South Australian Consolidated Acts South Australian Consolidated ActsNotes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
2000 |
25 |
29.6.2000 |
1.7.2000: s 2 |
|
|
2000 |
64 |
First Home Owner Grant (New Zealand Citizens) Amendment
Act 2000 |
9.11.2000 |
1.7.2000: s 2 |
|
2001 |
26 |
First Home Owner Grant (New Homes) Amendment Act 2001 |
26.7.2001 |
9.3.2001 except s 4—30.5.2001: s 2 |
|
2002 |
35 |
Statutes Amendment (Stamp Duties and Other Measures)
Act 2002 |
28.11.2002 |
Pt 3 (ss 5—10)—28.11.2002: s 2(1) |
|
2004 |
49 |
First Home Owner Grant (Miscellaneous) Amendment Act 2004 |
16.12.2004 |
1.1.2005 (Gazette 16.12.2004 p4592) |
|
2006 |
43 |
Statutes Amendment (Domestic Partners) Act 2006 |
14.12.2006 |
Pt 37 (ss 105—110)—1.6.2007 (Gazette 26.4.2007
p1352) |
|
2008 |
34 |
Statutes Amendment (Budget 2008) Act 2008 |
31.7.2008 |
Pt 2 (s 4)—5.6.2008: s 2(2) &
Sch 1—31.7.2008: s 2(4) |
|
2009 |
53 |
First Home Owner Grant (Special Eligible Transactions) Amendment Act
2009 |
5.11.2009 |
14.10.2008 except ss 4 & 10—12—5.11.2009:
s 2 |
|
2010 |
22 |
Statutes Amendment (Budget 2010) Act 2010 |
18.11.2010 |
Pt 4 (ss 11—17)—17.9.2010: s 2(3) |
|
2011 |
31 |
Statutes Amendment (Budget 2011) Act 2011 |
4.8.2011 |
Pt 2 (ss 4—10)—10.6.2011:
s 2(2) |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
1.1.2005 |
|
s 3 |
|
|
|
Australian citizen |
amended by 64/2000 s 3(a) |
1.7.2000 |
|
close personal relationship |
inserted by 43/2006 s 105(1) |
1.6.2007 |
|
contract for an "of-the-plan" purchase |
inserted by 31/2011 s 4 |
10.6.2011 |
|
domestic partner |
inserted by 43/2006 s 105(2) |
1.6.2007 |
|
new home |
inserted by 26/2001 s 3 |
9.3.2001 |
|
|
deleted by 35/2002 s 5 |
28.11.2002 |
|
new home |
inserted by 22/2010 s 11(1) |
17.9.2010 |
|
permanent resident |
substituted by 64/2000 s 3(b) |
1.7.2000 |
|
residence requirement |
amended by 49/2004 s 4 |
1.1.2005 |
|
substantially renovated home |
inserted by 22/2010 s 11(2) |
17.9.2010 |
|
s 6 |
|
|
|
s 6(1) |
substituted by 43/2006 s 106 |
1.6.2007 |
|
s 6(1a) |
inserted by 43/2006 s 106 |
1.6.2007 |
|
Pt 2 |
|
|
|
s 7 |
|
|
|
s 7(1a) |
inserted by 22/2010 s 12 |
17.9.2010 |
|
s 8A |
inserted by 26/2001 s 4 |
30.5.2001 |
|
s 8A(2) |
amended by 49/2004 s 5 |
1.1.2005 |
|
s 10 |
|
|
|
s 10(1) |
amended by 43/2006 s 107(1) |
1.6.2007 |
|
s 10(2) |
substituted by 49/2004 s 6 |
1.1.2005 |
|
s 10(3) |
amended by 43/2006 s 107(2) |
1.6.2007 |
|
s 11 |
|
|
|
s 11(1) |
amended by 43/2006 s 108(1) |
1.6.2007 |
|
s 11(3) |
amended by 49/2004 s 7 |
1.1.2005 |
|
|
amended by 43/2006 s 108(2) |
1.6.2007 |
|
s 12 |
|
|
|
s 12(1) |
amended by 49/2004 s 8 |
1.1.2005 |
|
|
amended by 53/2009 s 4(1), (2) |
5.11.2009 |
|
s 12(3) and (4) |
inserted by 53/2009 s 4(3) |
5.11.2009 |
|
s 13A |
inserted by 26/2001 s 5 |
9.3.2001 |
|
|
substituted by 35/2002 s 6 |
28.11.2002 |
|
|
substituted by 53/2009 s 5 |
14.10.2008 |
|
s 13A(8) before deletion by 31/2011 |
|
|
|
new home |
deleted by 22/2010 s 13 |
17.9.2010 |
|
substantially renovated home |
deleted by 22/2010 s 13 |
17.9.2010 |
|
s 13A(8) |
deleted by 31/2011 s 5 |
