First Home Owner Grant Regulations 2000

If —

a person —

enters into a comprehensive home building contract to have a home built; or

as an owner builder, begins the building of a home,

the Commissioner is satisfied that —

the person is eligible for financial assistance under a scheme that provides financial assistance to persons with disabilities that is administered by the department of the Public Service principally assisting the Minister in the administration of the Housing Act 1980; and

the person has been given written permission by the owner of the land to occupy the home when it is completed,

A person who is not eligible for financial assistance under a scheme referred to in subregulation (1)(b)(i) is taken to be eligible for that assistance for the purposes of this regulation if the Commissioner is satisfied that it is only because of the person’s financial circumstances that the person is not eligible for that assistance.

If —

a person —

enters into a comprehensive home building contract to have a home built; or

as an owner builder, begins the building of a home,

the Commissioner is satisfied that —

the land is used solely or principally for a primary production business; and

the person has been given written permission by the owner of the land to occupy the home when it is completed,

In subregulation (1) —

an agricultural, silvicultural or reafforestation business; or

a grazing, horse‑breeding, horticultural, viticultural, apicultural, pig‑raising or poultry‑farming business.

The cap amount for the purposes of section 14AD(a) of the Act is $800 000.

Subregulation (1) applies in relation to a transaction the commencement date of which is on or after 7 May 2026.

A person who gives permission for a home to be occupied as mentioned in regulation 4(1)(b)(ii) or 5(1)(b)(ii) is excluded from the operation of section 16(1) of the Act in relation to an application for a first home owner grant in relation to the home.

If an application for a first home owner grant is in respect of a non‑strata home unit, then a person who is an interested person is excluded from the operation of section 16(1) of the Act if the person is not, or will not be, on completion of the transaction to which the application relates, lawfully entitled to the exclusive right to occupy that non‑strata home unit.

A person who owns land is excluded from the operation of section 16(1) of the Act in relation to an application for a first home owner grant in relation to a new home on the land if the Commissioner is satisfied that —

it is proposed at the commencement date of the eligible transaction that the land on which the home is to be built will be the subject of a strata titles scheme registered under the Strata Titles Act 1985; and

the strata titles scheme is, or will be, registered as soon as practicable after the eligible transaction is completed; and

the person is not, or will not become, as a result of the registration of the strata titles scheme, an owner of the home.

In subregulation (2a) —

under a comprehensive home building contract; or

by an owner builder.

A person is excluded from the operation of section 16(1) of the Act if —

the person is a guardian of a person under a legal disability; and

the person holds, or will hold, on completion of the transaction to which the application for a first home owner grant relates, the relevant interest as a trustee for the person under a legal disability.

A person (the co‑owner) is excluded from the operation of section 16(1) of the Act if —

there is at least one other interested person in relation to the application for a first home owner grant; and

the co‑owner is an interested person in relation to the application only because of a requirement by a financial institution for a guarantee by the co‑owner of money advanced to the applicant on the security of the land in which the co‑owner has, or will have, the relevant interest.

If the State Housing Commission is an interested person, that Commission is excluded from the operation of section 16(1) of the Act.

Nyamba Buru Yawuru Ltd is excluded from the operation of section 16(1) of the Act in relation to an application for a first home owner grant if the transaction to which the application relates is pursuant to the Yawuru Home Ownership Project.

In this regulation —

contains 2 or more such parts, each of which is designed for use as a self‑contained unit for living purposes; and

is erected on land that is owned by 2 or more persons as tenants in common, each of whom is —

the registered proprietor under the Transfer of Land Act 1893 of one or more undivided shares in the whole of the land; and

lawfully entitled to the exclusive right to occupy a specified part of the building;

For the purposes of subregulation (2) and paragraph (b)(ii) of the definition of non‑strata home unit in subregulation (4), a person is lawfully entitled to the exclusive right to occupy a specified part of a building erected on land if —

that person or their predecessor in title has entered into an agreement with all other owners of undivided shares in the land or their predecessors in title; and

that agreement provides for them or their predecessor in title to have exclusive rights of occupation in relation to that specified part of the building (whether or not those rights are immediately exercisable).

The rate of interest for the purposes of section 30(3), (4)(d), (5)(c) and (6)(c) of the Act is 4.4% per annum.

