First Home Owner Grant Act 2000

An eligible transaction is—

a contract for the purchase of a new home in the ACT made on or after 1 September 2013; or

a comprehensive home building contract made on or after 1 September 2013 by the owner of land in the ACT, or a person who will on completion of the contract be the owner of land in the ACT, to have a new home built on the land; or

the building of a new home in the ACT by an owner-builder if the building work begins on or after 1 September 2013.

However, a contract is not an eligible transaction if the commissioner is of the opinion that it forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant and the commissioner will, unless satisfied to the contrary, presume the existence of such a scheme, if—

for a contract to purchase a home—the purchaser had an option to purchase the home granted before 1 July 2000 or the vendor had an option to require the purchaser to purchase the home granted before that date; or

for a comprehensive building contract—either party had a right or option granted before 1 July 2000 to require the other to enter into the contract; or

for a contract made on or after 1 September 2013 that—

the contract replaces a contract made before 1 September 2013; and

the replaced contract was—

a contract for the purchase of the same home; or

a comprehensive home building contract to build the same or a substantially similar home.

The commencement date of an eligible transaction is—

for a contract—the date when the contract is made; or

for the building of a home by an owner-builder—

the date when laying the foundations for the home begins; or

another date the commissioner considers appropriate in the circumstances of the case.

Subject to any qualifications prescribed under the regulations, an eligible transaction is completed when—

for a contract for the purchase of a new home—

the purchaser becomes entitled to possession of the home under the contract; and

if the purchaser is to obtain a registered title to the land on which the home is situated—the necessary steps to obtain registration of the purchaser’s title have been taken; or

for a contract to have a home built—the building is ready for occupation as a place of residence; or

for the building of a home by an owner-builder—the building is ready for occupation as a place of residence.

For when certain transactions related to moveable buildings are completed, see s (5).

If a person purchases a moveable building and intends to use it as a place of residence on land in which the person has a relevant interest but on which it is not situated at the time of purchase—

this Act applies as if the person were an owner-builder building a home on the land; and

the commencement date of the transaction is taken to be the date of the contract to purchase the moveable building; and

the transaction is taken to be completed when the moveable building is ready for occupation as a place of residence on land in which the purchaser has a relevant interest.

The consideration for an eligible transaction is—

for a contract for the purchase of a new home—the consideration for the purchase; or

for a comprehensive home building contract—the total consideration payable for the building work; or

for the building of a home by an owner-builder—the actual costs to the owner of carrying out the work (excluding any allowance for the owner-builder’s own labour).

In this section:

For when a person is taken to be an owner-builder in relation to a moveable building, see s (5).