10.6.2011 |
|
s 18 |
|
|
|
s 18(1) |
s 18 redesignated as s 18(1) by 26/2001 s 6 |
9.3.2001 |
|
|
amended by 53/2009 s 6(1) |
14.10.2008 |
|
s 18(2) |
inserted by 26/2001 s 6 |
9.3.2001 |
|
|
deleted by 35/2002 s 7 |
28.11.2002 |
|
|
inserted by 53/2009 s 6(2) |
14.10.2008 |
|
s 18(3)—(5) |
inserted by 53/2009 s 6(2) |
14.10.2008 |
|
s 18A |
inserted by 35/2002 s 8 |
28.11.2002 |
|
|
deleted by 53/2009 s 7 |
14.10.2008 |
|
s 18B |
inserted by 34/2008 s 4 |
5.6.2008 |
|
s 18B(1) |
amended by 22/2010 s 14(1) |
17.9.2010 |
|
s 18B(2) |
amended by 53/2009 s 8(1) |
14.10.2008 |
|
|
amended by 22/2010 s 14(2) |
17.9.2010 |
|
s 18B(3) |
deleted by 53/2009 s 8(2) |
14.10.2008 |
|
s 18B(4)—(9) |
deleted by 22/2010 s 14(3) |
17.9.2010 |
|
s 18B(11) |
deleted by 22/2010 s 14(4) |
17.9.2010 |
|
s 18BA |
inserted by 22/2010 s 15 |
17.9.2010 |
|
s 18BA(1) |
amended by 31/2011 s 6(1), (2) |
10.6.2011 |
|
s 18BA(2a) |
inserted by 31/2011 s 6(3) |
10.6.2011 |
|
s 18BAB |
inserted by 31/2011 s 7 |
10.6.2011 |
|
s 18BB |
inserted by 22/2010 s 15 |
17.9.2010 |
|
s 18BB(1) |
amended by 31/2011 s 8 |
10.6.2011 |
|
s 18C |
inserted by 53/2009 s 9 |
14.10.2008 |
|
|
amended by 22/2010 s 16 |
17.9.2010 |
|
|
amended by 31/2011 s 9 |
10.6.2011 |
|
s 20 |
|
|
|
s 20(1) |
amended by 49/2004 s 9 |
1.1.2005 |
|
s 20(3a) |
inserted by 53/2009 s 10 |
5.11.2009 |
|
s 22 |
|
|
|
s 22(3) |
substituted by 49/2004 s 10 |
1.1.2005 |
|
s 25(3) |
substituted by 26/2001 s 7 |
9.3.2001 |
|
Pt 4 |
|
|
|
s 38 |
|
|
|
s 38(2) |
amended by 49/2004 s 11(1), (2) |
1.1.2005 |
|
s 39 |
|
|
|
s 39(2) |
amended by 49/2004 s 12 |
1.1.2005 |
|
s 40 |
|
|
|
s 40(6) |
amended by 53/2009 s 11(1), (2) |
5.11.2009 |
|
s 40A |
inserted by 53/2009 s 12 |
5.11.2009 |
|
s 41 |
|
|
|
s 41(1) |
|
|
|
protected information |
amended by 43/2006 s 109 |
1.6.2007 |
|
s 43 |
amended by 49/2004 s 13 |
1.1.2005 |
|
s 46 |
|
|
|
s 46(3) |
inserted by 26/2001 s 8 |
9.3.2001 |
|
s 46(4) |
inserted by 35/2002 s 9 |
28.11.2002 |
|
|
amended by 53/2009 s 13 |
14.10.2008 |
Transitional etc provisions associated with Act or
amendments
Statutes Amendment (Stamp Duties and Other Measures)
Act 2002
10—Validation for payment of increased
grants
The payment of an amount as first home owner grant under the principal Act
before the commencement of this Part, and anything done under the principal Act
or the Taxation Administration Act 1996, is validated to the extent
that it would have been valid if this Part had been enacted when the payment was
made or the thing was done.
First Home Owner Grant (Miscellaneous) Amendment Act
2004 Sch 1
1—Application of amendments
An amendment to the First Home Owner Grant Act 2000 effected by
a provision of this Act only applies in relation to an application under that
Act if—
(a) in the case of an amendment effected by section 11, 12, or
13—the application is made after the commencement of the provision;
or
(b) in any other case—the application is made in respect of an
eligible transaction with a commencement date (within the meaning of that Act)
occurring after the commencement of that provision.
