Criterion 4 — applicant or applicant’s spouse or de facto partner must not have had relevant interest in residential property
12 Criterion 4 — applicant or applicant’s spouse or de facto partner must not have had relevant interest in residential property
An applicant is ineligible if the applicant or the applicant’s spouse or de facto partner has, before 1 July 2000, held —
a relevant interest in residential property in the State, other than a relevant interest held subject to a trust; or
an interest in residential property in another State or a Territory that is a relevant interest under the corresponding law of that State or Territory.
To work 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 also ineligible if, before the commencement date of the transaction to which the application relates, the applicant or the applicant’s spouse or de facto partner —
held a relevant interest in residential property in the State, other than a relevant interest held subject to a trust, or an interest in residential property in another State or a Territory that is a relevant interest under the corresponding law of that State or Territory; and
occupied the property as a place of residence —
before 1 July 2004; or
for a continuous period of at least 6 months that began on or after 1 July 2004.
[Section 12 amended: No. 61 of 2000 s. 6; No. 13 of 2003 s. 4; No. 28 of 2003 s. 64; No. 52 of 2004 s. 8; No. 27 of 2009 s. 15; No. 16 of 2017 s. 5.]
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