First Home Owner Grant Act 2000
First Home Owner Grant Regulations 2000
Reprint 3: The regulations as at 3 March 2017
Guide for using this reprint
What the reprint includes
Regulations as published legislative amendments changes under the this reprint
Reprints Act 1984
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Western Australia
First Home Owner Grant Regulations 2000
Contents
1.Citation1
2.Commencement1
3.Term used: interested person1
4.Interest of disabled person in home prescribed to be relevant interest (s. 6(1)(h))1
5.Interest of occupier of home on primary production land prescribed to be relevant interest (s. 6(1)(h))2
6.Prescribed qualification to completion of eligible transaction (s. 14(6))3
7.Certain owners of land excluded from the operation of s. 16(1)3
8.Prescribed rates of interest (s. 30, 32 and 52)5
9.Conditions to be included in administration agreements (s. 37(2))5
10.Witness fees and expenses (s. 41(7))7
11.Authorised receipt and permitted disclosure of confidential information (s. 65(3))7
Notes
Compilation table10
Defined terms
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Western Australia
First Home Owner Grant Act 2000
First Home Owner Grant Regulations 2000
These regulations may be cited as the First Home Owner Grant Regulations 2000 1.
These regulations come into operation on 1 July 2000.
3.Term used: interested person
In these regulations —
interested person has the same meaning as it has in section 16 of the Act.
4.Interest of disabled person in home prescribed to be relevant interest (s. 6(1)(h))
(1)If —
(a)a person —
(i)enters into a comprehensive home building contract to have a home built; or
(ii)as an owner builder, begins the building of a home,
on land in the State that is not owned by the person; and
(b)the Commissioner is satisfied that —
(i)the person is eligible for financial assistance under a scheme that provides financial assistance to persons with disabilities that is administered by the department of the Public Service principally assisting the Minister in the administration of the Housing Act 1980; and
(ii)the person has been given written permission by the owner of the land to occupy the home when it is completed,
then, for the purposes of section 6(1)(h) of the Act, the interest that the person has in the home is a relevant interest in the land on which the home is built.
(2)A person who is not eligible for financial assistance under a scheme referred to in subregulation (1)(b)(i) is taken to be eligible for that assistance for the purposes of this regulation if the Commissioner is satisfied that it is only because of the person’s financial circumstances that the person is not eligible for that assistance.
5.Interest of occupier of home on primary production land prescribed to be relevant interest (s. 6(1)(h))
(1)If —
(a)a person —
(i)enters into a comprehensive home building contract to have a home built; or
(ii)as an owner builder, begins the building of a home,
on land in the State that is not owned by the person; and
(b)the Commissioner is satisfied that —
(i)the land is used solely or principally for a primary production business; and
(ii)the person has been given written permission by the owner of the land to occupy the home when it is completed,
then, for the purposes of section 6(1)(h) of the Act, the interest that the person has in the home is a relevant interest in the land on which the home is built.
(2)In subregulation (1) —
primary production business means —
(a)an agricultural, silvicultural or reafforestation business; or
(b)a grazing, horse‑breeding, horticultural, viticultural, apicultural, pig‑raising or poultry‑farming business.
6.Prescribed qualification to completion of eligible transaction (s. 14(6))
An eligible transaction is not completed for the purposes of section 14(6) of the Act unless, in the case of a contract for the purchase of a home in circumstances to which section 14(6)(a)(ii) of the Act applies, each interested person has obtained registration of the person’s title to the land on which the home is situated.
7.Certain owners of land excluded from the operation of s. 16(1)
(1)A person who gives permission for a home to be occupied as mentioned in regulation 4(1)(b)(ii) or 5(1)(b)(ii) is excluded from the operation of section 16(1) of the Act in relation to an application for a first home owner grant in relation to the home.
(2)A person who is an interested person because the person is a relevant owner of land is excluded from the operation of section 16(1) of the Act if —
(a)the home in relation to which the relevant application for a first home owner grant is made is on that land; and
(b)the person does not have, and will not acquire on the completion of the eligible transaction to which the application relates, the right to occupy that home.
(2a)A person who owns land is excluded from the operation of section 16(1) of the Act in relation to an application for a first home owner grant in relation to a new home on the land if the Commissioner is satisfied that —
(a)it is proposed at the commencement date of the eligible transaction that the land on which the home is to be built will be the subject of a strata plan or survey‑strata plan registered under the Strata Titles Act 1985; and
(b)the strata plan or survey‑strata plan is, or will be, registered as soon as practicable after the eligible transaction is completed; and
(c)the person is not, or will not become, as a result of the registration of the strata plan or survey‑strata plan, an owner of the home.
(2b)In subregulation (2a) —
new home means a home that is built —
(a)under a comprehensive home building contract; or
(b)by an owner builder.
(3)If the State Housing Commission is an interested person, that Commission is excluded from the operation of section 16(1) of the Act.
(4A)Nyamba Buru Yawuru Ltd is excluded from the operation of section 16(1) of the Act in relation to an application for a first home owner grant if the transaction to which the application relates is pursuant to the Yawuru Home Ownership Project.
