First Home Owner Grant Act 2000

An applicant for a first home owner grant must occupy the home as the applicant’s principal place of residence for the required residence period.

For the purposes of subsection (1) the required residence period is —

a continuous period of at least 6 months; or

if a shorter period is approved by the Commissioner under subsection (6A)(a) in relation to the applicant, that shorter period.

The applicant must begin the required residence period within the take‑up period.

For the purposes of subsection (4) the take‑up period is —

the period of 12 months after completion of the eligible transaction; or

if a longer period is approved by the Commissioner under subsection (6A)(b) in relation to the applicant, that longer period.

The Commissioner —

may approve of the applicant complying with subsection (1) for a period of less than 6 months if, in the Commissioner’s opinion, there are good reasons why the applicant cannot comply with subsection (1) for a period of 6 months; and

may approve of the applicant complying with subsection (4) within a period of more than 12 months if, in the Commissioner’s opinion, there are good reasons why the applicant cannot comply with subsection (4) within a period of 12 months.

The Commissioner may exempt an applicant from the residence requirements if —

the applicant is one of 2 or more joint applicants for a first home owner grant; and

at least one of the applicants complies with the residence requirements; and

there are, in the Commissioner’s opinion, good reasons to exempt the applicant from the residence requirements.

The Commissioner may exercise a power under subsection (6A) or (6) at any time including at a time when the applicant has not complied with a residence requirement.

If the Commissioner exercises a power under subsection (6A), the required residence period or take‑up period, as the case requires, is taken always to have been the period approved by the Commissioner.

If the Commissioner exercises a power under subsection (6), the applicant is taken always to have been exempt from the residence requirements.