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First Home Owner Grant Act 2000
An Act to encourage and assist home ownership, and to offset the effect of the GST on the acquisition of a first home, by establishing a scheme for the payment of grants to first home owners
[Royal Assent 16 June 2000]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the First Home Owner Grant Act 2000 .
This Act commences on 1 July 2000.
(1) In this Act, unless the contrary intention appears –Australian citizen means an Australian citizen as defined in the Australian Citizenship Act 1948 of the Commonwealth;authorised investigation has the meaning given by section 32 ;authorised officer means a person authorised by the Commissioner to exercise the powers of an authorised officer under this Act;building includes part of a building;commencement date, in relation to an eligible transaction, has the meaning given by section 13(4) ;Commissioner means the Commissioner of State Revenue;completed, in relation to an eligible transaction, has the meaning given by section 13(5) ;comprehensive home building contract means a contract under which a builder undertakes to build a home on land from the inception of the building work to the point where the home is ready for occupation and, if for any reason the work to be carried out under such a contract is not completed, includes any further contract under which the work is to be completed;consideration, in relation to an eligible transaction, has the meaning given by section 13(7) ;corresponding law means an Act of another State, or a Territory, corresponding to this Act;eligibility criteria means the criteria, set out in Division 2 of Part 2 , for determining whether an applicant for a first home owner grant is eligible for the grant;eligible transaction has the meaning given by section 13(1) ;first home owner grant means a grant authorised under section 17 ;first home owner grant scheme means the scheme for payment of first home owner grants established under this Act;function includes a power;guardian, in relation to a person under a legal disability, includes a trustee who holds property on trust for the person under an instrument of trust or by order or direction of a court or tribunal;home has the meaning given by section 4 ;option to purchase includes a right of preemption or a right of first refusal;owner means –(a) in relation to land, a person who has a relevant interest in the land; and(b) in relation to a home, a person who has a relevant interest in the land on which the home is built;owner builder means an owner of land who builds a home, or has a home built, on the land without entering into a comprehensive home building contract;permanent resident means –(a) the holder of a permanent visa within the meaning of section 30 of the Migration Act 1958 of the Commonwealth; or(b) a New Zealand citizen who holds a special category visa within the meaning of section 32 of the Migration Act 1958 of the Commonwealth;relevant interest has the meaning given by section 5(2) , (3) and (4) ;residence requirement means the requirement that an applicant for a first home owner grant must occupy the home to which the application relates as the applicant's principal place of residence for a continuous period of at least 6 months (or any lesser period approved by the Commissioner under section 12(1A) ) commencing within the 12-month period immediately after the completion of the eligible transaction or a longer period approved by the Commissioner;residential property has the meaning given by subsection (2) ;spouse has the meaning given by section 6 ;taxation law means a law for the assessment or imposition of a tax.(2) For the purpose of this Act, land in Australia is residential property at a particular time if there is, at that time, a building on the land lawfully occupied as a place of residence or suitable for occupation as a place of residence.
A home is a building (affixed to land) that –(a) may lawfully be used as a place of residence; and(b) is, in the Commissioner's opinion, a suitable building for use as a place of residence.
