First Home Owner Grant Act 2000 (WA)

Western Australia First Home Owner Grant Act 2000 Western Australia First Home Owner Grant Act 2000 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Term used: home 1 5. Terms used: owner, home owner 1 6. Term used: relevant interest 1 7. Term used: spouse 1 7A. Term used: Australian citizen 1 7B. Term used: permanent resident 1 Part 2 — First home owner grant Division 1 — Entitlement to grant 8. Entitlement to grant 1 Division 2 — Eligibility criteria (applicants) 9. Criterion 1 — applicant to be a natural person 1 9A. Criterion 1A — applicant to be at least 18 years of age 1 10. Criterion 2 — applicant to be Australian citizen or permanent resident 1 11. Criterion 3 — except in certain circumstances, applicant or applicant's spouse or de facto partner must not have received another grant 1 12. Criterion 4 — applicant or applicant's spouse or de facto partner must not have had relevant interest in residential property 1 13. Criterion 5 — residence requirements 1 13A. Criterion 6 — applicant must not have been convicted of an offence under this Act 1 13B. Criterion 7 — applicant must not hold relevant interest as trustee 1 Division 3 — Eligible transactions Subdivision 1 — Eligible transactions 14. Eligible transaction 1 14AA. Commencement and completion of transaction 1 14AB. Term used: consideration 1 14AC. Term used: total value 1 14AD. Term used: cap amount 1 14AE. Term used: unencumbered value 1 Subdivision 2 — Special eligible transactions 14A. Terms used 1 14B. Special eligible transactions 1 Division 4 — Application for the grant 15. Application for grant 1 16. Interested persons 1 17. Application on behalf of person under legal disability 1 Division 5 — Decision on application 18. Commissioner to authorise payment of grant 1 19. Amount of grant 1 20. Payment of grant 1 21. Payment in anticipation of compliance with residence requirement 1 22. Commissioner may impose conditions 1 23. Death of applicant 1 24. Power to correct decision 1 25. Notice of decision 1 Division 6 — Objections and review Subdivision 1 — Definitions 26. Terms used 1 Subdivision 2 — Objections 27. Right to object and procedure for making objections 1 28. Time for lodging objection 1 29A. Relationship with Duties Act 2008 and Taxation Administration Act 2003 1 29. Consideration of objection 1 30A. Time limit for making decision on objection 1 30. Decision on objection 1 Subdivision 3 — Review 31. Right of review 1 32. Payment following determination of review 1 Part 3 — Administration Division 1 — Administration generally 34. Administration of Act 1 35. Delegation 1 36. Authorised investigators 1 37. Administration agreements 1 Division 2 — Investigations 38. Investigations 1 39. Cross‑border investigations 1 40. Power of investigation 1 41A. Power to have valuation made 1 41. Power to require person to attend for examination 1 42. Entry of premises 1 43. Powers of authorised investigator on entry of premises 1 44. Warrants 1 45. Use of force 1 46. Self incrimination 1 Part 4 — Miscellaneous Division 1 — Offences 47. False or misleading information and documents 1 48. Obstructing or misleading Commissioner or authorised investigator 1 Division 2 — Evidentiary provisions 49. Evidence 1 50. Presumption of regularity 1 Division 3 — Repayments and penalties 51. Commissioner may require repayment and impose penalty 1 52. Arrangements for instalments and extensions of time 1 52A. Commissioner may recover legal costs 1 53. Recovery of certain amounts 1 54A. Recovery from garnishee 1 54. Writing off liability 1 Division 4 — Charge on interest in home 55. Lodgement of memorial and creation of charge 1 56. Priority of charge 1 57. Release of relevant interest from charge 1 58. Order for sale of relevant interest 1 59. Charge not to limit other means of enforcing payment 1 60. Commissioner may require fees to be reimbursed 1 Division 5 — Service of documents 61. Service on joint applicants or agent or representative 1 62. Method of service by Commissioner 1 63. Service of court process 1 64. Other enactments not limited 1 Division 5A — Emergency grant relief measures 64A. Grant relief measures 1 64B. Treasurer may declare grant relief measure due to emergency 1 64C. Amendment and revocation of grant relief declaration 1 64D. Provisions about grant relief declarations and instruments of amendment or revocation 1 64E. Procedural requirements for declared grant relief measure 1 64F. Effect of grant relief declaration 1 Division 6 — General 65. Confidentiality 1 66. Time for commencing prosecutions 1 67. Protection from liability for wrongdoing 1 68. Appropriation of Consolidated Account 1 69. Regulations 1 70. Review of Act 1 Part 5 — Transitional provisions 71. Transitional provision for Finance Legislation Amendment (Emergency Relief) Act 2022 1 72. Transitional provision for Emergency Management Amendment (Temporary COVID‑19 Provisions) Act 2022 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia First Home Owner Grant Act 2000 An Act to encourage and assist home ownership by establishing a scheme for the payment of grants to first home owners.