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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
First Home Owner Grant (Special Eligible Transactions)
Amendment Bill 2009
A BILL FOR
An Act to amend the First Home Owner Grant Act 2000.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of First Home Owner Grant
Act 2000
4 Amendment of
section 12—Criterion 5—Residence
requirement
5 Substitution of section 13A
13A Special
eligible transactions
6 Amendment of section 18—Amount of
grant
7 Repeal of section 18A
8 Amendment of section 18B—Bonus
grant
9 Insertion of section 18C
18C Amount of grant must
not exceed consideration
10 Amendment of section 20—Payment
in anticipation of compliance with residence requirement
11 Amendment of
section 40—Power to recover amount paid in error etc
12 Insertion
of section 40A
40A Extensions of time
13 Amendment
of section 46—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the First Home Owner Grant (Special Eligible
Transactions) Amendment Act 2009.
(1) Subject to subsection (2), this Act (except sections 4, 10,
11 and 12) will be taken to have come into operation on
14 October 2008.
(2) Sections 4, 10, 11 and 12 come into operation on the day on which
this Act is assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of First Home Owner Grant
Act 2000
4—Amendment
of section 12—Criterion 5—Residence
requirement
(1) Section 12(1)—after "(or a shorter period approved by the
Commissioner)" insert:
(the residence period)
(2) Section 12(1)—after "(or within a longer period approved by the
Commissioner)" insert:
(the completion period)
(3) Section 12—after subsection (2) insert:
(3) The Commissioner may, if the Commissioner considers there are good
reasons for doing so, vary an applicant's residence requirement at any time
(including after the end of the period allowed for compliance with the residence
requirement) by approving a shorter residence period or a longer completion
period (or both).
(4) If the Commissioner varies a residence requirement under
subsection (3), the requirement as varied will be taken to have been the
applicant's residence requirement from the date of the determination of his or
her application.
Section 13A—delete the section and substitute:
13A—Special eligible
transactions
(1) Subject to subsection (5), an eligible transaction that is a
contract for the purchase of a home (other than a contract for an "off-the-plan"
purchase of a new home) is a special eligible transaction if the
contract is made between 14 October 2008 and
31 December 2009 (both dates inclusive).
(2) Subject to subsection (5), an eligible transaction that is a
comprehensive home building contract for a new home is a special eligible
transaction if—
(a) the contract is made between 14 October 2008 and
31 December 2009 (both dates inclusive); and
(b) the building work commences within 26 weeks after the contract is
made, or any longer period the Commissioner may, in particular circumstances,
allow; and
(c) the contract states that the eligible transaction must be completed
within 18 months after the building work is commenced or, in any other
case, the eligible transaction is completed within 18 months after the
building work is commenced.
(3) An eligible transaction that is the building of a new home by an
owner-builder is a special eligible transaction if the
commencement date of the eligible transaction is between
14 October 2008 and 31 December 2009 (both dates inclusive)
and the transaction is completed within 18 months after the building work
is commenced.
(4) Subject to subsection (5), an eligible transaction that is a
contract for an "off-the-plan" purchase of a new home is a special
eligible transaction if the contract is made between
14 October 2008 and 31 December 2009 (both dates inclusive)
and—
(a) in the case of a contract made between 14 October 2008 and
30 June 2009 (both dates inclusive)—
(i) the contract states that the eligible transaction must be completed on
or before 31 December 2010; or
(ii) in any other case, the eligible transaction is completed on or before
that date; and
(b) in the case of a contract made between 1 July 2009 and
30 September 2009 (both dates inclusive)—
(i) the contract states that the eligible transaction must be completed on
or before 31 March 2011; or
(ii) in any other case, the eligible transaction is completed on or before
that date; and
(c) in the case of a contract made between 1 October 2009 and
31 December 2009 (both dates inclusive)—
(i) the contract states that the eligible transaction must be completed on
or before 30 June 2011; or
(ii) in any other case, the eligible transaction is completed on or before
that date.
(5) An eligible transaction that is a contract is not a special eligible
transaction if the Commissioner is satisfied that—
(a) the contract replaces a contract made before
14 October 2008; and
(b) the replaced contract was—
(i) a contract for the purchase of the same home; or
(ii) a comprehensive home building contract to build the same or a
substantially similar home.
(6) The Commissioner may, in a particular case, if he or she considers
there are proper reasons for doing so, extend the time within which a special
eligible transaction must be completed under this section.
(7) For the purposes of this section, building work—
(a) commences—
(i) in the case of an eligible transaction that is the building of a home
by an owner builder—on the commencement date of the eligible transaction;
and
(ii) in any other case—when laying the foundations for the home
commences; and
(b) is completed when the building is ready for occupation as a
home.