(4)In this regulation —
Nyamba Buru Yawuru Ltd means Nyamba Buru Yawuru Ltd ACN 137 306 917 of 55 Reid Road, Cable Beach, Western Australia;
relevant owner of land means a person who owns land as a tenant in common as described in paragraph (b)(i) of the definition of home unit in section 19(1) of the Land Tax Assessment Act 1976 2;
State Housing Commission means the body corporate preserved and continued under section 6 of the Housing Act 1980;
Yawuru Home Ownership Project means the project to provide home ownership opportunities for Yawuru members established under a deed entitled the Yawuru Home Ownership Project Agreement between Nyamba Buru Yawuru Ltd and Keystart Loans Limited ACN 009 427 034 of 2 Brook Street, East Perth, Western Australia as trustee for the Keystart Housing Scheme Trust dated 10 April 2015.
[Regulation 7 amended in Gazette 22 Oct 2002 p. 5255-6; 11 Aug 2015 p. 3221‑2.]
8.Prescribed rates of interest (s. 30, 32 and 52)
(1)The rate of interest for the purposes of section 30(3), (4)(d) and (5)(c) of the Act is 2.2% per annum.
(2)The rate of interest for the purposes of section 32(2), (3)(d) and (4)(c) of the Act is 2.2% per annum.
(3)The rate of interest for the purposes of section 52(3)(a) and (7) of the Act is 10.2% per annum.
[Regulation 8 inserted in Gazette 26 Jun 2015 p. 2278; amended in Gazette 11 Dec 2015 p. 4961.]
9.Conditions to be included in administration agreements (s. 37(2))
(1)The conditions that, under subsection (2) of section 37 of the Act, are to be included in the conditions specified in an administration agreement entered into by a financial institution or other person (a delegate) under that section are the conditions to which subregulations (2) and (3) apply.
(2)This subregulation applies to the conditions that a delegate is to —
(a)maintain the records in relation to an application for a first home owner grant administered by the delegate; and
(b)provide the records or copies of the records to the Commissioner when required by the Commissioner to do so and, subject to reasonable notice, allow the Commissioner to have access to and inspect the records at any reasonable time; and
(c)retain the records for a period of 5 years after the payment of the first home owner grant to which the application relates.
(3)This subregulation applies to the condition that a delegate is entitled to retain any interest that accrues on amounts —
(a)received by the delegate from the Commissioner for the payment of first home owner grants by the delegate on behalf of the Commissioner; and
(b)held in an account used by the delegate solely for the purpose of receiving those amounts and any other amounts approved by the Commissioner.
(4)In subregulation (2) —
records, in relation to an application for a first home owner grant administered by a delegate, means —
(a)the form on which the application for the grant was made; and
(b)any document that the Commissioner notifies the delegate in writing is a record for the purposes of this paragraph; and
(c)any other document given to or created by the delegate that relates to the application.
[Regulation 9 amended in Gazette 11 Aug 2015 p. 3222.]
10.Witness fees and expenses (s. 41(7))
(1)Subject to subregulation (2), a person who is required to attend for examination under section 41 of the Act (a witness) is entitled to be paid —
(a)a fee determined by the Commissioner according to the time taken by the examination and the amount that the Commissioner considers, by reference to an appropriate publication, to be the average weekly earnings in the State; and
(b)if the witness resides more than 7 kilometres from the place where the examination is held — an amount for travelling expenses that the Commissioner considers reasonable and that is not more than the amount paid by the witness.
(2)If an examination under section 41 of the Act is held in relation to an application for a first home owner grant, subregulation (1) does not apply to a witness who is the applicant or the applicant’s spouse or de facto partner.
(3)In subregulation (1) —
appropriate publication includes material published by the Australian Bureau of Statistics.
[Regulation 10 amended in Gazette 30 Jun 2003 p. 2602.]
11.Authorised receipt and permitted disclosure of confidential information (s. 65(3))
(1)The Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth is authorised to receive confidential information under section 65(3)(a) of the Act.
(2)The disclosure of confidential information is permitted under section 65(3)(c) of the Act to the following —
(a)the Minister, if the disclosure is made for the purposes of the administration of the first home owner grant scheme;
(b)the Minister, if the disclosure is made for the purpose of enabling the Minister to respond to a member of the Parliament of the State or of the Commonwealth who has written to the Minister on behalf of a person about the person’s affairs;
(c)an officer of a department of the Public Service that administers a scheme that provides financial assistance in relation to home ownership, if the disclosure is made for the purposes of the administration of the scheme;
(d)the Minister responsible for the administration of a scheme referred to in paragraph (c), if the disclosure is made for the purposes of that administration or the formulation of policy in relation to the scheme;
(e)a person performing functions delegated to the person by the Commissioner under an administration agreement entered into under section 37 of the Act, if the disclosure is made for the purposes of an application for a first home owner grant administered by that person;
(f)the Commissioner of Taxation of the Commonwealth, if the disclosure is made for the purposes of the administration of the First Home Saver Accounts Act 2008 (Commonwealth) 3;
(g)an applicant’s agent, if —
(i)the agent has apparent authority to act for the applicant in respect of the application or the home the subject of the application; and
(ii)the disclosure is made in respect of the application;
(h)a person who accesses the information through a protected web site;
(i)an officer of the department of the Public Service principally assisting the Minister in the administration of the Act;
(j)an officer of the department of the Public Service principally assisting the Treasurer.
