First Home Owner Grant Act 2000

The Commissioner may authorise payment of a first home owner grant —

in anticipation of compliance with the residence requirements; or

if the requirement under section 13(4) has been complied with, in anticipation of compliance with the requirement under section 13(1),

A payment authorised under subsection (1) is made on condition that, if an applicant —

does not comply with the requirement under section 13(4); or

becomes aware that the requirement under section 13(4) will not be complied with; or

having complied with the requirement under section 13(4) —

does not comply with the requirement under section 13(1); or

becomes aware that the requirement under section 13(1) will not be complied with,

give written notice of that fact to the Commissioner; and

either repay the amount of the grant, or make an application under section 52(2) for the Commissioner to approve an arrangement for the repayment of the amount of the grant.

In subsection (2) —

for subsection (2)(a) — the day after the day on which the take‑up period ends;

for subsection (2)(b) — the day on which the applicant first becomes aware that the requirement under section 13(4) will not be complied with;

for subsection (2)(c)(i) — the day on which the applicant stops using the home as the applicant’s principal place of residence;

for subsection (2)(c)(ii) — the day on which the applicant first becomes aware that the requirement under section 13(1) will not be complied with.

In the case of a joint application, each joint applicant is individually liable to comply with subsection (2)(d) and (e), but compliance by any one or more of the joint applicants is taken to be compliance by both or all of them.

The Commissioner may, by written notice, impose a penalty on an applicant if the applicant —

does not comply with subsection (2)(e) within the 30 day period mentioned in subsection (2); or

does not repay the amount of the grant in accordance with an arrangement approved for the purposes of subsection (2)(e).

The amount of a penalty imposed under subsection (5) is not to exceed the amount that the applicant is required to repay under subsection (2).

Subject to section 52, the amount of a penalty imposed under subsection (5) must be paid by the applicant within 28 days after the date on which notice of the penalty is given to the applicant.