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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
First Home and Housing Construction Grants (Eligibility
Criteria) Amendment Bill 2013
A BILL FOR
An Act to amend the First
Home and Housing Construction Grants Act 2000.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of First Home and
Housing Construction Grants Act 2000
3Amendment of
section 7—Entitlement to grants
4Insertion of
section 12A
12ACriteria—housing construction
grant
5Amendment of section 40—Power to
recover amount paid in error etc
The Parliament of South Australia enacts as
follows:
This Act may be cited as the First Home and Housing Construction Grants
(Eligibility Criteria) Amendment Act 2013.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of First Home and Housing Construction Grants
Act 2000
3—Amendment
of section 7—Entitlement to grants
Section 7(5)—delete "Only" and substitute:
Subject to section 12A, only
After section 12 insert:
12A—Criteria—housing construction
grant
(1) Subject to this
section, an applicant for a housing construction grant must be—
(a) a person who has
entered into a contract for the purchase of the new home; or
(b) a person for whom
the new home is being built under a comprehensive home building contract;
or
(c) an owner builder
who is building the new home.
(2) An applicant under
subsection (1)(b)
or
(c) must—
(i) that he or she has not entered into a contract with a person to sell
the new home; and
(ii) that he or she has
no intention to enter into a contract for the sale of the new home before
1 January 2014; or
(b) satisfy the Commissioner that he or she is a party to a contract to
sell the new home with a person who is entitled to make an application under
subsection (1)(a)
(the purchaser) and, under the terms of the contract, he or she is
entitled to apply for the housing construction grant rather than the
purchaser.
(a) a housing construction grant is paid in the case of an application
where the applicant has satisfied the Commissioner as to the matters referred to
in
subsection (2)(a);
and
(b) the person to whom the grant was paid (the first grant
recipient), before 1 January 2014, enters into a contract for
the sale of the new home to another person (the purchaser);
and
(c) the purchaser makes an application under
subsection (1),
then—
(d) a housing
construction grant may be paid to the purchaser if the Commissioner is
satisfied—
(i) that the contract between the first grant recipient and the purchaser
constitutes a genuine sale of the new home; and
(ii) that no agreement exists between the first grant recipient and the
purchaser that the first grant recipient is entitled to apply for the housing
construction grant rather than the purchaser; and
(e) the Commissioner
may, by written notice, require the first grant recipient to repay the amount of
the housing construction grant that has been paid to him or her.
(4) If, in a case where
subsection (2)(a)
has applied, and the Commissioner issues a notice under
subsection (3)(e),
the first grant recipient must also pay to the Commissioner, at the time of
repayment of the amount of the housing construction grant paid to the first
grant recipient, an additional amount equal to the amount of the grant unless
the Commissioner is satisfied that the first grant recipient genuinely changed
his or her intention about not entering into a contract of a kind referred to in
subsection (2)(a)(ii)
due to extraordinary and unforeseen circumstances occurring after the housing
construction grant was paid to the first grant recipient.
(5) An amount payable under
subsection (3)(e)
or
(4) (or both) must be
paid to the Commissioner within a period (of at least 14 days) specified by
the Commissioner.
Maximum penalty: $5 000.
(6) In connection with the operation of
subsection (3)—
(a) the Commissioner may make a payment under
subsection (3)(d)
despite section 7(5) (and whether or not an amount is recovered under
subsection (3)(e));
and
(b) to avoid doubt, the Commissioner may, in deciding whether a contract
constitutes a genuine sale of the new home, take into account the matters
referred to in section 18BAB(5), (6) and (7).
5—Amendment
of section 40—Power to recover amount paid in error
etc
Section 40(1)—after paragraph (c) insert:
(d) an amount that a person is required to pay under
section 12A(3)(e) or (4).