First Home Owner Grant (New Homes) Act 2000 No 21
Current version for 1 July 2014 to date (accessed 25 November 2014 at 12:30)
Part 3

Part 3 Administration

Division 1 Administration generally

30   Administration

The Chief Commissioner is responsible to the Minister for the administration of the first home owner grant scheme.

31   Delegation

The Chief Commissioner may delegate functions related to the administration of the first home owner grant scheme.

32   Administration agreements

(1)  Without limiting section 31, the Chief Commissioner may enter into an agreement with a financial institution or other person for exercising functions related to the administration of the first home owner grant scheme.
(2)  An administration agreement is subject to conditions specified in the administration agreement or by subsequent written notice given to the financial institution or other person.
(3)  The conditions may include:
(a)  conditions as to the means by which applications are to be lodged by the financial institution or other person, and
(b)  conditions requiring the financial institution or other person to keep specified records, and
(c)  conditions as to the payment to applicants of money paid to the financial institution or other person, and
(d)  conditions restricting the financial institution or other person from disclosing information that is identified in the administration agreement as confidential.
(4)  The Chief Commissioner may, at any time, at the Chief Commissioner’s discretion, revoke an administration agreement under this section.

33   Authorised officers

(1)  A person who is an authorised officer for the purposes of the taxation laws, as referred to in section 68 of the Taxation Administration Act 1996, is taken to be an authorised officer for the purposes of this Act.
(2)  Without affecting subsection (1), the Chief Commissioner may appoint persons to be authorised officers for the purposes of this Act.

Division 2 Investigations

34   Authorised 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 of this Act or a corresponding law.

35   Carrying out of authorised investigation

(1)  The Chief Commissioner may carry out an authorised investigation for the purposes of this Act.
(2)  The Chief 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.
(3)  The Chief 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.

36   Power of investigation

(1)  For the purposes of an authorised investigation, the Chief Commissioner may, by written notice, require a person:
(a)  to give the Chief Commissioner written information specified in the notice, or
(b)  to attend at a specified time and place before the Chief Commissioner or an authorised officer to answer questions relevant to the investigation, or
(c)  to produce an instrument or record to the Chief Commissioner at a specified time and place.
(2)  The Chief 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 Chief Commissioner under this section is guilty of an offence.

Maximum penalty: 100 penalty units.

(4)  A person who, having attended before the Chief Commissioner or an authorised officer 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.

Maximum penalty (subsection (4)): 100 penalty units.

36A   Power to require valuation

(1)  For the purposes of determining the total value of a transaction, the Chief Commissioner may do any one or more of the following:
(a)  require, by written notice, an applicant (or former applicant) for a first home owner grant to provide to the Chief Commissioner:
(i)  a valuation by a registered valuer of any property or consideration, or
(ii)  other evidence of the value of the property or consideration the Chief Commissioner considers appropriate,
(b)  have a valuation made of any property or consideration,
(c)  adopt any available valuation of the property or consideration by a registered valuer (or other person the Chief Commissioner considers suitably qualified).
(2)  In this section, a registered valuer has the same meaning as it has in the Valuers Act 2003.

37   Access to public records without fee

The Chief Commissioner is entitled to inspect and take copies of any public record kept under an Act or law of this State without payment of any fee that would be payable but for this section.

38   Use and inspection of documents and records provided to Chief Commissioner or authorised officer

(1)  This section applies to a document or record that is provided or produced to the Chief Commissioner or an authorised officer.
(2)  The Chief Commissioner or the authorised officer may take and retain possession of the document or record for the purpose of enabling the document or record to be inspected and for copies of, or extracts of and notes from, the document or record to be made or taken by or on behalf of the Chief Commissioner or authorised officer.
(3)  However, if the document or record was provided or produced to the Chief Commissioner or an authorised officer on the premises where it is normally kept, the Chief Commissioner or authorised officer may remove it from those premises for the purposes referred to in subsection (2) only:
(a)  with the consent of the owner or occupier of the premises, or
(b)  if it is not practicable to inspect or copy or take extracts or notes from the document or record on the premises.
(4)  The Chief Commissioner or authorised officer may retain possession of the document or record for a reasonable period, but not exceeding 28 days without the consent of the person entitled to it.
(5)  The Chief Commissioner or the authorised officer must permit a person who would be entitled to inspect the document or record if it were not in the possession of the Chief Commissioner or authorised officer to inspect the document or record at any reasonable time.
(6)  Nothing in this section prejudices a lien a person has on the document or record.
(7)  Nothing in this section limits or affects section 40.

