Commissioner may require repayment and impose penalty
51 Commissioner may require repayment and impose penalty
The Commissioner may, by written notice, require an applicant for a first home owner grant to repay an amount paid on the application if —
the amount was paid in error; or
the Commissioner reverses the decision under which the amount was paid for a reason other than that the amount was paid in error; or
the Commissioner imposed a condition on the payment of the amount with which the applicant (or any joint applicant) has failed to comply within the period stated in the condition; or
the amount was paid on the basis that the eligible transaction was of a class referred to in section 14B but the eligible transaction is not of such a class.
For the purposes of subsection (1)(d), the amount that the Commissioner may require an applicant to repay is —
if the amount paid on the application was more than the standard grant amount — the difference between those amounts; or
if the amount paid on the application was equal to or less than the standard grant amount — nil.
In subsection (1A) —
standard grant amount, in relation to an eligible transaction, means the amount of the first home owner grant payable in respect of the transaction under section 19(2A) to (2C).
If an amount paid on an application for a first home owner grant was paid in error because of information that the Commissioner considers to be false or misleading given by the applicant in or in relation to the application, the Commissioner may, by written notice, impose a penalty of not more than the amount the applicant is required to pay.
If an amount required to be repaid under this section by an applicant is not paid within the period mentioned in subsection (4), the Commissioner may, by written notice, impose a penalty of not more than the amount the applicant is required to pay.
Subject to section 52, a repayment required, or a penalty imposed, under this section must be paid by the applicant within 28 days after the date on which notice of the requirement or penalty is given to the applicant.
If a person is liable to pay a penalty under both subsections (2) and (3), payment of the penalty under one subsection discharges the person from liability to pay the penalty under the other subsection to the extent of the payment made.
[Section 51 amended: No. 16 of 2017 s. 16.]
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