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


FIRST HOME OWNER GRANT AMENDMENT BILL 2017

                       Western Australia


First Home Owner Grant Amendment Bill 2017

                           Contents

   1.    Short title                                           2
   2.    Commencement                                          2
   3.    Act amended                                           2
   4.    Section 6 amended                                     2
   5.    Section 12 amended                                    2
   6.    Section 13B inserted                                  3
         13B.     Criterion 7 -- applicant must not hold
                  relevant interest as trustee            3
   7.    Section 14AA amended                                  3
   8.    Section 14A amended                                   3
   9.    Section 14B amended                                   4
   10.   Section 19 amended                                    5
   11.   Section 22 amended                                    5
   12.   Section 28 amended                                    6
   13.   Section 51 amended                                    6
   14.   Section 52 amended                                    7
   15.   Section 52A inserted                                  8
         52A.     Commissioner may recover legal costs    8
   16.   Section 53 amended                                    8
   17.   Section 62 amended                                    9
   18.   Section 69 amended                                    9




                            16--1B                             page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


First Home Owner Grant Amendment Bill 2017

                               A Bill for


An Act to amend the First Home Owner Grant Act 2000.



The Parliament of Western Australia enacts as follows:




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     First Home Owner Grant Amendment Bill 2017



     s. 1




1    1.         Short title
2               This is the First Home Owner Grant Amendment Act 2017.

3    2.         Commencement
4               This Act comes into operation as follows --
5                (a) sections 1 and 2 come into operation on the day on
6                      which this Act receives the Royal Assent (assent day);
7                (b) sections 8 to 13 are deemed to have come into operation
8                      on 1 January 2017;
9                (c) the rest of the Act comes into operation on the day after
10                     assent day.

11   3.         Act amended
12              This Act amends the First Home Owner Grant Act 2000.

13   4.         Section 6 amended
14              Delete section 6(2)(a) and (b).

15   5.         Section 12 amended
16        (1)   In section 12(1)(a) delete "the State; or" and insert:
17

18              the State, other than a relevant interest held subject to a trust; or
19

20        (2)   In section 12(3)(a) delete "the State" and insert:
21

22              the State, other than a relevant interest held subject to a trust,
23




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                                                                                    s. 6



1    6.     Section 13B inserted
2           At the end of Part 2 Division 2 insert:
3


4         13B.         Criterion 7 -- applicant must not hold relevant
5                      interest as trustee
6                      An applicant is ineligible in relation to a transaction if
7                      the applicant owns or will, on completion of the
8                      transaction, own the home in circumstances where the
9                      applicant holds the relevant interest as a trustee.
10


11   7.     Section 14AA amended
12          Delete section 14AA(2)(a) and insert:
13

14                       (a)   in the case of a contract for the purchase of a
15                             home -- the purchaser acquires the relevant
16                             interest in land on which the home is built; or
17


18   8.     Section 14A amended
19          In section 14A in the definition of relevant date:
20            (a) in paragraph (d) delete "transaction;" and insert:
21

22                      transaction; or
23

24               (b)    after paragraph (d) insert:
25

26                       (e)   in relation to a class 8 eligible transaction --
27                             1 July 2019;
28




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     s. 9



1    9.          Section 14B amended
2         (1)    After section 14B(4B) insert:
3

4               (4C)   A class 8 eligible transaction is an eligible transaction
5                      the commencement date of which is not before
6                      1 January 2017 and not after 30 June 2017 that is --
7                        (a) a contract for the purchase of a new home or a
8                             substantially renovated home; or
9                        (b) a comprehensive home building contract for a
10                            new home if --
11                               (i) the building work begins within
12                                     26 weeks after the commencement date;
13                                     and
14                              (ii) the contract provides to the effect that
15                                     the building work must be completed
16                                     within 18 months after it begins or, if
17                                     the contract does not provide for a
18                                     completion date for the building work, it
19                                     is completed within 18 months after it
20                                     begins;
21                            or
22                       (c) the building of a new home by an owner builder
23                            if the eligible transaction is completed before
24                            the relevant date.
25

26        (2)    Delete section 14B(4) and insert:
27

28               (4)   If the Commissioner is satisfied that a delay in building
29                     work is caused by circumstances beyond the control of
30                     the parties, the Commissioner may extend --
31                       (a) the period within which the building work is to
32                             begin under subsection (3)(b)(i), (4B)(b)(i) or
33                             (4C)(b)(i); or

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                                                                                  s. 10



1                        (b)   the period within which the building work is to
2                              be completed under subsection (3)(b)(ii), (3)(c),
3                              (4B)(b)(ii), (4B)(c), (4C)(b)(ii), (4C)(c) or
4                              (6)(a).
5

6          (3)   In section 14B(6):
7                  (a) in paragraph (b)(ii) delete "transaction." and insert:
8

