Western Australia
First Home Owner Grant Amendment Act 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
Subdivision 2 — Special eligible transactions
14A. Meaning of “new home” 2
14B. Special eligible transactions 2
6. Section 19 amended 4
7. Saving of right to object 5
Western Australia
First Home Owner Grant Amendment Act 2001
No. 14 of 2001
An Act to amend the First Home Owner Grant Act 2000 and for related purposes.
[Assented to 14 August 2001]
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.
2. Commencement
This Act is to be taken to have come into operation on 9 March 2001.
3. The Act amended
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.]
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
After section 14 the following Subdivision is inserted in Part 2 Division 3 —
“
Subdivision 2 — Special eligible transactions
14A. Meaning of “new home”
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 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;
(b) a comprehensive home building contract for a new home if —
(i) the building work begins within 16 weeks after the commencement date, 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 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 begins;
or
(c) the building of a new home by an owner builder if the eligible transaction is completed before 1 May 2003.
(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 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 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 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 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 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 —
(a) begins when laying the foundations for the home begins; and
(b) is completed when the building is ready for occupation as a home.
”.
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 —
“
(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 transaction;
(b) $14 000.
”.
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 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 —
(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.
”.
(2) In subsection (1) —
“eligible transaction”, “first home owner grant” and “special eligible transaction