(3A)Subregulation (2)(b) does not limit the operation of subregulation (2)(a).
(3)In this regulation —
affairs, in relation to a person, means any matter or thing arising under or in relation to the Act that relates to the person;
confidential information has the meaning given in section 65(7) of the Act;
protected web site means a web site provided by the Commissioner through which information about an application can be accessed by the provision of such identifying details about the applicant, or the application, as are approved by the Commissioner.
[Regulation 11 amended in Gazette 24 Jul 2001 p. 3732; Act No. 74 of 2004 s. 70; amended in Gazette 23 Dec 2008 p. 5480‑1; 4 Aug 2009 p. 3104-5; 9 Sep 2011 p. 3684‑5; 17 Dec 2013 p. 6239‑40.]
1This reprint is a compilation as at 3 March 2017 of the First Home Owner Grant Regulations 2000 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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First Home Owner Grant Regulations 2000 |
30 Jun 2000 p. 3433-7 |
1 Jul 2000 (see r. 2) |
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First Home Owner Grant Amendment Regulations 2001 |
24 Jul 2001 p. 3732 |
24 Jul 2001 |
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First Home Owner Grant Amendment Regulations 2002 |
22 Oct 2002 p. 5255-6 |
22 Oct 2002 |
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Equality of Status Subsidiary Legislation Amendment Regulations 2003 Pt. 12 |
30 Jun 2003 p. 2581-638 |
1 Jul 2003 (see r. 2 and Gazette 30 Jun 2003 p. 2579) |
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First Home Owner Grant Amendment Regulations 2004 |
13 Aug 2004 p. 3251-2 |
1 Sep 2004 (see r. 2) |
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Australian Crime Commission ( |
1 Feb 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) |
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Reprint 1: The First Home Owner Grant Regulations 2000 as at 4 Feb 2005 |
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First Home Owner Grant Amendment Regulations 2007 |
20 Mar 2007 p. 1048 |
20 Mar 2007 |
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First Home Owner Grant Amendment Regulations 2008 |
14 Mar 2008 p. 836-7 |
r. 1 and 2: 14 Mar 2008 (see r. 2(a)); |
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First Home Owner Grant Amendment Regulations (No. 3) 2008 |
23 Dec 2008 p. 5480‑1 |
r. 1 and 2: 23 Dec 2008 (see r. 2(a)); |
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First Home Owner Grant Amendment Regulations 2009 |
4 Aug 2009 p. 3104-5 |
r. 1 and 2: 4 Aug 2009 (see r. 2(a)); |
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Reprint 2: The First Home Owner Grant Regulations 2000 as at 23 Oct 2009 |
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First Home Owner Grant Amendment Regulations 2011 |
9 Sep 2011 p. 3684‑5 |
r. 1 and 2: 9 Sep 2011 (see r. 2(a)); |
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First Home Owner Grant Amendment Regulations 2013 |
17 May 2013 p. 1986 |
r. 1 and 2: 17 May 2013 (see r. 2(a)); |
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First Home Owner Grant Amendment Regulations (No. 2) 2013 |
17 Dec 2013 p. 6239‑40 |
r. 1 and 2: 17 Dec 2013 (see r. 2(a)); |
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First Home Owner Grant Amendment Regulations 2015 |
26 Jun 2015 p. 2277‑8 |
r. 1 and 2: 26 Jun 2015 (see r. 2(a)); |
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First Home Owner Grant Amendment Regulations (No. 2) 2015 |
11 Aug 2015 p. 3221‑2 |
r. 1 and 2: 11 Aug 2015 (see r. 2(a)); |
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First Home Owner Grant Amendment Regulations (No. 3) 2015 |
11 Dec 2015 p. 4961 |
r. 1 and 2: 11 Dec 2015 (see r. 2(a)); |
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Reprint 3: The First Home Owner Grant Regulations 2000 as at 3 Mar 2017 (includes amendments listed above) |
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2Repealed by the Taxation Administration (Consequential Provisions) Act 2002 s. 5(d).
3Repealed by the Tax and Superannuation Laws Amendment (2015 Measures No. 1) Act 2015 Sch. 1, Part 1.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
affairs11(3)
appropriate publication10(3)
confidential information11(3)
delegate9(1)
interested person3
new home7(2b)
Nyamba Buru Yawuru Ltd7(4)
primary production business5(2)
protected web site11(3)
records9(4)
relevant owner of land7(4)
State Housing Commission7(4)
witness10(1)
Yawuru Home Ownership Project7(4)
By Authority: KEVIN J. McRAE, Government Printer