9                        transaction; or
10

11                (b)    after paragraph (b)(ii) insert:
12

13                              (iii)    before 1 January 2017, in respect of a
14                                       class 8 eligible transaction.
15


16   10.         Section 19 amended
17               In section 19(3) in the definition of relevant amount:
18                 (a) in paragraph (f) delete "$14 000." and insert:
19

20                       $14 000; or
21

22                (b)    after paragraph (f) insert:
23

24                       (g)   in the case of a class 8 eligible transaction
25                             within the meaning of section 14B -- $15 000.
26


27   11.         Section 22 amended
28               In section 22(2)(b) after "repay" insert:
29

30               the whole or part of
31



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     s. 12



1    12.         Section 28 amended
2                In section 28(1):
3                  (a) in paragraph (b)(ii) delete "Assent." and insert:
4

5                       Assent;
6

7                 (b)   after paragraph (b) insert:
8

9                             or
10                      (c)   in the case of a class 8 eligible transaction
11                            within the meaning of section 14B, within
12                            60 days after the later of --
13                               (i) the date on which notice of the decision
14                                    is given to the objector; or
15                              (ii) the day on which the First Home Owner
16                                    Grant Amendment Act 2017 receives the
17                                    Royal Assent.
18


19   13.         Section 51 amended
20         (1)   In section 51(1):
21                 (a) in paragraph (c) delete "condition." and insert:
22

23                      condition; or
24

25                (b)   after paragraph (c) insert:
26

27                      (d)   the amount was paid on the basis that the
28                            eligible transaction was of a class referred to in
29                            section 14B but the eligible transaction is not of
30                            such a class.
31




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                                                                              s. 14



1          (2)    After section 51(1) insert:
2

3                (1A)   For the purposes of subsection (1)(d), the amount that
4                       the Commissioner may require an applicant to repay
5                       is --
6                         (a) if the amount paid on the application was more
7                               than the standard grant amount -- the
8                               difference between those amounts; or
9                         (b) if the amount paid on the application was equal
10                              to or less than the standard grant amount -- nil.
11               (1B)   In subsection (1A) --
12                      standard grant amount, in relation to an eligible
13                      transaction, means the amount of the first home owner
14                      grant payable in respect of the transaction under
15                      section 19(2A) to (2C).
16

17         (3)    In section 51(1) after paragraph (a) insert:
18

19                or
20


21   14.          Section 52 amended
22         (1)    Before section 52(1) insert:
23

24               (1A)   In this section --
25                      required repayment means any of the following --
26                        (a) a repayment required, or a penalty imposed,
27                               under section 18, 21 or 51;




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     s. 15



1                        (b)   a payment required under section 52A(1) or
2                              60(1).
3

4          (2)   In section 52(1)(a) delete "repayment required, or a penalty
5                imposed, under section 18, 21 or 51 (a required repayment); or"
6                and insert:
7

8                required repayment; or
9


10   15.         Section 52A inserted
11               After section 52 insert:
12


13           52A.      Commissioner may recover legal costs
14               (1)   The Commissioner may, by written notice, require an
15                     applicant to pay the legal costs incurred by the
16                     Commissioner in relation to proceedings for the
17                     recovery of an amount referred to in section 53(1)(a)
18                     to (d).
19               (2)   Subject to any arrangement made under section 52, a
20                     payment required under subsection (1) must be paid by
21                     the applicant within 28 days after the date on which
22                     notice of the requirement is given to the applicant.
23


24   16.         Section 53 amended
25         (1)   In section 53(1):
26                 (a) delete "to --" and insert:
27

28                       to the following amounts --
29




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                                                                                s. 17



1                 (b)     in paragraph (d) delete "section 60." and insert:
2

3                         section 60;
4

5                  (c)    after paragraph (d) insert:
6

7                         (e)   the amount of legal costs referred to in a notice
8                               given by the Commissioner under
9                               section 52A(1).
10

11         (2)   In section 53(1) after paragraph (c) delete "and".

12   17.         Section 62 amended
13         (1)   In section 62(3) delete "on the business day following the day
14               on which the document is sent to, or left for, the person to
15               whom it is addressed, subject to the exceptions in
16               subsection (4)." and insert:
17

18               on a day prescribed by the regulations.
19

20         (2)   Delete section 62(4) and insert:
21

22               (4)     For the purposes of subsection (3), the regulations may
23                       prescribe different days for documents served by
24                       different methods and in different circumstances.
25


26   18.         Section 69 amended
27               After section 69(2) insert:
28

29               (3)     Regulations may be expressed to apply to or in relation
30                       to a transaction the commencement date of which is
31                       before the day on which the regulations come into

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    s. 18



1                operation if the application of the regulations to or in
2                relation to the transaction will not adversely affect a
3                party to the transaction.
4


5




 


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