain on the premises if the authorised officer produces his or her identity card to the occupier.
	(3)	The powers of entry and inspection under this section must not be exercised in relation to premises, or a part of premises, used for residential purposes except with the consent of the owner or occupier of the premises or part.
	(4)	In this section:
occupier, of premises, includes a person apparently in charge of or responsible for the premises.
41	Search warrant
	(1)	If a magistrate is satisfied, on the application of the commissioner supported by an affidavit or other sworn evidence, that there is a reasonable ground for suspecting that a document relevant to an authorised investigation may be found in particular premises, the magistrate may issue a warrant authorising an authorised officer together with any assistants named or described in the warrant—
	(a)	to enter those premises, using such force as is necessary for the purpose; and
	(b)	to search the premises and to break open and search anything in the premises in which a document may be stored or concealed; and
	(c)	to seize or remove, on behalf of the commissioner, any document that appears to be relevant to the authorised investigation.
	(2)	The powers given by this section are additional to, and do not limit, any other powers given by law.
42	Use and inspection of documents and records produced or seized
	(1)	This section applies to a document that has been produced to the commissioner or seized and removed by an authorised officer.
	(2)	The document may be kept for as long as is necessary to enable it to be inspected and copies of or extracts or notes from it to be made.
	(3)	If the document is required by the commissioner as evidence for a legal proceeding, it may be kept until the proceedings are finally decided.
	(4)	The commissioner must permit a person who would be entitled to inspect the document if it were not in the commissioner’s possession to inspect the document at any reasonable time.
	(5)	This section does not affect any lien a person has on the document.
43	Privileges against selfincrimination and exposure to civil penalty
	(1)	This section applies if a person is required to answer a question, give information or produce a document under section 39.
	(2)	The person cannot rely on the common law privileges against selfincrimination and exposure to the imposition of a civil penalty to refuse to answer the question, give the information or produce the document.
Note	The Legislation Act, s 171 deals with client legal privilege.
	(3)	However, any information, document or other thing obtained, directly or indirectly, because of the answering of the question, giving of the information or producing of the document, is not admissible in evidence against the person in a criminal proceeding, other than a proceeding for—
	(a)	an offence in relation to the failure to answer the question, give the information or produce the document; or
	(b)	any offence in relation to the falsity or the misleading nature of the answer, information or document.
45	Failing to comply with requirement of authorised officer
	(1)	A person must comply with a requirement made of the person by an authorised officer under this division.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	A person does not commit an offence against this section arising from the entry of an authorised officer into premises unless the prosecution establishes that, at the material time, the authorised officer had—
	(a)	identified himself or herself as an authorised officer; and
	(b)	warned the person that a failure to comply with the requirement was an offence.

Part 4	Miscellaneous
    
47	Power to require repayment and impose penalty
	(1)	The commissioner may, by written notice, require an applicant (or former applicant) for a first home owner grant to repay an amount paid on the application if—
	(a)	the amount was paid in error; or
	(b)	the commissioner reverses the decision under which the amount was paid for any other reason.
	(2)	If, because of an applicant’s dishonesty, an amount is paid by way of a first home owner grant, the commissioner may, by the notice in which repayment is required or a separate notice, impose a penalty of not more than the amount the applicant is required to repay.
	(3)	If an applicant (or former applicant) for a first home owner grant fails to make a repayment required under this section or the conditions of the grant, the commissioner may, by written notice, impose a penalty of not more than the amount the applicant is required to repay.
	(4)	If an amount is paid in error on an application for a first home owner grant to a third party, the commissioner may, by written notice, require the third party to repay the amount to the commissioner.
48	Interest in relation to repayments
	(1)	A person is liable to pay interest under this section on the amount of a first home owner grant paid to the person if the amount is repayable under section 20 (2) (b).
	(2)	A person is liable to pay interest under this section on an amount paid to the person on an application for a first home owner grant if the amount is repayable under section 47.
	(3)	Interest under this section is to be calculated on a daily basis from—
	(a)	if the amount is repayable under section 20 (2) (b)—the relevant date as defined in section 20 (3); or
	(b)	if the amount is repayable under section 47 (1)—the date the amount was paid to the applicant.
	(4)	For this section, the interest rate is the interest rate mentioned in the Taxation Administration Act 1999, section 26.
49	Power to recover amount paid in error etc
	(1)	This section applies to the following amounts:
	(a)	an amount that an applicant (or former applicant) for a first home owner grant is required to repay under the conditions of the grant or by requirement of the commissioner under this Act;
	(b)	the amount of a penalty imposed on an applicant (or former applicant) for a first home owner grant;
	(c)	an amount a third party is required to repay by requirement of the commissioner under this Act;
	(d)	interest the applicant is required to pay under section 48.
