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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 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.
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