Victorian Numbered Acts Victorian Numbered ActsAfter section 49A of the First Home Owner Grant Act 2000 insert —
(1) If an applicant is liable to pay a grant amount, the Commissioner may require a lessee, mortgagee or occupier of any specified property to pay the grant amount or any part of the grant amount that is payable but remains unpaid.
(2) The Commissioner cannot require a lessee or occupier—
(a) to pay an amount under this section that is greater than the amount of rent the lessee or occupier is required to pay the applicant; or
(b) to pay an amount under this section before the day on which the lessee or occupier is required to pay rent to the applicant.
(3) Subsection (2) does not apply to a lessee or occupier who is a relative of the applicant.
(4) The Commissioner's requirement is to be made by notice in writing.
(5) A copy of the notice must be served on the applicant.
(6) The amount must be paid to the Commissioner on receipt of the notice or by the date specified in the notice, whichever is the later.
(7) In this section—
"applicant" includes a former applicant;
"grant amount" means an amount to which section 49 applies and includes a judgment debt and costs in respect of that amount;
"relative" has the same meaning as in the Land Tax Act 2005 ;
"specified property" means—
(a) a home in respect of which the applicant has received a first home owner grant; or
(b) land in which the applicant has an interest described in section 5(2)(a) to (h), other than an interest that section 5(3)(a) to (c) provides is not a relevant interest.
(1) A person who pays an amount under section 49B is entitled to recover that amount from the applicant as a debt, or to set off the amount against any money owing to the applicant.
(2) If a lessee or occupier pays an amount under section 49B—
(a) the amount is taken to have been paid to the Commissioner by the applicant; and
(b) the lessee or occupier is taken to have paid an equal amount of rent to the applicant under the lease or agreement or under any applicable tenancy law.
(3) If a mortgagee pays an amount under section 49B, the amount is taken to be secured by the mortgage in addition to any other amount secured by it.
(4) In this section—
"applicant" includes a former applicant.
(1) Subject to subsection (2), if an applicant is liable to pay a grant amount, the Commissioner may require any of the following persons instead of the applicant to pay the grant amount or any part of the grant amount that remains unpaid—
(a) a person by whom any money is due or accruing or may become due to the applicant;
(b) a person who holds or may subsequently hold money for or on account of the applicant;
(c) a person who holds or may subsequently hold money on account of some other person for payment to the applicant;
(d) a person having authority from some other persons to pay money to the applicant.
(2) The Commissioner must not recover under this section—
(a) an amount of rent a lessee or occupier is required to pay the applicant; or
(b) an amount a mortgagee is required to pay the applicant under a mortgage.
Note
Under section 49B, the Commissioner may recover from lessees and occupiers rent owed to applicants and amounts mortgagees are required to pay applicants.
(3) The Commissioner's requirement is to be made by notice in writing.
(4) A copy of the notice must be served on the applicant.
(5) The amount of money required to be paid to the Commissioner under this section is—
(a) if the amount of money held or due or authorised to be paid does not exceed the grant amount, all of the money; or
(b) if the amount of the money exceeds the grant amount, sufficient money to pay the grant amount.
(6) The money must be paid to the Commissioner on receipt of the notice, or when the money is held by the person, or after such period (if any) as may be specified by the Commissioner, whichever is the later.
(7) If, after a person is given a notice under this section by the Commissioner, the whole or a part of the grant amount is paid by another person, the Commissioner must promptly notify the person to whom the notice is given of the payment and the notice is taken to be amended accordingly.
(8) In this section—
"applicant" includes a former applicant;
"grant amount" means an amount to which section 49 applies and includes a judgment debt and costs in respect of that amount.
A person who makes a payment in accordance with section 49D is taken to be acting under the authority of the applicant (or former applicant) and of all other persons concerned and is indemnified by this section in respect of the payment.
(1) A document authorised or required to be served on or given to a person by the Commissioner in relation to the recovery of an amount to which section 49 applies, may be served on or given to the person—
(a) personally; or
(b) by leaving it at the last address of the person known to the Commissioner; or
(c) by post addressed to the person at the last address of the person known to the Commissioner; or
(d) by a means indicated by the person as being an available means of service (such as by facsimile or other electronic transmission or by delivering it, addressed to the person, to the facilities of a document exchange); or
(e) by any means provided for the service of the document by another Act or law.
(2) To avoid doubt, this section applies to the service of any court process in proceedings to recover any amount under this Act.
(3) If a person ( the agent ) has actual or apparent authority to accept service of a document on behalf of another, the Commissioner may, for the purposes of this Act, serve the document on the agent as if the agent were that other person.
(1) If the Commissioner serves or gives a person a document in relation to the recovery of an amount to which section 49 applies, the document must be taken, unless the contrary is proved, to have been served on or given to the person by the Commissioner—
(a) in the case of delivery in person, at the time the document is delivered;
(b) in the case of a facsimile or other electronic transmission, at the time the facsimile or transmission is received.
(2) If a facsimile or other electronic transmission is received after 4.00 p.m. on any day, it must be taken to have been received on the next business day.
(3) In this section—
"business day" means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993 .".