Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
application means an application for a first home
owner grant;
Australian citizen has the meaning given by
section 7A;
authorised investigator means a person appointed
to be an authorised investigator under section 36;
building includes part of a building;
cap amount has the meaning given by
section 14AD;
commencement date , in relation to a transaction,
has the meaning given by section 14AA;
Commissioner means the Commissioner of State
Revenue;
completed , in relation to a transaction, has the
meaning given by section 14AA;
comprehensive home building contract means a
contract under which a builder undertakes to build a home on land from the
inception of the building work to the point where the home is ready for
occupation and if, for any reason, the work to be carried out under such a
contract is not completed, includes any further contract under which the work
is to be completed;
consideration , in relation to a transaction, has
the meaning given by section 14AB;
corresponding Commissioner , in relation to a
corresponding law, means the person responsible for administering the
corresponding law;
corresponding law means an Act of another State,
or a Territory, corresponding to this Act;
de facto partner , in relation to an applicant for
a first home owner grant, means a person who, on the commencement date of the
transaction to which the application relates, is living in a de facto
relationship with the applicant and has lived on that basis with the applicant
for at least 2 years;
eligibility criteria means the criteria set out in
Part 2 Division 2 for determining whether an applicant for a first
home owner grant is eligible for the grant;
eligible transaction has the meaning given by
section 14(1);
first home owner grant means a grant authorised
under section 18;
first home owner grant scheme means the scheme
for payment of first home owner grants established under this Act;
guardian , in relation to a person under a legal
disability, means —
(a) a
trustee who holds property on trust for the person under an instrument of
trust or by order or direction of a court or tribunal; or
(b) an
administrator of the person’s estate appointed under the
Guardianship and Administration Act 1990 ;
home has the meaning given by section 4;
identity card means an identity card issued to an
authorised investigator under section 36;
option to purchase includes a right of pre-emption
or a right of first refusal;
owner , in relation to —
(a) a
home, has the meaning given by section 5;
(b)
land, means a person who has a relevant interest in the land;
owner builder means an owner of land who builds a
home, or has a home built, on the land without entering into a comprehensive
home building contract;
permanent resident has the meaning given by
section 7B;
premises means —
(a) land
(whether built on or not);
(b) a
building or structure on land; or
(c) a
vehicle,
and includes a part of premises;
property means —
(a) a
home; or
(b)
land; or
(c) a
relevant interest in land;
Registrar means the Registrar of Titles or the
Registrar of Deeds and Transfers;
relevant interest means an interest in land
mentioned in a paragraph of subsection (1) of section 6 (as read
with subsection (2) of that section);
relevant material means an instrument, record or
thing relevant to determining —
(a)
whether an application under this Act or a corresponding law for a first home
owner grant has been properly made;
(b)
whether an objection to a decision made under this Act or a corresponding law
should be upheld;
(c)
whether an applicant to whom, or for whose benefit, a first home owner grant
has been paid under this Act or a corresponding law was eligible for the
grant;
(d)
whether a condition on which a first home owner grant has been paid under this
Act or a corresponding law has been complied with; or
(e) any
other matter related to the administration or enforcement of this Act or a
corresponding law;
repayment arrangement means an arrangement
approved under section 52;
required residence period has the meaning given by
section 13(2);
residence requirements means —
(a) the
requirement under section 13(1) for the applicant to occupy the home as
the applicant’s principal place of residence for the required residence
period; and
(b) the
requirement under section 13(4) for the applicant to begin the required
residence period within the take-up period;
residential property has the meaning given by
subsection (2);
spouse has the meaning affected by section 7;
take-up period has the meaning given by
section 13(5);
taxation law means a law of the Commonwealth or a
State or Territory for the assessment or imposition of a tax;
the home , in relation to an applicant or an
application, means the home acquired or to be acquired under the eligible
transaction to which the application relates;
total value , in relation to a transaction, has
the meaning given by section 14AC(1);
transaction means —
(a) a
contract for the purchase of a home in the State; or
(b) a
comprehensive home building contract made by the owner of land in the State,
or a person who will on completion of the contract be the owner of land in the
State, to have a home built on the land; or
(c) the
building of a home in the State by an owner builder;
unencumbered value has the meaning given by
section 14AE(1).
(2) For the
purposes of this Act, land in Australia is residential property at a
particular time if there is, at that time, a building on the land lawfully
occupied as a place of residence or suitable for occupation as a place of
residence.
[Section 3 amended by No. 61 of 2000
s. 7(1) and 8(1); No. 28 of 2003 s. 61; No. 52 of 2004 s. 4;
No. 55 of 2004 s. 373; No. 27 of 2009 s. 8 and 15; No. 17
of 2010 s. 18.]