Criterion 3 – Applicant (or applicant's spouse or de facto partner) must not have received an earlier grant or discount
10 Criterion 3 – Applicant (or applicant's spouse or de facto partner) must not have received an earlier grant or discount
Subject to subsection (2), an applicant is ineligible for a first home owner grant if:
the applicant or the applicant's spouse or de facto 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, an applicant is not ineligible under subsection (1) if:
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 ineligible for a first home owner grant if the applicant or the applicant's spouse or de facto partner:
could have successfully applied for a first home owner grant under this Act or a corresponding law in respect of 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 a permanent resident, have successfully applied for a first home owner grant under this Act or a corresponding law in respect of an earlier transaction to which he or she was a party.
An applicant is ineligible for a first home owner grant if:
the applicant, or the applicant's spouse or de facto partner, received the first home owner discount under section 89AA of the
Stamp Duty Act 1978 in relation to an earlier conveyance; and
the duty that would have been payable under that Act but for that discount has not been paid.
This Act’s bill:Second reading speech
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