	(2)	The liability arising from a requirement to pay (or repay) an amount to which this section applies is joint and several if the requirement attaches to 2 or more persons.
	(3)	If an applicant who is liable to pay an amount to which this section applies has an interest in the home for which the first home owner grant was sought, the liability is a first charge on the applicant’s interest in the home.
	(4)	The commissioner may recover an amount to which this section applies as a debt to the Territory.
	(5)	The commissioner may enter into an arrangement (which may include provision for the payment of interest) for payment of a liability outstanding under this section by instalments.
	(6)	The commissioner may remit or refund all or part of an amount of interest paid or payable by a person.
	(7)	The commissioner may write off the whole or part of a liability to pay an amount to which this section applies if satisfied that action, or further action, to recover the amount outstanding is impracticable or unwarranted.
50	Secrecy
	(1)	In this section:
person to whom this section applies means a person who—
	(c)	is, or has been, engaged in work related to the administration of this Act; or
	(d)	has obtained access to protected information (directly or indirectly) from a person who is, or has been, engaged in work related to the administration of this Act.
protected information means information about an applicant for a first home owner grant that is disclosed to, or obtained by, a person to whom this section applies in the course of work related to the administration of this Act.
	(2)	A person to whom this section applies commits an offence if the person—
	(a)	does something that discloses protected information about someone else; and
	(b)	is reckless about whether—
	(i)	the information is protected information about someone else; and
	(ii)	doing the thing would result in the information being disclosed.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	This section does not apply if the information is disclosed—
	(a)	under this Act or another territory law; or
	(b)	in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or
	(c)	in relation to the administration or enforcement of—
	(i)	a corresponding law; or
	(ii)	a law of the Commonwealth, a State or another Territory for the assessment or imposition of a tax; or
	(d)	with the consent of the person to whom the information relates or a person acting for that person; or
	(e)	for the purpose of a legal proceeding; or
	(f)	as authorised by regulation.
51	Evidence
	(1)	A certificate signed by the commissioner stating that a first home owner grant was paid to a person named in the certificate on a stated date is admissible in legal proceedings as evidence of the payment.
	(2)	A copy of a notice issued by the commissioner imposing a penalty under this Act is admissible in legal proceedings as evidence of the imposition of the penalty.
	(3)	A copy of a notice issued by the commissioner requiring the payment or repayment of a stated amount is admissible in legal proceedings as evidence—
	(a)	that the requirement was made; and
	(b)	that the amount stated in the notice was outstanding at the date of the notice.
52	Protection of officers etc
	(1)	This section applies to—
	(a)	the commissioner; and
	(b)	an authorised officer; and
	(c)	a delegate of the commissioner who works in an administrative unit of the public service.
	(2)	No personal liability attaches to a person to whom this section applies for an honest act or omission in the exercise, or purported exercise, of functions under this Act.
	(3)	A liability that would, apart from subsection (2), lie against a person to whom this section applies lies against the Territory.
53	Application of certain provisions of Taxation Administration Act
	(1)	The following sections of the Taxation Administration Act 1999 apply to this Act as if it were a tax law within the meaning of that Act:
	(a)	section 127 (Service of documents on commissioner);
	(b)	section 128 (Day of service of document or payment of money);
	(c)	section 129 (Service of documents by commissioner).
	(2)	This section does not, by implication, limit the application to this Act of any other provision of the Taxation Administration Act 1999.
54	Determination of fees
	(1)	The Minister may determine fees for this Act.
	(2)	A determination under this section is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
55	Approved forms
	(1)	The commissioner may approve forms for this Act.
Note	For other provisions about forms, see Legislation Act, s 255.
	(2)	If the commissioner approves a form for a particular purpose, the approved form must be used for that purpose.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
56	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act, dict, pt 1, defines the following terms:
·	administrative unit
·	commissioner for revenue
·	contravene
·	corporation
·	exercise
·	fail
·	function
·	penalty unit
·	State
·	writing.
Australian citizen means a person who is an Australian citizen under the Australian Citizenship Act 1948 (Cwlth).
authorised investigation—see section 37.
authorised officer—see section 34.
building includes part of a building.
commencement date, of an eligible transaction—see section 13 (3) and (5).
commissioner means the commissioner for revenue.
completed, for an eligible transaction—see section 13 (4).
consideration, for an eligible transaction—see section 13 (6).
corresponding law means an Act of a State corresponding to this Act.
eligibility criteria means the criteria for deciding whether an applicant for a first home owner grant is eligible for the grant (see division 2.2).
eligible transaction—see section 13 (1) and (2).
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.