39   Power of entry on premises

(1)  The Chief Commissioner may enter and remain on premises if the Chief Commissioner has reason to believe or suspect that there are documents or records at the premises that are relevant to the administration of this Act.
(2)  Entry may be made at any reasonable time.
(3)  The power of an authorised officer to enter premises may not be exercised unless the authorised officer has a written delegation covering entry issued by the Chief Commissioner and produces it if requested to do so by the owner or occupier of the premises, or a person in physical occupation of the premises.
(4)  Before the Chief Commissioner or an authorised officer enters premises under this Act, the Chief Commissioner or authorised officer must give the owner or occupier of the premises, or a person in physical occupation of the premises, reasonable notice of the intention to enter unless:
(a)  entry is made with the consent of the owner, occupier or person, or
(b)  the giving of notice would, in the opinion of the Chief Commissioner or authorised officer, defeat the purpose for which it is intended to enter the premises.
(5)  The powers of entry and inspection conferred by this Division are not exercisable in relation to premises or a part of premises used for residential purposes except:
(a)  with the consent of the owner or occupier of the premises or part, or a person in physical occupation of the premises or part, or
(b)  under the authority conferred by a search warrant.

40   Functions exercisable on entry

(1)  The Chief Commissioner or an authorised officer who has entered premises in accordance with this Division may:
(a)  require any person at those premises to produce any records in the custody or possession or under the control of the person (including a written record that reproduces in an understandable form information stored by computer, microfilm or other means or process), and
(b)  require any person at those premises to answer questions or otherwise furnish information, and
(c)  require the owner or occupier of the premises, or any person physically in occupation of the premises, to provide the Chief Commissioner or authorised officer with such assistance and facilities as is or are reasonably necessary to enable the Chief Commissioner or authorised officer to exercise the functions of the Chief Commissioner or an authorised officer under this Part.
(2)  A receipt is to be issued for anything removed.

41   Search warrant

(1)  The Chief Commissioner or an authorised officer under this Act may apply to an authorised officer under the Law Enforcement (Powers and Responsibilities) Act 2002 for a warrant to search any premises if the Chief Commissioner or the authorised officer under this Act has reasonable grounds to believe that any records are to be found there, being records to which the Chief Commissioner or authorised officer under this Act would have access if they were kept on premises to which the Chief Commissioner or authorised officer under this Act has access.
(2)  An authorised officer under the Law Enforcement (Powers and Responsibilities) Act 2002 to whom the application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the Chief Commissioner or authorised officer under this Act to enter and search the premises.
(3)  Nothing in this section limits or restricts any power conferred on the Chief Commissioner or an authorised officer under this Part.
(4)  (Repealed)

42   Obstructing Chief Commissioner or authorised officer

(1)  A person who:
(a)  prevents the Chief Commissioner or an authorised officer from exercising a function under this Division, or
(b)  hinders or obstructs the Chief Commissioner or an authorised officer in the exercise of such a function, or
(c)  without reasonable excuse, refuses or fails to comply with a requirement made by or to answer a question of the Chief Commissioner or an authorised officer asked in accordance with section 40,
is guilty of an offence.

Maximum penalty: 100 penalty units.

(2)  A person is not guilty of an offence under this section arising from the entry of the Chief Commissioner or an authorised officer onto premises unless it is established that, at the material time, the Chief Commissioner or the authorised officer:
(a)  identified himself or herself as the Chief Commissioner or an authorised officer, and
(b)  warned the person that a failure to comply with the requirement may constitute an offence.

43   Defence of reasonable compliance

A person is not guilty of an offence under this Division if the court hearing the charge is satisfied:
(a)  that the defendant could not, by the exercise of reasonable diligence, have complied with the requirement to which the charge relates, or
(b)  that the defendant complied with the requirement to the extent of his or her ability to do so.
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