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This is a Bill, not an Act. For current law, see the Acts databases.


FIRST HOME OWNER GRANT AND OTHER LEGISLATION AMENDMENT BILL 2001

        Queensland




FIRST HOME OWNER GRANT
 AND OTHER LEGISLATION
  AMENDMENT BILL 2001

 


 

 

Queensland FIRST HOME OWNER GRANT AND OTHER LEGISLATION AMENDMENT BILL 2001 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2--AMENDMENT OF FIRST HOME OWNER GRANT ACT 2001 3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of new pt 3, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 5--Special eligible transactions 25A Meaning of "new home" for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 25B Meaning of "special eligible transaction" for div 5 . . . . . . . . . . . . . . 5 25C Amount of grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 25D Expiry of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 7--TRANSITIONAL PROVISIONS FOR FIRST HOME OWNER GRANT AMENDMENT ACT 2001 72 Saving of operation of pt 3, div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 3--AMENDMENT OF GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 6 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 59 (Access principles for the Queensland part of the PNG to Queensland pipeline). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 8 MINOR AMENDMENTS

 


 

 

2001 A BILL FOR An Act to amend the First Home Owner Grant Act 2000, and for other purposes

 


 

s1 4 s4 First Home Owner Grant and Other Legislation Amendment Bill 2001 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title Clause 3 This Act may be cited as the First Home Owner Grant and Other 4 Legislation Amendment Act 2001. 5 2 Commencement Clause 6 This part, part 2 and the schedule are taken to have commenced on 7 9 March 2001. 8 PART 2--AMENDMENT OF FIRST HOME OWNER 9 GRANT ACT 2001 10 3 Act amended in pt 2 Clause 11 This part amends the First Home Owner Grant Act 2000. 12 4 Insertion of new pt 3, div 5 Clause 13 After section 25-- 14 insert-- 15 `Division 5--Special eligible transactions 16 `25A Meaning of "new home" for div 5 17 `(1) A "new home" is a home that-- 18 (a) has not been previously occupied or sold as a place of residence; 19 or 20 (b) is a substantially renovated home. 21

 


 

s4 5 s4 First Home Owner Grant and Other Legislation Amendment Bill 2001 `(2) For subsection (1)(b), a home is a substantially renovated home if-- 1 (a) the home is the subject of a contract for the purchase of the 2 home; and 3 (b) the sale of the home under the contract is, under the A New Tax 4 System (Goods and Services Tax) Act 1999 (Cwlth), a taxable 5 supply as a sale of new residential premises as defined under 6 section 40-75(1)(b) of that Act; and 7 (c) the home, as renovated, has not been previously occupied or sold 8 as a place of residence. 9 `25B Meaning of "special eligible transaction" for div 5 10 `(1) A "special eligible transaction" is an eligible transaction the 11 commencement date for which is between 9 March 2001 and 31 December 12 2001, both dates inclusive, that is-- 13 (a) a contract for the purchase of a new home; or 14 (b) a comprehensive home building contract for a new home if-- 15 (i) the building work starts within 16 weeks after the 16 commencement date, or within the longer period the 17 commissioner allows in particular circumstances; and 18 (ii) the contract states the building work must be completed 19 within 1 year after it is started or, if the contract does not 20 state a completion date for the building work, it is 21 completed within 1 year after it is started; or 22 (c) the building of a new home by an owner builder if the eligible 23 transaction is completed before 1 May 2003. 24 `(2) However, an eligible transaction mentioned in subsection (1)(a) that 25 is a contract to purchase a new home on a proposed lot on an unregistered 26 plan of subdivision of land is a special eligible transaction only if the 27 contract states the building work must be completed before 1 May 2003 or, 28 if the contract does not state a completion date for the building work, it is 29 completed before that date. 30 `(3) Also, an eligible transaction that is a contract is not a special eligible 31 transaction if the commissioner is satisfied the contract forms part of a 32 scheme to circumvent limitations on, or requirements affecting, eligibility 33 or entitlement to a first home owner grant for a special eligible transaction. 34

 


 

s5 6 s5 First Home Owner Grant and Other Legislation Amendment Bill 2001 `(4) Unless satisfied to the contrary, the commissioner must presume the 1 existence of a scheme mentioned in subsection (3) if the contract replaces a 2 contract made before 9 March 2001 that is a contract to purchase the same 3 or substantially similar home or a comprehensive home building contract to 4 build the same or a substantially similar home. 5 `(5) For this section, building work-- 6 (a) starts when laying the foundations for the home starts; and 7 (b) is completed when the building is ready for occupation as a home 8 and any completion requirements prescribed under a regulation 9 for this paragraph are complied with. 10 `25C Amount of grant 11 `Despite section 20, the amount of a first home owner grant for an 12 eligible transaction that is a special eligible transaction is the lesser of the 13 following-- 14 (a) the consideration for the transaction; 15 (b) $14 000. 16 `25D Expiry of div 5 17 `This division expires on 31 December 2001.'. 18 5 Insertion of new pt 7 Clause 19 After section 71-- 20 insert-- 21 `PART 7--TRANSITIONAL PROVISIONS FOR FIRST 22 HOME OWNER GRANT AMENDMENT ACT 2001 23 `72 Saving of operation of pt 3, div 5 24 `(1) Despite the expiry of part 3, division 5, this Act, as in force 25 immediately before the expiry, continues to apply in relation to an eligible 26 transaction that is, or would be apart from the expiry, a special eligible 27 transaction as defined for the division. 28

 


 

s6 7 s7 First Home Owner Grant and Other Legislation Amendment Bill 2001 `(2) Subsection (1) does not limit the Acts Interpretation Act 1954, 1 section 20.1'. 2 PART 3--AMENDMENT OF GAS PIPELINES ACCESS 3 (QUEENSLAND) ACT 1998 4 6 Act amended in pt 3 Clause 5 This part amends the Gas Pipelines Access (Queensland) Act 1998. 6 7 Amendment of s 59 (Access principles for the Queensland part of Clause 7 the PNG to Queensland pipeline) 8 Section 59(1)(a), `within 1 year after the commencement of this Act'-- 9 omit, insert-- 10 `before 1 December 2002'. 11 1 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)

 


 

8 First Home Owner Grant and Other Legislation Amendment Bill 2001 SCHEDULE 1 MINOR AMENDMENTS 2 section 3 3 1 Section 3, `schedule 1'-- 4 omit, insert-- 5 `the schedule'. 6 2 Schedule 1, heading-- 7 omit, insert-- 8 `SCHEDULE'. 9 State of Queensland 2001

 


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