Duties Act 2001

A residence that is to be constructed on vacant land is a person’s first home if—

the person’s occupation date for the residence is within 2 years after the person’s transfer date for the vacant land; and

before acquiring the vacant land—

the person did not hold, and never before held, an interest in residential land in Queensland or elsewhere other than—

as trustee for another person; or

as lessee; or

as the holder of a security interest; and

the person was not, and had never been, a vacant land concession beneficiary in relation to land other than the vacant land on which the residence is to be constructed.

Subsection (1)(b)(i)(B) does not apply to the interest in land of a lessee of a lease—

of residential land on which a home or first home is constructed; and

for which a premium, fine or other consideration is payable.