Criterion 4 – Applicant (or applicant's spouse or de facto partner) must not have had relevant interest in residential property
11 Criterion 4 – Applicant (or applicant's spouse or de facto partner) must not have had relevant interest in residential property
An applicant is ineligible for a first home owner grant if the applicant or the applicant's spouse or de facto partner held before
1 July 2000:
a relevant interest in residential property in the Territory; or
an interest in residential property in a State or another
Territory of the Commonwealth 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 ineligible for a first home owner grant if the applicant or the applicant's spouse or de facto partner has, on or after 1 July 2000 and before the commencement date of the eligible transaction to which the application relates, held an interest in property used at any time on or after 1 July 2000 as the residence of the applicant or the applicant's spouse or de facto partner, being:
a relevant interest in residential property in the Territory; or
an interest in residential property in a State or another
Territory of the Commonwealth that is a relevant interest under the corresponding law of that State or Territory.
However, for subsection (3), the applicant or the applicant's spouse or de facto partner is taken not to have used the property as the residence of the applicant or the applicant's spouse or de facto partner if:
the property was the subject of an earlier application under this
Act or a corresponding law by the applicant or the applicant's spouse or de facto partner; and
a first home owner grant was paid under the earlier application;
and
the applicant or the applicant's spouse or de facto partner repaid the grant.
Also, for subsection (3), the applicant or the applicant's spouse or de facto partner is taken not to have used the property as the residence of the applicant or the applicant's spouse or de facto partner if:
the property was the subject of an earlier application under this
Act or a corresponding law by the applicant or the applicant's spouse or de facto partner; and
a first home owner grant was not paid under the earlier application because the Commissioner did not exempt the applicant or the applicant's spouse or de facto partner from the requirement in section 8(1)(b).
This Act’s bill:Second reading speech
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