[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia First Home Owner Grant Amendment Bill 2001 CONTENTS 1. Short title 1 2. Commencement 2 3. The Act amended 2 4. Subdivision heading inserted 2 5. Part 2 Division 3 Subdivision 2 inserted 2 6. Section 19 amended 4 7. Saving of right to object 5 page i 21 -- 1 Western Australia LEGISLATIVE ASSEMBLY First Home Owner Grant Amendment Bill 2001 A Bill for An Act to amend the First Home Owner Grant Act 2000 and for related purposes. The Parliament of Western Australia enacts as follows: 1. Short title This Act may be cited as the First Home Owner Grant Amendment Act 2001. page 1 First Home Owner Grant Amendment Bill 2001 s. 2 2. Commencement This Act is to be taken to have come into operation on 9 March 2001. 3. The Act amended 5 The amendments in this Act are to the First Home Owner Grant Act 2000*. [* Act No. 16 of 2000. For subsequent amendments see 2000 Index to Legislation of Western Australia Table 1, p. 166.] 10 4. Subdivision heading inserted Before section 14 the following Subdivision heading is inserted in Part 2 Division 3 -- " Subdivision 1 -- Eligible transactions ". 5. Part 2 Division 3 Subdivision 2 inserted 15 After section 14 the following Subdivision is inserted in Part 2 Division 3 -- " Subdivision 2 -- Special eligible transactions 14A. Meaning of "new home" 20 In this Subdivision, a "new home" is a home that has not been previously occupied or sold as a place of residence. 14B. Special eligible transactions (1) A "special eligible transaction" is an eligible transaction the commencement date of which is not before 25 9 March 2001 and not after 31 December 2001 that is -- (a) a contract for the purchase of a new home or a substantially renovated home; page 2 First Home Owner Grant Amendment Bill 2001 s. 5 (b) a comprehensive home building contract for a new home if -- (i) the building work begins within 16 weeks after the commencement date, 5 or any longer period that the Commissioner allows for delay caused by circumstances beyond the control of the parties; and (ii) the contract provides to the effect that 10 the building work must be completed within 12 months after it begins or, if the contract does not provide for a completion date for the building work, it is completed within 12 months after it 15 begins; or (c) the building of a new home by an owner builder if the eligible transaction is completed before 1 May 2003. 20 (2) For the purposes of paragraph (a) of subsection (1), a home is a substantially renovated home if -- (a) the sale of the home under the contract referred to in that paragraph is, under the A New Tax System (Goods and Services Tax) Act 1999 of 25 the Commonwealth, a taxable supply as a sale of new residential premises within the meaning of section 40-75(1)(b) of that Act; and (b) the home, as so renovated, has not been previously occupied or sold as a place of 30 residence. (3) However, an eligible transaction mentioned in subsection (1)(a) that is a contract to purchase a home on a proposed lot on a proposed plan of subdivision of land (including a proposed strata plan or survey-strata page 3 First Home Owner Grant Amendment Bill 2001 s. 6 plan within the meaning of the Strata Titles Act 1985) is a special eligible transaction only if the contract provides to the effect that the building work must be completed before 1 May 2003 or, if the contract does 5 not provide for a completion date for the building work, it is completed before that date. (4) Also, an eligible transaction that is a contract is not a special eligible transaction if the Commissioner is satisfied that the contract replaces a contract made 10 before 9 March 2001 that was a contract to purchase the same home or a comprehensive home building contract to build the same or a substantially similar home. (5) For the purposes of this section, building work -- 15 (a) begins when laying the foundations for the home begins; and (b) is completed when the building is ready for occupation as a home. ". 20 6. Section 19 amended (1) Section 19 is amended before "The" by inserting the subsection designation "(1)". (2) At the end of section 19 the following subsection is inserted -- " 25 (2) Despite subsection (1), the amount of a first home owner grant for an eligible transaction that is a special eligible transaction within the meaning of section 14B is the lesser of the following -- (a) the consideration for the special eligible 30 transaction; (b) $14 000. ". page 4 First Home Owner Grant Amendment Bill 2001 s. 7 7. Saving of right to object (1) Section 28 of the First Home Owner Grant Act 2000 applies in relation to an application for a first home owner grant for an eligible transaction that is a special eligible transaction as if 5 subsection (1) of that section were repealed and the following subsection were inserted instead -- " (1) An objection to a decision on the application is to be lodged within 60 days after the later of -- 10 (a) the date on which notice of the decision is given to the objector; or (b) the day on which the First Home Owner Grant Amendment Act 2001 received the Royal Assent. 15 ". (2) In subsection (1) -- "eligible transaction", "first home owner grant" and "special eligible transaction" each has the same meaning as it has in the First Home Owner Grant Act 2000, as amended by 20 this Act.
[Index] [Search] [Download] [Related Items] [Help]