5. Ownership of land and homes
(1) A person is an owner of a home or a home owner if the person has a relevant interest in land on which a home is built.(2) Each of the following is, subject to subsection (3) , a relevant interest in land:(a) an estate in fee simple in the land;(b) a life estate in the land approved by the Commissioner;(c) a perpetual lease of the land granted by the Commonwealth or the State;(d) a leasehold interest in the land granted by the Commonwealth or the State that may be converted under the terms of the lease or by statute into an estate in fee simple;(e) an interest as purchaser under a contract for the purchase from the Commonwealth or the State of an estate in fee simple in the land by instalments;(f) a licence or right of occupancy granted by the Commonwealth or the State that gives, in the Commissioner's opinion, the licensee or the holder of the right reasonable security of tenure;(g) an interest in a company's shares if the Commissioner is satisfied that –(i) the interest entitles the holder of the interest to exclusive occupation of a specified home owned by the company; and(ii) the value of the shares is not less than the value of the company's interest in the home.(3) Subject to subsection (4) –(a) an interest is not a relevant interest at a particular time unless the holder of the interest has, or will have within 12 months after that time (or a longer time allowed by the Commissioner), a right to immediate occupation of the land; and(b) an interest is not a relevant interest in the hands of a person who holds it subject to a trust; and(c) an equitable interest is not a relevant interest unless it is the interest of a person under a legal disability for whom a guardian holds the interest on trust.(4) The Commissioner may recognise an interest (a non-conforming interest) as a relevant interest in land even though the interest may not conform with subsections (2) and (3) (and even though the interest may not be recognised at law or in equity as an interest in land) if there is, in the Commissioner's opinion, good reason to do so.(5) If the Commissioner recognises a non-conforming interest as a relevant interest in land and, in consequence, a first home owner grant is to be paid, the Commissioner may impose appropriate conditions on the payment of the grant to ensure its recovery if suppositions about future conduct or events made by the Commissioner in recognising the interest later prove to be incorrect.
(1) A person is the spouse of another if –(a) they are legally married; or(b) they are in a significant relationship, within the meaning of the Relationships Act 2003 .(2) If the Commissioner is satisfied that, at the time of deciding an application for a first home owner grant, an applicant –the person to whom the applicant is legally married is not to be regarded as the applicant's spouse.(a) is legally married but not cohabiting with the person to whom the applicant is legally married; and(b) has no intention of resuming cohabitation –
PART 2 - First home owner grant
Division 1 - Entitlement to grant
(1) A first home owner grant is payable on an application under this Act if –(a) the applicant or, if there are 2 or more of them, each of the applicants complies with the eligibility criteria; and(b) the transaction for which the grant is sought –(i) is an eligible transaction; and(ii) has been completed.(2) Despite subsection (1)(a) , an applicant need not comply with the eligibility criteria to the extent the applicant is exempted from compliance by or under this Act.(3) Only one first home owner grant is payable for the same eligible transaction.
Division 2 - Eligibility criteria (applicants)
8. Criterion 1 – Applicant to be a natural person and at least 18 years of age
(1) An applicant for a first home owner grant must be –(a) a natural person; and(b) at least 18 years of age.(2) The Commissioner may exempt an applicant from the requirement in subsection (1)(b) if the Commissioner is satisfied that –(a) the home to which the application relates will be occupied by the applicant as his or her principal place of residence for a continuous period of at least 6 months (or any lesser period approved by the Commissioner under section 12(1A) ) commencing within the 12-month period immediately after completion of the eligible transaction or within a longer period approved by the Commissioner; and(b) the application does not form part of a scheme to circumvent limitations on, or requirements affecting, eligibility for or entitlement to a first home owner grant.
9. Criterion 2 – Applicant to be Australian citizen or permanent resident
(1) Subject to subsection (2) , an applicant for a first home owner grant must be an Australian citizen or a permanent resident.(2) If an application is made by joint applicants and one of the applicants is an Australian citizen or a permanent resident, it is not necessary for the other or others to be Australian citizens or permanent residents.
10. Criterion 3 – Applicant (or applicant's spouse) must not have received an earlier grant
(1) Subject to subsection (2) , an applicant is ineligible if –(a) the applicant or the applicant's spouse has been a party to an earlier application under this Act or a corresponding law; and(b) a grant was paid on the application.(2) An applicant is not ineligible if the grant was paid but later paid back.
