First Home Owner Grant and Shared Equity Act 2000

An applicant for a first home owner grant is ineligible for the grant if the applicant or the applicant’s spouse has, before 1 July 2000, held—

a relevant interest in residential property in New South Wales, or

an interest in residential property in another State or a Territory that is a relevant interest under the corresponding law of that State or Territory.

In working out for the purposes of subsection (1) whether an applicant held a relevant interest (within the meaning of this Act or a corresponding law) in residential property at a particular time, any deferment of the applicant’s right of occupation (because the property was subject to a lease) is to be disregarded.

An applicant is also ineligible if the applicant or the applicant’s spouse has, at any time before the commencement date of the eligible transaction to which the application relates—

held a relevant interest in residential property in New South Wales or an interest in residential property in another State or a Territory that is a relevant interest under the corresponding law of that State or Territory, and

occupied the property as a place of residence for a continuous period of at least 6 months.