Effect of grant relief declaration
64F Effect of grant relief declaration
In this section —
affected transaction, in relation to a grant relief measure that is set out in a grant relief declaration, means a transaction —
to which the measure applies as specified in the declaration under section 64B(4)(a); and
the commencement date of which occurs in the period specified in the declaration under section 64B(4)(b);
eligible person, in relation to a grant relief measure that is set out in a grant relief declaration, means a person —
to whom the measure applies as specified in the declaration under section 64B(4)(c); and
who has complied with the procedural requirements (if any) approved for the grant relief measure under section 64E.
This section applies if a grant relief declaration setting out a grant relief measure is in operation.
Despite any other provision of this Act, the Commissioner must do everything necessary to give effect to the grant relief measure, including authorising the payment of any amount or additional amount to which a person is entitled as a result of the measure.
Without limiting subsection (3) —
if the grant relief measure is an increase in a grant amount — despite section 19, the amount of any first home owner grant payable in relation to an affected transaction on an application by an eligible person is, or is taken to have been, the amount determined in accordance with the increased grant amount set out in the declaration; and
if the grant relief measure is an increase in a cap amount — despite section 14AD and any regulations made for the purposes of that section, the cap amount that applies in relation to an affected transaction on an application by an eligible person is, or is taken to have been, the increased cap amount set out in the declaration.
The other provisions of this Act apply subject to the declaration and subsections (3) and (4) and, without limitation, all decisions, payments, objections, review proceedings, repayment proceedings and enforcement proceedings must be made or conducted accordingly.
[Section 64F inserted: No. 1 of 2022 s. 12.]
This provision refers to the regulations (any regulations
). Made under this Act:
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