11. Criterion 4 – Applicant (or applicant's spouse) must not have had relevant interest in residential property
(1) An applicant is ineligible if the applicant or the applicant's spouse has, before 1 July 2000, held –(a) a relevant interest in residential property in Tasmania; or(b) an interest in residential property in another State or a Territory that is a relevant interest under the corresponding law of that State or Territory.(2) In working out for the purposes of subsection (1) whether an applicant held a relevant interest (within the meaning of this Act or a corresponding law) in residential property at a particular time, any deferment of the applicant's right of occupation (because the property was subject to a lease) is to be disregarded.(3) An applicant is ineligible if the applicant or the applicant's spouse has, on or after 1 July 2000 and before the date on which the application is made, held an interest in property (other than property to which the application relates) used at any time on or after 1 July 2000 as the residence of the applicant or the applicant's spouse, being –(a) a relevant interest in residential property in Tasmania; or(b) an interest in residential property in another State or a Territory that is a relevant interest under the corresponding law of that State or Territory.
12. Criterion 5 – Residence requirement
(1) An applicant for a first home owner grant must occupy the home to which the application relates as the applicant's principal place of residence for a continuous period of at least 6 months (or any lesser period approved by the Commissioner under subsection (1A) ) commencing within the 12-month period immediately after completion of the eligible transaction or within a longer period approved by the Commissioner.(1A) The Commissioner may approve a lesser period of occupation under subsection (1) if the Commissioner is satisfied that there are good reasons why the applicant cannot comply with the requirement to occupy the home for 6 months.(2) The Commissioner may exempt an applicant (the "non-complying applicant") from the residence requirement if –(a) the applicant is one of 2 or more joint applicants for a first home owner grant; and(b) at least one of the applicants complies with the residence requirement; and(c) there are, in the Commissioner's opinion, good reasons to exempt the non-complying applicant from the residence requirement.
Division 3 - Eligible transactions
(1) An eligible transaction is any of the following:(a) a contract made on or after 1 July 2000 for the purchase of a home in the State;(b) a comprehensive home building contract made on or after 1 July 2000 by the owner of land in the State, or a person who will, on completion of the contract, be the owner of land in the State, to have a home built on the land;(c) the building of a home in the State by an owner builder if the building work commences on or after 1 July 2000.(2) A contract is a contract for the purchase of a home if the contract is a contract for the acquisition of a relevant interest in land on which a home is built.(3) A contract is not an eligible transaction if the Commissioner is of the opinion that it forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to a first home owner grant and the Commissioner will, unless satisfied to the contrary, presume the existence of such a scheme if –(a) in the case of a contract to purchase a home, the purchaser had an option to purchase the home granted before 1 July 2000 or the vendor had an option to require the purchaser to purchase the home granted before that date; or(b) in the case of a comprehensive building contract, either party had a right or option granted before 1 July 2000 to require the other to enter into the contract.(4) The commencement date of an eligible transaction is –(a) in the case of a contract, the date when the contract is made; or(b) in the case of the building of a home by an owner builder –(i) the date when laying the foundations for the home commences; or(ii) another date the Commissioner considers appropriate in the circumstances of the case.(5) Subject to any qualifications prescribed by regulation, an eligible transaction is completed when –(a) in the case of a contract for the purchase of a home –(i) the purchaser becomes entitled to possession of the home under the contract; and(ii) if the purchaser is to obtain a registered title to the land on which the home is situated, the necessary steps to obtain registration of the purchaser's title have been taken; or(b) in the case of a contract to have a home built, the building is ready for occupation as a place of residence; or(c) in the case of the building of a home by an owner builder, the building is ready for occupation as a place of residence.(6) If a person purchases a moveable building and intends to use it as a place of residence on land in which the person has a relevant interest but on which it is not situated at the time of purchase –(a) this Act applies as if the person were an owner builder building a home on the land; and(b) the commencement date of the transaction is taken to be the date of the contract to purchase the moveable building; and(c) the transaction is taken to be completed when the moveable building is ready for occupation as a place of residence on land in which the purchaser has a relevant interest.(7) The consideration for an eligible transaction is –(a) in the case of a contract for the purchase of a home, the consideration for the purchase; or(b) in the case of a comprehensive home building contract, the total consideration payable for the building work; or(c) in the case of the building of a home by an owner builder, the actual costs to the owner of carrying out the work (excluding any allowance for the owner builder's own labour).
