First Home Owner Grant Act 2000

(1) This section applies to a person on whose application a first home owner grant was paid if:

(b) the grant is paid before completion of a transaction and on completion the consideration for it results in it not being an eligible transaction under section 13AA(1)(b) or (d); or

(c) the grant was paid in anticipation of compliance with the residence requirements and the person fails to comply with the requirements; or

(d) the Commissioner imposed a condition on the grant under section 5(5) or 20 and the person breaches the condition; or

(e) an overpayment of the amount to which the person was entitled occurs.

(2) The person must, within the required time mentioned in subsection (2A):

(a) give written notice to the Commissioner of the non-entitlement, ineligibility, failure, breach or the overpayment; and

(a) for non-entitlement mentioned in subsection (1)(a) – 30 days after the grant was paid; or

(b) for ineligibility mentioned in subsection (1)(b) – 30 days after the earlier of the following:

(ii) the date on which it first became apparent that the transaction would not be an eligible transaction; or

(c) for failure to comply with the residence requirements mentioned in subsection (1)(c) – 30 days after the earlier of the following:

(ii) the date on which it first became apparent that the residence requirements would not be complied with during the period allowed for compliance; or

(d) for breach of a condition or an overpayment mentioned in subsection (1)(d) or (e) – 30 days after the breach or overpayment occurred.

(3) If a person to whom this section applies fails to pay an amount as required by subsection (2):

(a) the person in default must pay interest on the amount in default from the date liability to make the payment fell due until the date payment is actually made; and

(ii) require payment of the amount in default within 30 days after the date of the notice; and

(c) if the amount in default (together with interest and penalty) is not paid within 30 days from the date of the notice, then, as from the end of that period, interest accrues on the penalty (in addition to the interest already accruing on the amount originally in default).

(4) An amount required to be paid to the Commissioner under this section is a debt due to the Territory and may be sued for and recovered in a court of competent jurisdiction by the Commissioner suing in his or her official name.

(5) If a person who is liable to pay an amount under this section has an interest in the home for which the first home owner grant was paid, the liability is an overriding statutory charge, within the meaning of the Land Title Act 2000, on the person's interest in that home.

(6) The 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.

(7) The Commissioner may remit the whole or any part of a penalty or interest payable under this section.

(8) A person who fails to comply with subsection (2) or a notice under subsection (3) commits a regulatory offence.

Maximum penalty: 50 penalty units.

(9) A person who breached a condition on payment of a first home owner grant may be found guilty of an offence against subsection (8) even if the condition breached is subsequently amended or cancelled.

(11) If a first home owner grant was paid on the application of 2 or more persons, the liability of those persons under this section is joint and several.

(12) Interest accrues under this section at the statutory interest rate as in force from time to time.