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.
home owner—see section 5 (1).
identity card—see the Taxation Administration Act 1999, dictionary.
owner means—
	(a)	of land—a person who has a relevant interest in the land; or
	(b)	of a home—see section 5 (1).
partner, of an applicant—see section 6.
permanent resident means—
	(a)	a person who holds a permanent visa for the Migration Act 1958 (Cwlth), section 30; or
	(b)	a New Zealand citizen who holds a special category visa under the Migration Act 1958 (Cwlth), section 32.
relevant interest in land—see section 5 (2), (3) and (4).
residence requirements means—
	(a)	the requirement—
	(i)	under section 12 (1), 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
	(ii)	under section 12 (1) and (2) (a), 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 shorter period approved by the commissioner; and
	(b)	the requirement under section 12 (3) that the period of occupation required under section 12 (1), or section 12 (1) and (2) (a), must start within 1 year after completion of the eligible transaction or a longer period approved by the commissioner.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
First Home Owner Grant Act 2000 No 23
notified 15 June 2000 (Gaz 2000 No 24)
s 1, s 2 commenced 15 June 2000 (IA s 10B)
remainder commenced 1 July 2000 (s 2)
as amended by 
Treasury and Infrastructure Legislation Amendment Act 2000 No 78 s 3
notified 21 December 2000 (Gaz 2000 No S69)
s 1, s 2 commenced 21 December 2000 (IA s 10B)
s 3 commenced 1 July 2000 (s 2 (1))
Legislation (Consequential Amendments) Act 2001 No 44 pt 154
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 154 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
First Home Owner Grant Amendment Act 2001 No 46
notified 12 July 2001 (Gaz 2001 No 28)
commenced 12 July 2001 (s 2)
Legislation Amendment Act 2002 No 11 pt 2.21
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.21 commenced 28 May 2002 (s 2 (1))
First Home Owner Grant Amendment Act 2002 No 13
notified LR 23 May 2002
s 1, s 2 commenced 23 May 2002 (LA s 75)
remainder commenced 24 May 2002 (s 2)
Revenue Legislation Amendment Act 2002 (No 2) No 48 pt 2
notified LR 20 December 2002 
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
pt 2 commenced 21 December 2002 (s 2 (2))
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.16
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75)
sch 1 pt 1.16 commenced 28 March 2003 (s 2)
Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.11
notified LR 11 September 2003
s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
sch 3 pt 3.11 commenced 9 October 2003 (s 2 (1))
Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.10
notified LR 5 December 2003 
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.10 commenced 19 December 2003 (s 2)
First Home Owner Grant Amendment Act 2003 A2003-60
notified LR 18 December 2003 
s 1, s 2 commenced 18 December 2003 (LA s 75 (1))
s 3, s 4 commenced 19 December 2003 (s 2 (1))
remainder commenced 1 January 2004 (s 2 (2))
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.36
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.36 commenced 9 April 2004 (s 2 (1))
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.20
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.20 commenced 24 November 2005 (s 2)
Civil Unions Act 2006 A2006-22 sch 1 pt 1.15
notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.15 never commenced
Note	Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)
Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.18
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))
sch 3 pt 3.18 commenced 27 December 2007 (s 2)
4	Amendment history
Dictionary
s 2	orig s 2 om R1 LRA
	ins A2003-41 amdt 3.218
	am A2003-56 amdt 3.140
Notes
s 3	sub A2003-41 amdt 3.218
Offences against Act—application of Criminal Code etc
s 3A	ins A2005-54 amdt 1.133
Ownership of land and homes
s 5	am A2003-41 amdts 3.219–3.221
Partner of applicant
s 6	am A2003-14 amdt 1.58, amdt 1.59; A2006-22 amdt 1.65 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
Eligibility criteria for applicants
div 2.2 hdg	sub A2003-41 amdt 3.222
Criterion 1A—Applicant to be at least 18 years old
s 8A	ins A2003-60 s 4
	(3)-(5) exp 19 December 2004 (s 8A (5))