Division 4 - Application for grant
(1) An application for a first home owner grant is to be made to the Commissioner.(2) An application –(a) must be in a form approved by the Commissioner; and(b) must contain the information required by the Commissioner.(3) An applicant must provide the Commissioner with any further information the Commissioner requires to decide the application.(4) Information provided by an applicant in or in relation to an application must, if the Commissioner so requires, be verified by statutory declaration or supported by other evidence required by the Commissioner.(5) An application may only be made within a period (the "application period") –(a) commencing on the commencement date of the eligible transaction to which the application relates; and(b) ending 12 months after the completion of the eligible transaction to which the application relates.(6) However, the Commissioner has a discretion to allow an application before or after the application period.(7) An applicant may, with the Commissioner's consent, amend an application.
15. All interested persons to join in application
(1) All interested persons must be applicants.(2) An interested person is a person who is, or will be, on completion of the eligible transaction to which the application relates, an owner of the relevant home except such a person who is excluded from the application of this section under the regulations.
16. Application on behalf of person under legal disability
(1) An application may be made on behalf of a person under a legal disability by a guardian.(2) For the purpose of determining eligibility, the person under the legal disability is to be regarded as the applicant.
Division 5 - Decision on application
17. Commissioner to decide applications
(1) If the Commissioner is satisfied that a first home owner grant is payable on an application, the Commissioner must authorise the payment of the grant.(2) The Commissioner may authorise the payment of a first home owner grant before completion of the eligible transaction if satisfied that –(a) there are good reasons for doing so; and(b) the interests of the State can be adequately protected by conditions requiring repayment of the grant if the transaction is not completed within a reasonable time.
The amount of a first home owner grant is the lesser of the following:(a) the consideration for the eligible transaction;(b) $7 000.
(1) A first home owner grant is to be paid by electronic funds transfer, by cheque or in any other way the Commissioner thinks appropriate.(2) A first home owner grant is to be paid –(a) to the applicant; or(b) to some other person to whom the applicant directs in writing that the grant be paid.(3) If the applicant requests, the Commissioner may apply the amount of a first home owner grant, or part of the amount, towards a liability for State taxes, fees or charges.
20. Payment in anticipation of compliance with residence requirement
(1) The Commissioner may authorise payment of a first home owner grant in anticipation of compliance with the residence requirement if the Commissioner is satisfied that each applicant who is required to comply, but has not yet complied with the residence requirement, intends to occupy the home as his or her principal place of residence for a continuous period of at least 6 months (or any lesser period approved by the Commissioner under section 12(1A) ) commencing within the 12-month period immediately after completion of the eligible transaction or within a longer period allowed by the Commissioner.(2) If a first home owner grant is paid in anticipation of compliance with the residence requirement, the payment is made on condition that, if the residence requirement is not complied with, the applicant must within 14 days after the relevant date –(a) give written notice of that fact to the Commissioner; and(b) repay the amount of the grant.(3) For the purpose of subsection (2) , the relevant date is the earlier of the following:(a) the end of the period allowed for compliance with the residence requirement;(b) the date on which it first becomes apparent that the residence requirement will not be complied with during the period allowed for compliance.(4) A person who fails to comply with the condition prescribed by subsection (2) is guilty of an offence.Penalty: Fine not exceeding 100 penalty units.
(1) The Commissioner may authorise the payment of a first home owner grant on conditions the Commissioner considers appropriate.(2) A condition imposed by the Commissioner (under this section or any other provision of this Act) may require a person on whose application the first home owner grant is paid –(a) to give notice of non-compliance with the condition within a period stated in the condition; and(b) to repay the grant within a period stated in the condition.(3) In the case of a joint application, each applicant is individually liable to comply with a requirement under subsection (2) but compliance by any one or more of them is to be regarded as compliance by both or all.(4) A person who fails to comply with a condition imposed by the Commissioner (under this section or any other provision of this Act) is guilty of an offence.Penalty: Fine not exceeding 100 penalty units.
