South Australian Consolidated Acts

FIRST HOME OWNER GRANT ACT 2000 - SECT 40

40—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.

        (2)         The liability arising from a requirement to pay (or repay) an amount to which this section applies is, if the requirement attaches to 2 or more persons, joint and several.

        (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 that home.

        (4)         The Commissioner may recover an amount to which this section applies as a debt due to the Crown.

        (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, on application by an applicant (or former applicant) for a first home owner grant, or on his or her own initiative, 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 (but the Commissioner is under no obligation to consider whether to act under this subsection unless or until such an application is made or it otherwise appears necessary for him or her to do so).