First Home Owner Grant Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i First Home Owner Grant Regulations 2011 S.R. No. 25/2011 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Revocation 2 4 Definitions 2 5 Recognition of relevant interest in land 2 6 Certain persons exempted from joining in applications 3 7 Time for VCAT to re-open and review matter 3 8 Authorised disclosure of protected information 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 25/2011 First Home Owner Grant Act 2000 First Home Owner Grant Regulations 2011 The Governor in Council makes the following Regulations: Dated: 19 April 2011 Responsible Minister: KIM WELLS Treasurer MATTHEW McBEATH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to— (a) provide that certain interests are recognised as a relevant interest in land for the purposes of section 5(4) of the First Home Owner Grant Act 2000; and (b) exempt certain owners of land from having to join in a first home owner grant application; and (c) provide for the time within which the Victorian Civil and Administrative Tribunal may re-open and review a matter when an objector is in default of appearance; and (d) authorise the disclosure of protected information to certain members of the New Zealand police force. -- 2 of 6 -- S.R. No. 25/2011 First Home Owner Grant Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 54 of the First Home Owner Grant Act 2000. 3 Revocation The following Regulations are revoked— (a) the First Home Owner Grant Regulations 20011 ; (b) the First Home Owner Grant Amendment Regulations 2010 2 . 4 Definitions In these Regulations— housing co-operative means a non-trading co-operative registered as a co-operative under the Co-operatives Act 1996; member of the New Zealand police force means a person who is a Police employee within the meaning of the Policing Act 2008 of New Zealand; the Act means the First Home Owner Grant Act 2000. 5 Recognition of relevant interest in land For the purposes of section 5(4) of the Act, a person has a relevant interest in land that is owned by another person if— (a) the person has— (i) entered into a comprehensive home building contract for the building of a home on that land; or r. 2 -- 3 of 6 -- S.R. No. 25/2011 First Home Owner Grant Regulations 2011 3 Authorised by the Chief Parliamentary Counsel (ii) as an owner builder, commenced building a home on that land; or (iii) acquired a share in, or entered into a sale agreement with, a housing co-operative that owns the land on which the person’s home is built; and (b) the owner of the land has granted to the person a licence of exclusive occupancy of the home or right of exclusive occupancy of the home; and (c) the home contains, or on completion will contain, its own kitchen, bathroom and sanitary facilities. 6 Certain persons exempted from joining in applications If an interest is recognised under regulation 5 as a relevant interest, the owner of land referred to in regulation 5(b) is excluded from the application of section 15 of the Act. Note The effect of this regulation is that the landowner referred to is not required to join in an application for the first home owner grant. 7 Time for VCAT to re-open and review matter The time prescribed for the purposes of section 33(2) of the Act is the period of 6 weeks commencing on the day on which the decision is confirmed by the Tribunal. r. 6 -- 4 of 6 -- S.R. No. 25/2011 First Home Owner Grant Regulations 2011 4 Authorised by the Chief Parliamentary Counsel 8 Authorised disclosure of protected information For the purposes of section 50(4)(d) of the Act, protected information is authorised to be disclosed to a member of the New Zealand police force who is also employed at the New Zealand Police National Intelligence Centre (by whatever name known), in connection with an investigation or prosecution carried out in the course of the member's duty. ═══════════════ r. 8 -- 5 of 6 -- S.R. No. 25/2011 First Home Owner Grant Regulations 2011 5 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 3(a): S.R. No. 37/2001 as amended by S.R. No. 138/2010. 2 Reg. 3(b): S.R. No. 138/2010. Endnotes -- 6 of 6 --