(1) An application for a first home owner grant does not lapse because an applicant dies before the application is decided.(2) If an applicant dies before the application is decided, the following provisions apply:(a) if the deceased was one of 2 or more applicants and one or more applicants survive, the application is to be dealt with as if the surviving applicants were the sole applicants;(b) in any other case, a first home owner grant, if payable on the application, is to be paid to the estate of the deceased.(3) If a deceased applicant for a first home owner grant had not, by the date of his or her death, occupied the home to which the application relates as the applicant's principal place of residence for a continuous period of at least 6 months (or any lesser period approved by the Commissioner under section 12(1A) ) commencing within the 12-month period immediately after completion of the eligible transaction or a longer period allowed by the Commissioner, but the Commissioner is satisfied that the applicant intended to do so, the residence requirement is satisfied.
(1) If the Commissioner decides an application, and is later satisfied (independently of an objection under this Act) that the decision is incorrect, the Commissioner may vary or reverse the decision.(2) A decision cannot be varied or reversed under this section more than 5 years after it was made.
(1) When the Commissioner decides an application (or decides to vary or reverse an earlier decision on an application) the Commissioner must give the applicant notice of the decision.(2) If the decision is to authorise the payment of a first home owner grant without conditions, the payment of the grant is sufficient notice of the decision.(3) If the decision is to refuse an application, or to vary or reverse an earlier decision on an application, the Commissioner must state in the notice the reasons for the decision.
Division 6 - Objections and appeals
(1) An applicant who is dissatisfied with the Commissioner's decision on the application may lodge a written notice of objection with the Commissioner.(2) The grounds of objection must be stated fully and in detail in the notice of objection.(3) The objection must be lodged within 60 days after the date of the notice of the decision.(4) If the Commissioner is satisfied that an objector has a reasonable excuse for failing to lodge an objection within the 60-day period, the Commissioner may extend the time for lodging the objection.
26. Powers of Commissioner on objection
(1) After considering an objection, the Commissioner may confirm, vary or reverse the decision subject to the objection.(2) The Commissioner must give the objector written notice of the decision on the objection setting out the reasons for the decision.
. . . . . . . .(1) An objector who is dissatisfied with the Commissioner's decision on the objection may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.(2) An application for review must be lodged within 60 days after the notice of the decision on the objection is given.
29. Objection or appeal not to stay proceedings based on the relevant decision
(1) Although a decision is subject to an objection or review, the Commissioner may act on the basis that the decision is correct until the objection or review is decided.(2) When an objection or review is decided, the Commissioner must take any necessary action to give effect to that decision.
PART 3 - Administration
Division 1 - Administration generally
The Commissioner is responsible to the Minister for the administration of the first home owner grant scheme.
(1) The Commissioner may delegate functions related to the administration of the first home owner grant scheme.(2) Without limiting subsection (1) , the Commissioner may enter into an agreement (an "administration agreement") with a financial institution or other person under which –(a) the Commissioner delegates functions related to the administration of the first home owner grant scheme; and(b) the financial institution or other person is required to carry out the delegated functions in accordance with specified conditions.(3) The conditions of an administration agreement may include conditions prescribed by the regulations.(4) If an administration agreement includes prescribed conditions, a financial institution or other person that contravenes a prescribed condition is guilty of an offence.Penalty: Fine not exceeding 500 penalty units.(5) The Commissioner may, at any time, at the Commissioner's discretion, revoke an administration agreement or any other delegation under this section.
Division 2 - Investigations
An authorised investigation is an investigation to determine –(a) whether an application under this Act or a corresponding law for a first home owner grant has been properly made; or(b) whether an objection to a decision made under this Act or a corresponding law should be upheld; or(c) whether an applicant to whom, or for whose benefit, a first home owner grant has been paid under this Act or a corresponding law was eligible for the grant; or(d) whether a condition on which a first home owner grant has been paid under this Act or a corresponding law has been complied with; or(e) any other matter reasonably related to the administration or enforcement of this Act or a corresponding law.
