First Home Owner Grant Act 2000

This Act is the First Home Owner Grant Act 2000.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

For example, the signpost definition ‘identity card—see the Taxation Administration Act 1999, section 83 (4).’ means that the term ‘identity card’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

A home is a building (affixed to land) that—

may lawfully be used as a place of residence; and

is, in the commissioner’s opinion, a suitable building for use as a place of residence.

A person is an owner of a home or a home owner if the person has a relevant interest in land on which a home is built.

Each of the following is a relevant interest in land:

a leasehold interest in the land granted by the Commonwealth;

a leasehold interest under a land sublease;

a life estate in the land approved by the commissioner;

a licence or right of occupancy granted by the Commonwealth that gives, in the commissioner’s opinion, the licensee or the holder of the right reasonable security of tenure;

an interest in a company’s shares if the commissioner is satisfied that—

the interest entitles the holder of the interest to exclusive occupation of a particular home owned by the company; and

the value of the shares is not less than the value of the company’s interest in the home.

However—

an interest is not a relevant interest in land at a particular time unless the holder of the interest has, or will have within 12 months after that time (or a longer time allowed by the commissioner), a right to immediate occupation of the land; and

an interest is not a relevant interest in land in the hands of a person who holds it subject to a trust; and

an equitable interest is not a relevant interest in land unless it is the interest of a person under a legal disability for whom a guardian holds the interest on trust.

Despite subsections (2) and (3), the regulations may provide for recognition of an interest (a noncomplying interest) as a relevant interest in land—

even though the interest may not comply with the subsections; and

even though the interest may not be recognised at law or in equity as an interest in land.

If a first home owner grant is to be paid because of the recognition of a noncomplying interest as a relevant interest in land, the commissioner may impose appropriate conditions on the payment of the grant to ensure its recovery if criteria prescribed under the regulations about future conduct or events are not satisfied.

In this section:

land sublease—see the Planning Act 2023, dictionary.

A person is the partner of the applicant if the person is the applicant’s domestic partner.

Note For the meaning of domestic partner, see Legislation Act, s 169.

However, if the applicant is married, in a civil union or civil partnership, the applicant’s spouse, civil union partner or civil partner is not to be regarded as the applicant’s partner if the commissioner is satisfied that, at the time of deciding the application for a first home owner grant, the applicant—

is not living with the person; and

has no intention of resuming living with the person.

Part 2 First home owner grant

Division 2.1 Entitlement to grant

A first home owner grant is payable on an application under this Act if—

the applicant or, if there are 2 or more of them, each of the applicants complies with the eligibility criteria; and

the transaction for which the grant is sought—

is an eligible transaction; and

has been completed; and

if the first home owner grant cap applies to the eligible transaction for which the grant is sought—the total value of the transaction is not more than the amount of the first home owner grant cap.

Note 1 The first home owner grant cap applies to an eligible transaction with a commencement date on or after 1 January 2011 (see s 13A).

Note 2 See s 13B for how to work out the total value of an eligible transaction.

Despite subsection (1) (a), an applicant need not comply with the eligibility criteria to the extent the applicant is exempted from compliance under this Act.

Only 1 first home owner grant is payable for the same eligible transaction.

Division 2.2 Eligibility criteria for applicants

An applicant for a first home owner grant must be an individual.

An applicant for a first home owner grant must be at least 18 years old.

However, if the commissioner is satisfied there are good reasons to do so, the commissioner may exempt the applicant from the requirement to be at least 18 years old.

An applicant for a first home owner grant must be an Australian citizen or permanent resident.

However, if an application is made by joint applicants and 1 of the applicants is an Australian citizen or permanent resident, it is not necessary for the other or others to be Australian citizens or permanent residents.

An applicant is ineligible if—

the applicant or the applicant’s partner has been a party to an earlier application under this Act or a corresponding law; and

a grant was paid on the application.

However, the applicant is not ineligible if—

for an application that relates to an eligible transaction with a commencement date before 1 January 2011—the grant was later paid back under the conditions on which the grant was made; or

for an application that relates to an eligible transaction with a commencement date on or after 1 January 2011—

the grant was later paid back; and

any amount payable as a penalty or as interest was also paid in relation to the earlier application.

An applicant is also ineligible if the applicant or the applicant’s partner—

could have successfully applied for a first home owner grant under this Act or a corresponding law in relation to an earlier transaction to which he or she was a party but did not do so; or

could, assuming that he or she had then been an Australian citizen or permanent resident, have successfully applied for a first home owner grant under this Act or a corresponding law in relation to an earlier transaction to which he or she was a party.