Criterion 4—Applicant (or applicant’s partner) must not have had relevant interest in residential property
s 11	am 2002 No 48 s 4; A2003-41 amdt 2.223; A2003-60 ss 5-7
Criterion 5—Residence requirements
s 12	sub A2003-60 s 8
Meaning of eligible transaction etc
s 13 hdg	sub A2003-41 amdt 2.224
s 13	am A2003-41 amdts 2.225–2.229
Special eligible transactions
s 13A	ins 2001 No 46 s 4
	sub 2002 No 13 s 4
	am A2003-41 amdt 2.230, amdt 2.231
	exp 1 July 2004 (s 13A (12))
Application for grant
s 14	am 2001 No 44 amdts 1.1727-1.1729	
	renum R2 LA (see 2001 No 44 amdt 1.1730)
	am A2003-41 amdt 3.232
Amount of grant
s 18	am 2001 No 46 s 5, s 6; 2002 No 13 s 5, s 6
Amount of grant for special eligible transactions
s 18A	ins 2002 No 13 s 7
	exp 1 July 2004 (s 18A (6))
Payment in anticipation of compliance with residence requirements
s 20 hdg	sub A2003-60 s 9
s 20	am A2003-60 s 10; A2005-54 amdt 1.134
Conditions generally
s 21	am A2005-54 amdt 1.135
Death of applicant
s 22	am A2003-60 s 11
Objections
s 25	am 2001 No 44 amdts 1.1731-1.1734; A2003-41 amdt 3.233
Objections made out of time
s 28	am 2001 No 44 amdt 1.1735, amdt 1.1736
Notice of decision
s 30	am 2001 No 44 amdt 1.1737, amdt 1.1738
Administration agreements
s 36	am A2003-41 amdt 3.234; A2005-54 amdt 1.136, amdt 1.137
Power to require information, records or other documents or attendance for examination
s 39	am A2003-41 amdt 3.235; A2005-54 amdt 1.138
Search warrant
s 41	am A2003-41 amdt 3.236
Privileges against selfincrimination and exposure to civil penalty
s 43	am 2002 No 11 amdt 2.42
	sub A2005-54 amdt 1.139
Legal professional privilege
s 44	om 2002 No 11 amdt 2.43
Failing to comply with requirement of authorised officer
s 45 hdg	sub A2004-15 amdt 2.81
s 45	am A2004-15 amdt 2.82; ss renum A2004-15 amdt 2.83; A2005-54 amdt 1.140, amdt 1.141
False or misleading statements
s 46	om A2004-15 amdt 2.84
Secrecy
s 50	am A2003-41 amdt 3.237
	sub A2005-54 amdt 1.142
	am A2007-39 amdt 3.71
Protection of officers etc
s 52	am A2003-41 amdt 3.238
Determination of fees
s 54	am 2001 No 44 amdt 1.1739, amdt 1.1740; A2007-39 amdt 3.72
Approved forms
s 55	prev s 55 renum as s 56
	ins 2001 No 44 amdt 1.1744
	am A2003-41 amdt 3.239; A2007-39 amdt 3.72
Regulation-making power
s 56	orig s 56 ins 2001 No 46 s 7
	exp 1 August 2000 (s 56 (2))
	(prev s 55) 	am 2001 No 44 amdt 1.1741, amdt 1.1742
	renum 2001 No 44 amdt 1.1743
	am A2007-39 amdt 3.73
Transitional
pt 5 hdg	ins A2003-60 s 12
	exp 1 January 2005 (s 57 (3))
Amendments by First Home Owner Grant Amendment Act 2003—continuing operation of Act for certain eligible transactions
s 57	ins 2002 No 13 s 8
	exp 24 June 2002 (s 57 (2))
	ins A2003-60 s 12
	exp 1 January 2005 (s 57 (3))
Dictionary
dict	am A2003-41 amdt 3.240, amdt 3.241; A2006-22 amdt 1.66 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
	def Australian citizen sub A2003-41 amdt 3.242
	def commencement date am A2003-41 amdt 3.243
	def commissioner am A2003-41 amdt 3.244
	def completed am A2003-41 amdt 3.245
	def comprehensive home building contract om A2003-41 amdt 3.246
	def consideration am A2003-41 amdt 3.247
	def contract for the purchase of a home am A2003-41 amdt 3.248
	def corresponding law am A2003-41 amdt 3.249
	def determined fee om 2001 No 44 amdt 1.1745
	def function om A2003-41 amdt 3.250
	def home owner sub A2003-41 amdt 3.251
	def identity card am A2003-41 amdt 3.252
	sub A2003-56 amdt 3.141
	def option om A2003-41 amdt 3.253
	def owner am A2003-41 amdt 3.254
	def owner-builder om A2003-41 amdt 3.255
	def partner sub A2003-41 amdt 3.256
	def permanent resident sub 2000 No 78 s 3
	def residence requirement om A2003-60 s 13
	def residence requirements ins A2003-60 s 13
	def residential property om A2003-41 amdt 3.257
	def taxation law om A2003-41 amdt 3.258
	def tribunal om A2003-41 amdt 3.259
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	1 August 2000	
2	Act 2001 No 46	12 September 2001	
3	Act 2002 No 13	24 May 2002	
4	Act 2002 No 13	28 May 2002	
5	Act 2002 No 13	25 June 2002	
6	Act 2002 No 48	21 December 2002	
7	A2003-14	28 March 2003	
8*	A2003-41	9 October 2003	
9	A2003-60	19 December 2003	
10	A2003-60	24 December 2003	
11	A2004-15	9 April 2004	
12	A2004-15	2 July 2004	
13	A2004-15	20 December 2004	
14	A2004-15	2 January 2005	
15	A2005-54	24 November 2005	

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