Department of Treasury and Finance logo

Department of Treasury and Finance
Definition of Terms
 
Options


Applicant(s)
Australian citizen
Commencement date
Completed
Comprehensive building contract
Consideration
Corresponding law
Eligibility criteria
Eligible transaction
First Home Owner Grant
Guardian
Home
Home owner
Natural person
Notifiable event
Owner-builder
Permanent resident
Relevant interest
Residence requirement
Residential property
Spouse

Applicant(s)
A person or persons named on the grant application who, on completion of the purchase or construction of the home, will be (an) owner/s of that home

Australian citizen
Means an Australian citizen as defined in the Australian Citizenship Act 1948 (Cwth)

Commencement date
The commencement date of an eligible transaction is -
(a) in the case of a contract (includes a contract to purchase an established property or a contract to build a new home) - the date when the contract is made;

(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.

Completed
Subject to any qualifications prescribed by legislation, 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;

(b) in the case of a contract to have a home built - the building is ready for occupation as a place of residence;

(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.

Comprehensive building contract
A contract under which a builder agrees to build a home from the start of the building to when it is ready for occupancy.

Consideration
The total price or amount expended for the purchase or building of the home.

Corresponding law
Means an Act of another State, or a Territory, corresponding to the FHOG Act.

Eligibility criteria
Means the criteria set out in Div 2, Part 2 of the FHOG Act that determines whether an applicant for a First Home Owner Grant may be entitled to the grant.

Eligible transaction
An eligible transaction is -
(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.

First Home Owner Grant
A scheme for the payment of grants authorised under the First Home Owner Grant Act 2000 that assists home ownership for first home buyers.

Guardian
Guardian of a person under a legal disability includes a trustee who holds a property on trust for the person under an instrument of trust or by order or direction of a court or tribunal.

Home
A building affixed to land that may lawfully be used as a place of residence and is, in the Commissioner's opinion, a suitable building for use as a place of residence.

Home owner
A person who holds a relevant interest in property.

Natural person
A person, not a company.

Notifiable event
Applicants must notify the Commissioner of State Revenue, in writing, of any change in circumstances that may affect their eligibility for the grant. e.g. When the applicant fails to occupy the home for a continuous period of 6 months commencing within 12 months of purchase.

Owner-builder
An owner of land who builds a home, or has a home built, on the land without entering into a comprehensive building contract.

Permanent resident
The holder of an Australian permanent visa or a New Zealand citizen who holds a special category visa.

Relevant interest
A person with a 'relevant interest' can be described generally as someone who will have a legal entitlement to the home being bought or constructed. Usually this will be the person(s) listed on the Title. Each person with a 'relevant interest' must be listed as an applicant on the application form.

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 6 months commencing within 12 months after the completion of the eligible transaction or a longer period approved by the Commissioner.

Residential property
Land on which there is a building which is a lawfully occupied residence or suitable for occupation as a residence.

Spouse
A person is the spouse of another if they are legally married to each other, or are in a significant relationship to each other, as defined within the Relationships Act 2003.

Sections