33. Cross-border investigation
(1) The Commissioner may, at the request of an authority responsible for administering a corresponding law, carry out an authorised investigation for the purposes of the corresponding law.(2) The Commissioner may delegate powers of investigation under this Division to the authority responsible for the administration of a corresponding law, or a person nominated by that authority.
(1) For the purposes of an authorised investigation, the Commissioner may, by written notice, require a person –(a) to give the Commissioner written information that is relevant to the investigation and is specified in the notice; or(b) to attend at a specified time and place before the Commissioner or the Commissioner's nominee to answer questions relevant to the investigation; or(c) to produce a document to the Commissioner that is relevant to the investigation at a specified time and place.(2) The Commissioner may require that information given, or to be given, under this section be verified on oath or by statutory declaration.(3) A person who, without reasonable excuse, refuses or fails to comply with a requirement of the Commissioner under this section is guilty of an offence.Penalty: Fine not exceeding 100 penalty units.(4) A person who, having attended before the Commissioner or the Commissioner's nominee in response to a notice under subsection (1)(b) , refuses or fails, without reasonable excuse, to answer a question relevant to the investigation is guilty of an offence.Penalty: Fine not exceeding 100 penalty units.
35. Powers of entry and inspection
(1) An authorised officer may, for the purposes of an authorised investigation, exercise any of the following powers:(a) inspect premises;(b) require a person to produce a document relevant to the investigation for inspection and (if necessary) to operate a computer or other device in which information is stored to produce a document in understandable form;(c) retain a document for inspection, to make a copy of it or to take extracts from it;(d) require a person to answer questions relevant to the investigation;(e) require a person to give the authorised officer other assistance that may be reasonable in the circumstances to carry out the authorised investigation.(2) An authorised officer may enter premises for the purpose of carrying out an authorised investigation –(a) with the consent of the occupier; or(b) on the authority of a warrant issued under subsection (3) .(3) A magistrate may issue a warrant authorising an authorised officer to enter premises (using force that may be reasonably necessary in the circumstances) if satisfied that the warrant is reasonably necessary for the administration or enforcement of this Act.(4) An authorised officer may be accompanied by any assistants the authorised officer reasonably requires to carry out an authorised investigation.(5) A person must not –(a) hinder or obstruct an authorised officer who is carrying out an authorised investigation or a person assisting the authorised officer; or(b) use abusive, threatening or insulting language to an authorised officer who is carrying out an authorised investigation or a person assisting an authorised officer; or(c) refuse or fail, without reasonable excuse, to comply with a requirement made by an authorised officer in the exercise of powers conferred by this section; or(d) answer a question put by an authorised officer under this section knowing that the answer is false or misleading.Penalty: Fine not exceeding 100 penalty units.
(1) If a person is required to answer a question or to produce a document in the course of an authorised investigation, it is not an excuse for non-compliance that the answer to the question or the contents of the document might tend to incriminate the person or to make the person liable to a penalty.(2) However, if the person answers the question or produces the document after objecting to the requirement to do so on grounds of self-incrimination, evidence of the answer to the question or the production or contents of the document is not admissible in proceedings for an offence or for the imposition of a penalty other than proceedings under this Act.
PART 4 - Miscellaneous
(1) A person must not dishonestly make a false or misleading statement in or in connection with an application for a first home owner grant.Penalty: Fine not exceeding 100 penalty units.(2) A person must not make a misleading statement in or in connection with an application for a first home owner grant.Penalty: Fine not exceeding 100 penalty units.(3) It is a defence to a charge of an offence against subsection (2) to prove that the defendant's contravention of that subsection was neither intentional nor negligent.
38. Power to require repayment and impose penalty
(1) The Commissioner may, by written notice, require an applicant (or former applicant) for a first home owner grant to repay an amount paid on the application if –(a) the amount was paid in error; or(b) the Commissioner reverses the decision under which the amount was paid for any other reason.(2) If, as a result of an applicant's dishonesty, an amount is paid by way of a first home owner grant, the Commissioner may, by the notice in which repayment is required or a separate notice, impose a penalty not exceeding the amount the applicant is required to repay.(3) If an applicant (or former applicant) for a first home owner grant fails to make a repayment required under this section or the conditions of the grant, the Commissioner may, by written notice, impose a penalty not exceeding the amount the applicant is required to repay.(4) If an amount is paid in error on an application for a first home owner grant to a third party, the Commissioner may, by written notice, require the third party to repay the amount to the Commissioner.
