Western Australian Consolidated Regulations

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FIRST HOME OWNER GRANT REGULATIONS 2000 - REG 9

9 .         Conditions to be included in administration agreements (s. 37(2))

        (1)         The conditions that, under subsection (2) of section 37 of the Act, are to be included in the conditions specified in an administration agreement entered into by a financial institution or other person (a delegate ) under that section are the conditions to which subregulations (2) and (3) apply.

        (2)         This subregulation applies to the conditions that a delegate is to —

            (a)         maintain the records in relation to an application for a first home owner grant administered by the delegate;

            (b)         provide the records or copies of the records to the Commissioner when required by the Commissioner to do so and, subject to reasonable notice, allow the Commissioner to have access to and inspect the records at any reasonable time; and

            (c)         retain the records for a period of 5 years after the payment of the first home owner grant to which the application relates.

        (3)         This subregulation applies to the condition that a delegate is entitled to retain any interest that accrues on amounts —

            (a)         received by the delegate from the Commissioner for the payment of first home owner grants by the delegate on behalf of the Commissioner; and

            (b)         held in an account used by the delegate solely for the purpose of receiving those amounts and any other amounts approved by the Commissioner.

        (4)         In subregulation (2) —

        the records , in relation to an application for a first home owner grant administered by a delegate, means —

            (a)         the original application form;

            (b)         any document that the Commissioner notifies the delegate in writing is a record for the purposes of this paragraph; and

            (c)         any other document given to or created by the delegate that relates to the application.



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