Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A class 1 eligible
transaction is an eligible transaction the commencement date of which is not
before 9 March 2001 and not after 8 October 2001 that
is —
(a) a
contract for the purchase of a new home or a substantially renovated home;
(b) a
comprehensive home building contract for a new home if —
(i)
the building work begins within 16 weeks after the
commencement date, or any longer period that the Commissioner allows for delay
caused by circumstances beyond the control of the parties; and
(ii)
the contract provides to the effect that the building
work must be completed within 12 months after it begins or, if the
contract does not provide for a completion date for the building work, it is
completed within 12 months after it begins;
or
(c) the
building of a new home by an owner builder if the eligible transaction is
completed before 1 May 2003.
(1a) A class 2
eligible transaction is an eligible transaction the commencement date of which
is not before 9 October 2001 and not after
31 December 2001 that is —
(a) a
contract for the purchase of a new home or a substantially renovated home;
(b) a
comprehensive home building contract for a new home if —
(i)
the building work begins within 26 weeks after the
commencement date, or any longer period that the Commissioner allows for delay
caused by circumstances beyond the control of the parties; and
(ii)
the contract provides to the effect that the building
work must be completed within 18 months after it begins or, if the
contract does not provide for a completion date for the building work, it is
completed within 18 months after it begins;
or
(c) the
building of a new home by an owner builder if the eligible transaction is
completed before 1 January 2004.
(1b) A class 3
eligible transaction is an eligible transaction the commencement date of which
is not before 1 January 2002 and not after 30 June 2002
that is —
(a) a
contract for the purchase of a new home or a substantially renovated home;
(b) a
comprehensive home building contract for a new home if —
(i)
the building work begins within 26 weeks after the
commencement date, or any longer period that the Commissioner allows for delay
caused by circumstances beyond the control of the parties; and
(ii)
the contract provides to the effect that the building
work must be completed within 18 months after it begins or, if the
contract does not provide for a completion date for the building work, it is
completed within 18 months after it begins;
or
(c) the
building of a new home by an owner builder if the eligible transaction is
completed before 1 July 2004.
(2) A class 4 eligible
transaction is an eligible transaction the commencement date of which is not
before 14 October 2008 and not after 30 September 2009 that is
a contract for the purchase of an established home.
(3) A class 5 eligible
transaction is an eligible transaction the commencement date of which is not
before 14 October 2008 and not after 30 September 2009 that
is —
(a) a
contract for the purchase of a new home or a substantially renovated home; or
(b) a
comprehensive home building contract for a new home if —
(i)
the building work begins within 26 weeks after the
commencement date; and
(ii)
the contract provides to the effect that the building
work must be completed within 18 months after it begins or, if the
contract does not provide for a completion date for the building work, it is
completed within 18 months after it begins;
or
(c) the
building of a new home by an owner builder if the eligible transaction is
completed before the relevant date.
(4A) A class 6
eligible transaction is an eligible transaction the commencement date of which
is not before 1 October 2009 and not after the cut-off date that is
a contract for the purchase of an established home.
(4B) A class 7
eligible transaction is an eligible transaction the commencement date of which
is not before 1 October 2009 and not after the cut-off date that
is —
(a) a
contract for the purchase of a new home or a substantially renovated home; or
(b) a
comprehensive home building contract for a new home if —
(i)
the building work begins within 26 weeks after the
commencement date; and
(ii)
the contract provides to the effect that the building
work must be completed within 18 months after it begins or, if the
contract does not provide for a completion date for the building work, it is
completed within 18 months after it begins;
or
(c) the
building of a new home by an owner builder if the eligible transaction is
completed before the relevant date.
(4) The Commissioner
may extend the period within which building work is to begin under
subsection (3)(b)(i) or (4B)(b)(i) or be completed under
subsection (3)(b)(ii), (3)(c), (4B)(b)(ii), (4B)(c) or (6)(a) if the
Commissioner is satisfied that the delay is caused by circumstances beyond the
control of the parties.
(5) For the purposes
of this section, building work —
(a)
begins on —
(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;
and
(b) is
completed when the building is ready for occupation as a home.
(6) The following
eligible transactions are not special eligible transactions —
(a) a
contract for the purchase of a new home or a substantially renovated home on a
proposed lot on a proposed plan of subdivision of land (including a proposed
strata plan or survey-strata plan within the meaning of the Strata Titles
Act 1985 ) unless the contract provides to the effect that the building
work must be completed before the relevant date or, if the contract does not
provide for a completion date for the building work, it is completed before
the relevant date;
(b) a
contract that the Commissioner is satisfied replaces a contract to purchase
the same home, or replaces a comprehensive home building contract to build the
same or a substantially similar home, if the replaced contract was
made —
(i)
before 9 March 2001, in respect of a class 1,
class 2 or class 3 eligible transaction; or
(ii)
before 14 October 2008, in respect of a class
4, class 5, class 6 or class 7 eligible transaction.
[Section 14B inserted by No. 14 of 2001
s. 5; amended by No. 13 of 2003 s. 5; No. 27 of 2009
s. 5.]