South Australian Consolidated Acts

FIRST HOME OWNER GRANT ACT 2000 - SECT 39

39—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, as a result of the making of a false or misleading statement by an applicant, 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 not exceeding 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 not exceeding 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.