Duties Act 1997 No 123
Historical version for 6 July 2004 to 31 August 2004 (accessed 22 May 2013 at 20:30)
Current version
76 Residence requirement
(1) The home must be occupied by the person or persons who are
acquiring it as a principal place of residence for a continuous period of at
least 6 months, with that occupation starting within 12 months (or such longer
period as the Chief Commissioner may approve) after completion of the
agreement or transfer. This requirement is referred to as the
residence requirement.
(2) The Chief Commissioner may, if satisfied there are good reasons to
do so in a particular case:(a) modify the residence requirement by approving a shorter period of
occupation by the person or persons, or
(b) exempt the person or persons from the requirement to comply with
the residence requirement.
(3) In the case of an agreement or transfer for the acquisition of a
vacant block of residential land, it is sufficient that the Chief Commissioner
is satisfied that the vacant block is intended to be used as the site of a
home to be occupied by the person or persons who are acquiring it as their
principal place of residence.
(4) The residence requirement does not apply to a person who acquires
an interest in the property concerned solely for the purpose of assisting the
eligible persons under the scheme in financing the
acquisition.
(5) For the purpose of this section, an agreement or transfer is
completed
when a purchaser or transferee becomes entitled to possession of the home and,
if the interest in the land acquired by the purchaser or transferee is
registrable under a law of the State, the interest is so
registered.
(6) (Repealed)