Special eligible transactions
14B Special eligible transactions
A class 1 eligible transaction is an eligible transaction the commencement date of which is not before 9 March 2001 and not after 8 October 2001 that is —
a contract for the purchase of a new home or a substantially renovated home; or
a comprehensive home building contract for a new home if —
the building work begins within 16 weeks after the commencement date, or any longer period that the Commissioner allows for delay caused by circumstances beyond the control of the parties; and
the contract provides to the effect that the building work must be completed within 12 months after it begins or, if the contract does not provide for a completion date for the building work, it is completed within 12 months after it begins;
or
the building of a new home by an owner builder if the eligible transaction is completed before 1 May 2003.
A class 2 eligible transaction is an eligible transaction the commencement date of which is not before 9 October 2001 and not after 31 December 2001 that is —
a contract for the purchase of a new home or a substantially renovated home; or
a comprehensive home building contract for a new home if —
the building work begins within 26 weeks after the commencement date, or any longer period that the Commissioner allows for delay caused by circumstances beyond the control of the parties; and
the contract provides to the effect that the building work must be completed within 18 months after it begins or, if the contract does not provide for a completion date for the building work, it is completed within 18 months after it begins;
or
the building of a new home by an owner builder if the eligible transaction is completed before 1 January 2004.
A class 3 eligible transaction is an eligible transaction the commencement date of which is not before 1 January 2002 and not after 30 June 2002 that is —
a contract for the purchase of a new home or a substantially renovated home; or
a comprehensive home building contract for a new home if —
the building work begins within 26 weeks after the commencement date, or any longer period that the Commissioner allows for delay caused by circumstances beyond the control of the parties; and
the contract provides to the effect that the building work must be completed within 18 months after it begins or, if the contract does not provide for a completion date for the building work, it is completed within 18 months after it begins;
or
the building of a new home by an owner builder if the eligible transaction is completed before 1 July 2004.
A class 4 eligible transaction is an eligible transaction the commencement date of which is not before 14 October 2008 and not after 30 September 2009 that is a contract for the purchase of an established home.
A class 5 eligible transaction is an eligible transaction the commencement date of which is not before 14 October 2008 and not after 30 September 2009 that is —
a contract for the purchase of a new home or a substantially renovated home; or
a comprehensive home building contract for a new home if —
the building work begins within 26 weeks after the commencement date; and
the contract provides to the effect that the building work must be completed within 18 months after it begins or, if the contract does not provide for a completion date for the building work, it is completed within 18 months after it begins;
or
the building of a new home by an owner builder if the eligible transaction is completed before the relevant date.
A class 6 eligible transaction is an eligible transaction the commencement date of which is not before 1 October 2009 and not after the cut‑off date that is a contract for the purchase of an established home.
A class 7 eligible transaction is an eligible transaction the commencement date of which is not before 1 October 2009 and not after the cut‑off date that is —
a contract for the purchase of a new home or a substantially renovated home; or
a comprehensive home building contract for a new home if —
the building work begins within 26 weeks after the commencement date; and
the contract provides to the effect that the building work must be completed within 18 months after it begins or, if the contract does not provide for a completion date for the building work, it is completed within 18 months after it begins;
or
the building of a new home by an owner builder if the eligible transaction is completed before the relevant date.
A class 8 eligible transaction is an eligible transaction the commencement date of which is not before 1 January 2017 and not after 30 June 2017 that is —
a contract for the purchase of a new home or a substantially renovated home; or
a comprehensive home building contract for a new home if —
the building work begins within 26 weeks after the commencement date; and
the contract provides to the effect that the building work must be completed within 18 months after it begins or, if the contract does not provide for a completion date for the building work, it is completed within 18 months after it begins;
or
the building of a new home by an owner builder if the eligible transaction is completed before the relevant date.
If the Commissioner is satisfied that a delay in building work is caused by circumstances beyond the control of the parties, the Commissioner may extend —
the period within which the building work is to begin under subsection (3)(b)(i), (4B)(b)(i) or (4C)(b)(i); or
the period within which the building work is to be completed under subsection (3)(b)(ii), (3)(c), (4B)(b)(ii), (4B)(c), (4C)(b)(ii), (4C)(c) or (6)(a).
For the purposes of this section, building work —
begins on —
the date when laying the foundations for the home begins; or
another date the Commissioner considers appropriate in the circumstances of the case;
and
is completed when the building is ready for occupation as a home.
The following eligible transactions are not special eligible transactions —
a contract for the purchase of a new home or a substantially renovated home on a proposed lot on a proposed plan of subdivision of land (including for a community titles scheme or amendment of a community titles scheme under the Community Titles Act 2018 or for a strata titles scheme or amendment of a strata titles scheme under the Strata Titles Act 1985) unless the contract provides to the effect that the building work must be completed before the relevant date or, if the contract does not provide for a completion date for the building work, it is completed before the relevant date;
a contract that the Commissioner is satisfied replaces a contract to purchase the same home, or replaces a comprehensive home building contract to build the same or a substantially similar home, if the replaced contract was made —
before 9 March 2001, in respect of a class 1, class 2 or class 3 eligible transaction; or
before 14 October 2008, in respect of a class 4, class 5, class 6 or class 7 eligible transaction; or
before 1 January 2017, in respect of a class 8 eligible transaction.
[Section 14B inserted: No. 14 of 2001 s. 5; amended: No. 13 of 2003 s. 5; No. 27 of 2009 s. 5; No. 16 of 2017 s. 9; No. 30 of 2018 s. 141; No. 32 of 2018 s. 212.]
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