(1) A reference in
this Division to a FHOG concessional transaction is to a transfer of, or an
agreement for the transfer of, dutiable property where —
(a) the
transferee or, if there are more than one, each transferee —
(i)
is paid a first home owner grant in relation to the
property or becomes a person to whom a first home owner grant is or will be
payable, in relation to the property; or
(ii)
becomes a person to whom a first home owner grant would
be, or would have been, payable in relation to the property if consideration
had been given for the transfer of the property;
and
(b) the
unencumbered value of the land, or the land and home, the subject of the
eligible transaction to which the first home owner grant relates, does not
exceed —
(i)
if there is no home on the land —
$400 000; or
(ii)
otherwise — $600 000.
(2) A reference in
this Division to a further FHOG concessional transaction is to a transfer of,
or an agreement for the transfer of, a further interest in the dutiable
property the subject of a FHOG concessional transaction
(the "first FHOG concessional transaction") —
(a) from
a person excluded from the operation of the FHOG Act section 16(1);
and
(b)
where an instrument that effects the further FHOG concessional transaction is
executed within 10 years of an instrument that effected the
first FHOG concessional transaction; and
(c)
where each transferee in respect of the further FHOG concessional transaction
is a transferee in relation to the first FHOG concessional transaction.