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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
First Home Owner Grant Amendment Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments
3. The Act amended 3
4. Section 6 amended 3
Part 3 -- Transitional provisions
Division 1 -- First home owner grant
5. Terms used in this Division 4
6. Application of amendments to FHOG Act section 12 4
7. Application of amendments to FHOG Act section 15 4
8. Application of amendments to existing first home
owner grants 5
Division 2 -- Stamp duty
9. Terms used in this Division 5
10. Assessment of duty under Stamp Act 1921
section 75AG for transfers relating to certain first
home owners 6
061--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
First Home Owner Grant Amendment Bill 2005
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:
page 1
First Home Owner Grant Amendment Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the First Home Owner Grant Amendment Act 2005.
2. Commencement
5 (1) Subject to subsection (2), this Act comes into operation on the
day on which it receives the Royal Assent.
(2) Section 4 is deemed to have come into operation on 1 July 2000.
page 2
First Home Owner Grant Amendment Bill 2005
Amendments Part 2
s. 3
Part 2 -- Amendments
3. The Act amended
The amendments in this Part are to the First Home Owner Grant
Act 2000*.
5 [* Reprint 1 as at 3 June 2005.]
4. Section 6 amended
Section 6(1)(f) is amended by deleting "Commonwealth or the
State" and inserting instead --
" Commonwealth, the State or a local government ".
page 3
First Home Owner Grant Amendment Bill 2005
Part 3 Transitional provisions
Division 1 First home owner grant
s. 5
Part 3 -- Transitional provisions
Division 1 -- First home owner grant
5. Terms used in this Division
(1) In this Division --
5 "commencement day" means the day on which this Act
receives the Royal Assent;
"FHOG Act" means the First Home Owner Grant Act 2000;
"relevant eligible transaction" means an eligible
transaction --
10 (a) relating to a relevant interest in land that is a licence
or right of occupancy granted by a local government,
as described in the FHOG Act section 6(1)(f) (as
amended by this Act); and
(b) the commencement date of which is on or before the
15 commencement day.
(2) A term used in this Division that is defined in the FHOG Act
has the same meaning in this Division as it has in that Act.
6. Application of amendments to FHOG Act section 12
(1) If, before the commencement day, a person was not ineligible
20 under the FHOG Act section 12 to be an applicant for a first
home owner grant, the person does not become ineligible under
that section on and after that day to be such an applicant only
because of the amendments to that Act effected by section 4.
(2) However, subsection (1) applies only if the commencement date
25 of the eligible transaction to which the application relates is on
or before the commencement day.
7. Application of amendments to FHOG Act section 15
(1) If an application for a first home owner grant that relates to a
relevant eligible transaction is made under the FHOG Act,
page 4
First Home Owner Grant Amendment Bill 2005
Transitional provisions Part 3
Stamp duty Division 2
s. 8
section 15 of that Act applies to the application as if
subsection (5) of that section were repealed and the following
subsection were inserted instead --
"
5 (5) The application may only be made within the period --
(a) beginning on the commencement date of the
relevant eligible transaction; and
(b) ending 12 months after the later of --
(i) the completion of the relevant eligible
10 transaction; or
(ii) the day on which the First Home Owner
Grant Amendment Act 2005 receives the
Royal Assent.
".
15 (2) Subject to subsection (1) and section 6, the FHOG Act as in
force on the commencement date of the relevant eligible
transaction applies to and in relation to an application referred
to in that subsection.
8. Application of amendments to existing first home owner
20 grants
The amendments to the FHOG Act effected by section 4 do not
affect the validity of a first home owner grant that has been
paid, or authorised to be paid, before the commencement day.
Division 2 -- Stamp duty
25 9. Terms used in this Division
(1) In this Division --
"commencement day" means the day on which this Act
receives the Royal Assent;
"relevant instrument of transfer" means an instrument of
30 transfer --
page 5
First Home Owner Grant Amendment Bill 2005
Part 3 Transitional provisions
Division 2 Stamp duty
s. 10
(a) relating to a relevant interest in land that is a licence
or right of occupancy granted by a local government,
as described in the First Home Owner Grant
Act 2000 section 6(1)(f) (as amended by this Act);
5 and
(b) executed not before 1 July 2004 and not after the
commencement day;
"section 75AG" means the Stamp Act 1921 section 75AG.
(2) A term used in this Division that is defined in section 75AG has
10 the same meaning in this Division as it has in that section.
10. Assessment of duty under Stamp Act 1921 section 75AG for
transfers relating to certain first home owners
If an application is made to the Commissioner under
section 75AG for the amount of duty chargeable on a relevant
15 instrument of transfer to be assessed under that section,
section 75AG applies to the application as if subsection (4) of
that section were repealed and the following subsection were
inserted instead --
"
20 (4) The application may only be made within the period --
(a) beginning on the commencement date of the
eligible transaction to which the application
relates; and
(b) ending 12 months after the later of --
25 (i) the completion of the eligible
transaction; or
(ii) the day on which the First Home Owner
Grant Amendment Act 2005 receives the
Royal Assent.
30 ".
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