(8) In this section—
contract for an "off-the-plan" purchase, of a new home, means
a contract for the purchase of the home on a proposed lot in an unregistered
plan of a subdivision of land;
new home means a home that has not been previously occupied
or sold as a place of residence and includes a substantially renovated
home;
substantially renovated home—a home is a substantially
renovated home if—
(a) the sale of the home is, under the A New Tax System (Goods and
Services Tax) Act 1999 of the Commonwealth, a taxable supply as a sale
of new residential premises within the meaning of section 40-75(1)(b)
(Meaning of new residential premises); and
(b) the home, as renovated, has not been previously occupied or sold as a
place of residence.
(9) The Governor may, by regulation—
(a) alter a date or period specified by this section in order to extend an
entitlement under this Act; or
(b) determine any other transaction to be a special eligible
transaction under this section,
if to do so is consistent with the extension of the Commonwealth/State
scheme for the payment of grants under this Act (and any such regulation may
have effect in accordance with its terms and without the need for any other
authorisation or appropriation).
6—Amendment of
section 18—Amount of grant
(1) Section 18(1)—delete "The amount" and substitute:
Subject to this section, the amount
(2) Section 18—after subsection (1) insert:
(2) If an eligible transaction is a special eligible transaction, the
amount of the first home owner grant will be increased by an additional payment
of—
(a) in the case of a special eligible transaction that is a contract for
the purchase of a home other than a new home—
(i) if the commencement date of the special eligible transaction is
between 14 October 2008 and 30 September 2009 (both dates
inclusive)—$7 000; and
(ii) if the commencement date of the special eligible transaction is
between 1 October 2009 and 31 December 2009 (both dates
inclusive)—$3 500; and
(b) in the case of any other special eligible transaction—
(i) if the commencement date of the special eligible transaction is
between 14 October 2008 and 30 September 2009 (both dates
inclusive)—$14 000; and
(ii) if the commencement date of the special eligible transaction is
between 1 October 2009 and 31 December 2009 (both dates
inclusive)—$7 000.
(3) The Governor may, by regulation—
(a) alter a date or amount specified by subsection (2) in order to
extend an entitlement under this Act; or
(b) prescribe the additional amount payable in respect of a special
eligible transaction,
if to do so is consistent with the extension of the Commonwealth/State
scheme for the payment of grants under this Act (and any such regulation may
have effect in accordance with its terms and without the need for any other
authorisation or appropriation).
(4) A regulation under this section may make different provision according
to the matters or circumstances to which the regulation is expressed to
apply.
(5) In this section—
special eligible transaction—see
section 13A.
Section 18A—delete the section
8—Amendment of
section 18B—Bonus grant
(1) Section 18B(2)—delete "Subject to subsection (3), the"
and substitute:
The
(2) Section 18B(3)—delete subsection (3)
After section 18B insert:
18C—Amount of grant must not exceed
consideration
If, by virtue of an additional payment under section 18(2) or a first
home bonus grant under section 18B, the total amount payable to an
applicant for a first home owner grant would, but for this section, exceed the
consideration for the eligible transaction, the additional payment or the first
home bonus grant will, as determined by the Commissioner, be adjusted so that
the total amount payable to the applicant is equal to the amount of the
consideration.
10—Amendment
of section 20—Payment in anticipation of compliance with residence
requirement
Section 20—after subsection (3) insert:
(3a) However, if the Commissioner has varied the applicant's residence
requirement under section 12(3), the following provisions apply:
(a) a reference in subsection (2) or (3) to the residence requirement
is a reference to the residence requirement as varied;
(b) the applicant is exempt from the requirement to comply with the
condition prescribed by subsection (2) insofar as the condition relates to
the original residence requirement;
(c) the exemption will be taken to have come into force when the
application was first determined.
11—Amendment
of section 40—Power to recover amount paid in error
etc
(1) Section 40(6)—after "The Commissioner may"
insert:
, on application by an applicant (or former applicant) for a first home
owner grant, or on his or her own initiative,
(2) Section 40(6)—after "unwarranted" insert:
(but the Commissioner is under no obligation to consider whether to act
under this subsection unless or until such an application is made or it
otherwise appears necessary for him or her to do so)
After section 40 insert:
40A—Extensions of time
(1) If the Commissioner is authorised to extend a time limit, or to
shorten a minimum period, under this Act, the Commissioner may, if to do so is
consistent with the provisions of this Act, extend the time limit or shorten the
period even if it has already expired.
(2) This section applies to any time limit, whether it expired before or
after the commencement of this section.
13—Amendment of
section 46—Regulations
Section 46(4)—delete "18A" and substitute:
18