First Home Owner Grant and Shared Equity Act 2000

This section applies to the following amounts—

an amount required to be repaid under the conditions of a first home owner grant or shared equity scheme or by the Chief Commissioner under this Act, by—

an applicant or former applicant for a first home owner grant, or

a participant or former participant in a shared equity scheme,

the amount of a penalty imposed on and payable by—

an applicant or former applicant for a first home owner grant, or

a participant or former participant in a shared equity scheme,

the amount a person is required to repay under section 45.

An amount to which this section applies is payable to the Chief Commissioner.

If the amount is payable by more than 1 person, each person is jointly and severally liable to pay the amount.

The liability of a person to pay an amount to which this section applies is—

a first charge on the person’s interest in a home if—

the home is one for which a first home owner grant was obtained, and

the person was an applicant for the grant, and

the person is liable to pay an amount referred to in subsection (1)(a) or (b), or

a charge on the person’s interest in property if—

the property is the subject of a shared equity arrangement under a shared equity scheme, and

the person is a participant in the scheme, and

the person is liable to pay an amount referred to in subsection (1)(a) or (b).

The charge created by subsection (3) gives the Chief Commissioner an interest in the land and, accordingly, the Chief Commissioner may lodge a caveat in respect of the land under the Real Property Act 1900 to protect that interest.

Once the caveat is recorded in the Register kept under the Real Property Act 1900, the charge has priority over all other encumbrances except land tax under the Land Tax Management Act 1956.

The caveat must be withdrawn when the amount that the applicant is liable to pay has been paid.

(Repealed)

The Chief Commissioner may recover an amount to which this section applies as a debt due to the Crown.

An amount to which this section applies is a referable debt within the meaning of the State Debt Recovery Act 2018.

The Chief Commissioner may enter into an arrangement (which may include provision for the payment of interest) for payment of a liability outstanding under this section by instalments.

The Chief Commissioner may write off the whole or part of a liability outstanding under this section if satisfied that action, or further action, to recover the amount outstanding is impracticable or unwarranted.

The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.