The rate of interest for the purposes of section 32(2), (3)(d), (4)(c) and (5)(c) of the Act is 4.4% per annum.

The rate of interest for the purposes of section 52(3)(a) and (7) of the Act is 12.4% per annum.

The conditions that, under subsection (2) of section 37 of the Act, are to be included in the conditions specified in an administration agreement entered into by a financial institution or other person (a delegate) under that section are the conditions to which subregulations (2) and (3) apply.

This subregulation applies to the conditions that a delegate is to —

maintain the records in relation to an application for a first home owner grant administered by the delegate; and

provide the records or copies of the records to the Commissioner when required by the Commissioner to do so and, subject to reasonable notice, allow the Commissioner to have access to and inspect the records at any reasonable time; and

retain the records for a period of 5 years after the payment of the first home owner grant to which the application relates.

This subregulation applies to the condition that a delegate is entitled to retain any interest that accrues on amounts —

received by the delegate from the Commissioner for the payment of first home owner grants by the delegate on behalf of the Commissioner; and

held in an account used by the delegate solely for the purpose of receiving those amounts and any other amounts approved by the Commissioner.

In subregulation (2) —

the form on which the application for the grant was made; and

any document that the Commissioner notifies the delegate in writing is a record for the purposes of this paragraph; and

any other document given to or created by the delegate that relates to the application.

Subject to subregulation (2), a person who is required to attend for examination under section 41 of the Act (a witness) is entitled to be paid —

a fee determined by the Commissioner according to the time taken by the examination and the amount that the Commissioner considers, by reference to an appropriate publication, to be the average weekly earnings in the State; and

if the witness resides more than 7 kilometres from the place where the examination is held — an amount for travelling expenses that the Commissioner considers reasonable and that is not more than the amount paid by the witness.

If an examination under section 41 of the Act is held in relation to an application for a first home owner grant, subregulation (1) does not apply to a witness who is the applicant or the applicant’s spouse or de facto partner.

In subregulation (1) —

if sent by post to an address within the State, on the 4^th business day following the day on which the document is sent to the person to whom it is addressed;

if sent by post to an address outside the State but within Australia, on the 6^th business day following the day on which the document is sent to the person to whom it is addressed;

if sent by post to an address outside Australia, on the 14^th business day following the day on which the document is sent to the person to whom it is addressed;

in any other case, on the business day following the day on which the document is sent to, left for, or otherwise communicated to, the person to whom it is addressed.

The Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth is authorised to receive confidential information under section 65(3)(a) of the Act.

The disclosure of confidential information is permitted under section 65(3)(c) of the Act to the following —

the Minister, if the disclosure is made for the purposes of the administration of the first home owner grant scheme;

the Minister, if the disclosure is made for the purpose of enabling the Minister to respond to a member of the Parliament of the State or of the Commonwealth who has written to the Minister on behalf of a person about the person’s affairs;

an officer of a department of the Public Service that administers a scheme that provides financial assistance in relation to home ownership, if the disclosure is made for the purposes of the administration of the scheme;

the Minister responsible for the administration of a scheme referred to in paragraph (c), if the disclosure is made for the purposes of that administration or the formulation of policy in relation to the scheme;

a person involved in the administration of a relevant scheme, if the disclosure is made for the purposes of the administration of the scheme;

a person performing functions delegated to the person by the Commissioner under an administration agreement entered into under section 37 of the Act, if the disclosure is made for the purposes of an application for a first home owner grant administered by that person;

the Commissioner of Taxation of the Commonwealth, if the disclosure is made for the purposes of the administration of the First Home Saver Accounts Act 2008 (Commonwealth) ¹;

an applicant’s agent, if —

the agent has apparent authority to act for the applicant in respect of the application or the home the subject of the application; and

the disclosure is made in respect of the application;

a person who accesses the information through a protected web site;

an officer of the department of the Public Service principally assisting the Minister in the administration of the Act;

an officer of the department of the Public Service principally assisting the Treasurer.

Subregulation (2)(b) does not limit the operation of subregulation (2)(a).

In this regulation —

to provide financial assistance by way of the payment of grants, subsidies or rebates; and

under principles approved by the Minister.