First Home Owner Grant Regulation 2000

Queensland First Home Owner Grant Act 2000 First Home Owner Grant Regulation 2000 Reprinted as in force on 12 February 2010 Reprint No. 1D This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See SIA s 54

Information about this reprint This regulation is reprinted as at 12 February 2010. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland First Home Owner Grant Regulation 2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Declaration of relevant interests—Act, s 8 . . . . . . . . . . . . . . . . . . 3 4 Persons who are not interested persons—Act, s 17(2) . . . . . . . . 4 5 Methods of payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Interest payable on instalment payments . . . . . . . . . . . . . . . . . . . 5 7 Relevant interest for s 3(1)(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 7 8 8 9

s1 3 s3 First Home Owner Grant Regulation 2000 First Home Owner Grant Regulation 2000 [as amended by all amendments that commenced on or before 12 February 2010] 1 Short title This regulation may be cited as the First Home Owner Grant Regulation 2000 . 2 Commencement This regulation commences on 1 July 2000. 3 Declaration of relevant interests—Act, s 8 (1) Each of the following interests is declared to be a relevant interest for section 8(1)(i) of the Act— (a) a person’s right, given by a relative of the person, to occupy a home that is a detached dwelling built or to be built on land that is a part of land owned by the relative— (i) under a contract entered into by the person; or (ii) by an owner builder; (b) a person’s right to occupy a mobile home under a relevant agreement; (c) a manufactured home owner’s interest in a site agreement for a site on which a manufactured home is positioned; (d) a sublessee’s interest under a lease mentioned in section 8(1)(d) of the Act that is for a term of at least 10 years; (e) an interest in a lease granted under— (i) the Aboriginal Land Act 1991 , section 40D(1)(a); or (ii) the Torres Strait Islander Land Act 1991 , section 37D(1)(a).

s4 4 s4 First Home Owner Grant Regulation 2000 Note — For paragraph (e), see also section 7. (2) The interest is a relevant interest— (a) for an interest mentioned in subsection (1)(a)—in the land on which the home is built; and (b) for an interest mentioned in subsection (1)(b)—in the land on which the mobile home is situated; and (c) for an interest mentioned in subsection (1)(c)—in the land on which the manufactured home is positioned. (3) In this section— manufactured home see the Manufactured Homes (Residential Parks) Act 2003 , schedule 2. manufactured home owner means a home owner under the Manufactured Homes (Residential Parks) Act 2003 , section 8. mobile home see the repealed Mobile Homes Act 1989 , section 3. relative , of a person, means— (a) a parent, grandparent, child, stepchild, brother or sister of the person or the person’s spouse; or (b) the spouse of anyone mentioned in paragraph (a). relevant agreement see the repealed Mobile Homes Act 1989 , section 3. site see the Manufactured Homes (Residential Parks) Act 2003 , section 13. site agreement see the Manufactured Homes (Residential Parks) Act 2003 , section 14. sublessee includes a sub-sublessee. 4 Persons who are not interested persons—Act, s 17(2) (1) If a person is the holder of a relevant interest mentioned in section 3(1) (the first interest ), the holder of another relevant interest in the land in which the person has the first interest is not an interested person for section 17(2) of the Act.

s5 5 s6 First Home Owner Grant Regulation 2000 (2) The housing chief executive is not an interested person for section 17(2) of the Act if, under the scheme operated by the department known as the ‘Pathways Shared Equity Loan scheme’— (a) the housing chief executive holds, or will hold, not more than 40% of the estate in fee simple in the land on which the relevant home is built; and (b) the eligible transaction to which the application relates is financed by the department; and (c) the applicant is a tenant of the relevant home. (3) Subsection (2) applies only to an application made on or after 1 February 2008. (4) In this section— department means the department that administers the Housing Act 2003 . housing chief executive means the chief executive of the department that administers the Housing Act 2003 . 5 Methods of payment An amount payable to the commissioner under the Act must be paid by bank draft, cash or cheque. 6 Interest payable on instalment payments (1) This section applies to an arrangement for payment by instalments of a liability outstanding under section 48 of the Act. (2) If the arrangement includes provision for the payment of interest, the interest is payable at an annual rate equal to the sum of the bank bill yield rate, rounded to the nearest second decimal place, and 8%. (3) In this section—

s7 6 s7 First Home Owner Grant Regulation 2000 bank bill yield rate , for a particular day, means the monthly average yield for 90-day bank accepted bills published by the Reserve Bank of Australia for the month of May in the financial year immediately preceding the financial year in which the day occurs. 1 7 Relevant interest for s 3(1)(e) An interest mentioned in section 3(1)(e) is taken to have been a relevant interest on and from 18 July 2008. 1 The monthly average yield for 90-day bank accepted bills is published in the Reserve Bank of Australia Bulletin and can be accessed on the internet at <www.rba.gov.au>.

7 First Home Owner Grant Regulation 2000 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 12 February 2010. Future amendments of the First Home Owner Grant Regulation 2000 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

8 First Home Owner Grant Regulation 2000 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments to none 2002 SL No. 18 Effective 30 June 2000 15 February 2002 Reprint date 5 July 2000 1 March 2002 Reprint No. 1B 1C 1D Amendments included 2004 SL No. 241 2008 SL No. 348 2010 SL No. 9 Effective 12 November 2004 24 October 2008 12 February 2010 Notes 5 List of legislation First Home Owner Grant Regulation 2000 SL No. 138 made by the Governor in Council on 29 June 2000 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) exp 1 September 2010 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— First Home Owner Grant and Other Legislation Amendment Regulation (No. 1) 2002 SL No. 18 s 1, pt 2 notfd gaz 15 February 2002 pp 618–19 commenced on date of notification Revenue Legislation Amendment and Repeal Regulation (No. 1) 2004 SL No. 241 pts 1–2 notfd gaz 12 November 2004 pp 882–3 commenced on date of notification First Home Owner Grant Amendment Regulation (No. 1) 2008 SL No. 348 notfd gaz 24 October 2008 pp 1086–9 commenced on date of notification Revenue Legislation Amendment Regulation (No. 1) 2010 SL No. 9 pts 1, 3 notfd gaz 12 February 2010 pp 355–6 commenced on date of notification

9 First Home Owner Grant Regulation 2000 6 List of annotations Declaration of relevant interests—Act, s 8 s 3 amd 2002 SL No. 18 s 4; 2004 SL No. 241 s 3; 2010 SL No. 9 s 8 Persons who are not interested persons—Act, s 17(2) s 4 amd 2008 SL No. 348 s 3 Interest payable on instalment payments s 6 amd 2002 SL No. 18 s 5 Relevant interest for s 3(1)(e) s 7 ins 2010 SL No. 9 s 9 © State of Queensland 2010