39. Power to recover amount paid in error, &c.
(1) This section applies to the following amounts:(a) an amount that an applicant (or former applicant) for a first home owner grant is required to repay under the conditions of the grant or by requirement of the Commissioner under this Act;(b) the amount of a penalty imposed on an applicant (or former applicant) for a first home owner grant;(c) an amount a third party is required to repay by requirement of the Commissioner under this Act.(2) The liability arising from a requirement to pay (or repay) an amount to which this section applies is, if the requirement attaches to 2 or more persons, joint and several.(3) If an applicant who is liable to pay an amount to which this section applies has an interest in the home for which the first home owner grant was sought, the liability is a first charge on the applicant's interest in that home.(4) The Commissioner may recover an amount to which this section applies as a debt due to the Crown.(5) The Commissioner may enter into an arrangement (which may include provision for the payment of interest) for payment of a liability outstanding under this section by instalments.(6) The Commissioner may write off the whole or part of a liability to pay an amount to which this section applies if satisfied that action, or further action, to recover the amount outstanding is impracticable or unwarranted.
40. Protection of confidential information
(1) In this section,protected information means information obtained in the course of work related to the administration of this Act about an applicant for a first home owner grant.(2) For the purpose of this section, a person is subject to a duty of confidentiality if –(a) the person is, or has been, engaged in work related to the administration of this Act; or(b) the person has obtained access to protected information (directly or indirectly) from a person who is, or has been, engaged in work related to the administration of this Act.(3) A person who is subject to a duty of confidentiality must not disclose protected information except as permitted by subsection (4) .Penalty: Fine not exceeding 100 penalty units.(4) Protected information may be disclosed –(a) at the request or with the consent of the person to whom the information relates or a person acting on that person's behalf; or(b) in connection with the administration or enforcement of –(i) this Act or a corresponding law; or(ii) a taxation law of the Commonwealth or a State; or(c) for the purposes of legal proceedings; or(d) as authorised under the regulations.
(1) A certificate signed by the Commissioner stating that a first home owner grant was paid to a person named in the certificate on a specified date is admissible in legal proceedings as evidence of the payment.(2) A copy of a notice issued by the Commissioner imposing a penalty under this Act is admissible in legal proceedings as evidence of the imposition of the penalty.(3) A copy of a notice issued by the Commissioner requiring the payment or repayment of a specified amount is admissible in legal proceedings as evidence –(a) that the requirement was made; and(b) that the amount specified in the notice was outstanding at the date of the notice.
42. Time for commencing prosecution
Proceedings for an offence against this Act may only be commenced within 12 months after the date on which the offence is alleged to have been committed.
43. Protection of officers, &c.
(1) This section applies to –(a) the Commissioner; and(b) an authorised officer; and(c) a delegate of the Commissioner who is a State Service officer or State Service employee.(2) No personal liability attaches to a person to whom this section applies for an honest act or omission in the performance, or purported performance, of functions under this Act.(3) A liability that would, but for subsection (2) , lie against a person to whom this section applies, lies instead against the Crown.
(1) The Governor may make regulations for the purposes of this Act.(2) Regulations made under this Act may –(a) authorise any matter to be determined, applied or regulated by the Commissioner of State Revenue; and(b) be made subject to conditions or so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.(3) Regulations made under this Act may –(a) provide that a contravention of, or failure to comply with, any of the regulations is an offence; and(b) in respect of such an offence, provide for the imposition of a fine not exceeding 25 penalty units.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Treasurer; and(b) the department responsible to the Treasurer in relation to the administration of this Act is the Department of Treasury and Finance.