Statutes Amendment (Domestic Partners) Act
2006
110—Transitional provision
An amendment made by this Act to the First Home Owner Grant
Act 2000 applies only in relation to an application for a first home
owner grant made after the commencement of the amendment.
Statutes Amendment (Budget 2008) Act 2008,
Sch 1
1—Transitional provisions
(1) If—
(a) a person is entitled to a first home bonus grant under
section 18B of the First Home Owner Grant Act 2000, as enacted
by this Act (the relevant entitlement); and
(b) the person has—
(i) in respect of a conveyance that relates to the land on which the home
under that Act is situated or is to be built (as the case may be), received a
benefit under section 71C of the Stamp Duties Act 1923;
or
(ii) received a benefit constituted by an ex gratia payment by the
State in order to provide for the first home bonus grant envisaged by this Act
for the period between 5 June 2008 and the date of enactment of this
Act,
the amount of the relevant entitlement will be reduced by the amount of the
benefit provided under section 71C of the Stamp Duties Act 1923
or by the amount of the ex gratia payment, or both (including so as
to fully set off the amount of the relevant entitlement).
(2) If—
(a) a person has received a benefit constituted by an
ex gratia payment by the State in order to provide for the first
home bonus grant envisaged by this Act for the period between
5 June 2008 and the date of the enactment of this Act; and
(b) the person has also, in respect of a conveyance that relates to the
land on which the home that is relevant to the ex gratia payment is
situated, or is to be built, (as the case may be), received a benefit under
section 71C of the Stamp Duties Act 1923 (the relevant
benefit),
the Commissioner of State Taxation may recover the amount of the relevant
benefit from any person who claimed that benefit as a debt due to the
Crown.
(3) If—
(a) a person has received a benefit under section 71C of the Stamp
Duties Act 1923 (the relevant benefit); and
(b) the conveyance on which the benefit is based falls within the ambit of
subsection (8) of section 71C of the Stamp Duties Act 1923
(as enacted by this Act),
the Commissioner of State Taxation may recover the amount of the relevant
benefit from any person who claimed that benefit as a debt due to the
Crown.
(4) To avoid doubt, any set off or right of recovery under this clause
extends to a benefit obtained before the commencement of this clause.
Statutes Amendment (Budget 2010) Act
2010
17—Transitional provisions
(1) If a person has, before the date of the enactment of this Act,
received a first home owner grant in respect of an application on which a first
home owner grant is not payable under subsection (1a) of section 7 of
the principal Act (as inserted by section 12 of this Act), the Commissioner
may recover the amount of the grant as a debt due to the Crown.
(2) If a person has, before the date of the enactment of this Act,
received a payment under section 18B of the principal Act in respect of an
eligible transaction with a commencement date that is on or after
17 September 2010, the Commissioner may recover the amount of the
payment from the person as a debt due to the Crown.
(3) If—
(a) a person is entitled to a first home bonus grant under
section 18BA of the principal Act, as enacted by this Act (the
relevant entitlement); and
(b) the person has received a benefit constituted by an ex gratia
payment by the State in order to provide for the first home bonus grant under
section 18BA envisaged by this Act for the period between
17 September 2010 and the date of the enactment of this Act,
the amount of the relevant entitlement will be reduced by the amount of the
ex gratia payment (including so as to fully set off the amount of the
relevant entitlement).
(4) To avoid doubt, any set off or right of recovery under this section
extends to a benefit obtained before the commencement of this section.
(5) Terms used in this section that are defined in the principal Act have
the same respective meanings as in that Act.
(6) In this section—
principal Act means the First Home Owner Grant
Act 2000.
Statutes Amendment (Budget 2011) Act
2011
10—Transitional provision
(a) a person has, before the day on which this Act is assented to by the
Governor, received a payment under section 18BA of the First Home Owner
Grant Act 2000 in respect of an eligible transaction with a
commencement date that is on or after 10 June 2011; and
(b) the person is not entitled to the payment under section 18BA as
amended by section 6 of this Act,
the Commissioner may recover the amount of the payment from the person as a
debt due to the Crown.
(2) Terms used in subsection (1) that are defined in the First
Home Owner Grant Act 2000 have the same respective meanings as in that
Act.
Historical versions
|
Reprint No 1—9.11.2000 |
|
|
Reprint No 2—26.7.2001 |
|
|
Reprint No 3—28.11.2002 |
|
|
1.1.2005 |
|
|
1.6.2007 |
|
|
5.6.2008 |
|
|
14.10.2008 (electronic only) |
|
|
5.11.2009 |
|
|
17.9.2010 |
|