South Australia

   First Home Owner Grant Regulations 2000

   under the First Home Owner Grant Act 2000

   Contents
   1 Short title
   3 Interpretation
   4 Recognition of non-conforming interest as relevant interest
   (section 5(4))
   5 Persons excluded from application of section 15
   6 Interest rate on repayment of grant by instalments (section 40)
   7 Disclosure of confidential information (section 41)

   Legislative history

   1--Short title

   These regulations may be cited as the First Home Owner Grant
   Regulations 2000.

   3--Interpretation

   In these regulations--

   Act means the First Home Owner Grant Act 2000.

   4--Recognition of non-conforming interest as relevant interest
   (section 5(4))

   (1) A licence or right of occupancy over land given to a person by a
   relative is to be recognised, for the purposes of section 5(4) of the
   Act, as a relevant interest if--

   (a) the person has--

   (i) entered into a comprehensive home building contract for the
   construction of a home on the land; or

   (ii) commenced building a home or having a home built on the land
   without entering into a comprehensive home building contract; and

   (b) the person has, in the Commissioner's opinion, reasonable security
   of tenure.

   (1a) Pursuant to section 18B(6)(b) of the Act, if a licence or right of
   occupancy over land given to a person by a relative is recognised under
   subregulation (1) as a relevant interest because the person has
   commenced building a home or is having a home built on the land without
   entering into a comprehensive home building contract, the market value
   of the home will be taken to be the actual costs to build the home as
   determined by the Commissioner.

   (2) In this regulation--

   relative, in relation to a person, means--

   (a) a child or remoter lineal descendant of the person or of the spouse
   or domestic partner of the person;

   (b) a parent or remoter lineal ancestor of the person or of the spouse
   or domestic partner of the person;

   (c) a brother or sister of the person or of the spouse or domestic
   partner of the person;

   (d) a child or remoter lineal descendant of the brother or sister of
   the person or of the spouse or domestic partner of the person;

   (e) the spouse or domestic partner of the person or the spouse or
   domestic partner of any person referred to in paragraphs (a), (b)
   or (c).

   5--Persons excluded from application of section 15

   The following persons are excluded from the application of section 15
   of the Act:

   (a) the South Australian Housing Trust;

   (b) if the holder of an interest referred to in regulation 4 is the
   applicant for a first home owner grant--a registered proprietor of the
   land.

   6--Interest rate on repayment of grant by instalments (section 40)

   The interest rate applicable to the repayment by instalments of an
   amount to which section 40 of the Act applies is 12.8 per cent.

   7--Disclosure of confidential information (section 41)

   Pursuant to section 41(3)(d) of the Act, protected information may be
   disclosed in connection with the administration or enforcement of the
   First Home Saver Accounts Act 2008 of the Commonwealth.

   Legislative history

   Notes

   o 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.

   o Earlier versions of these regulations (historical versions) are
   listed at the end of the legislative history.

   o 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 regulations and variations

   New entries appear in bold.

   Year
       No
          Reference
                                 Commencement
   2000
       151
          Gazette 29.6.2000 p3514
                                 1.7.2000: r 2
   2007
       51
          Gazette 26.4.2007 p1410
                                 1.6.2007: r 2
   2008
       296
          Gazette 4.12.2008 p5377
                                 4.12.2008: r 2
   2009
       207
          Gazette 23.7.2009 p3288
                                 23.7.2009: r 2

   Provisions varied

   New entries appear in bold.

   Entries that relate to provisions that have been deleted appear in
   italics.

Provision
         How varied

                                                                                                 Commencement

r 2
         omitted under Legislation Revision and Publication Act 2002

                                                                                                   1.6.2007

r 4
r 4(1a)
         inserted by 296/2008 r 4

                                                                                                   4.12.2008

r 4(2)
relative
         varied by 51/2007 r 18

                                                                                                   1.6.2007

r 7
         inserted by 207/2009 r 4

                                                                                                   23.7.2009

   Historical versions

   1.6.2007
   4.12.2008