Commonwealth Numbered Acts

FIRST HOME OWNERS AMENDMENT ACT 1985No. 23, 1985 - SECT 8

8. Section 22 of the Principal Act is amended-

   (a)  by omitting paragraph (1) (a) and substituting the following
        paragraph:



"(a) the applicant is an eligible person in respect of the preceding year of
income;";

   (b)  by omitting sub-section (3) and substituting the following
        sub-sections:



"(3) Where the Secretary is not satisfied that an applicant is an eligible
person in respect of the preceding year of income, but is satisfied that the
applicant is an eligible person in respect of the current year of income, the
Secretary shall direct that the relevant year of income in relation to the
applicant is the current year of income.



"(3A) Where, in respect of each of the following years, namely, the preceding
year of income and the current year of income, the Secretary is not satisfied
that an applicant is an eligible person, but the Secretary is satisfied that
the applicant is an eligible person in respect of the succeeding year of
income-the Secretary shall direct that the relevant year of income in relation
to the applicant is the succeeding year of income.



"(3B) Where, in respect of each of the following years, namely, the preceding
year of income, the current year of income and the succeeding year of income,
the Secretary is not satisfied that an applicant is an eligible person-

   (a)  if the estimated amount, or the actual amount, of the taxable income
        of the applicant for the current year of income or the succeeding year
        of income is less than the amount of his or her taxable income for the
        preceding year of income-the Secretary shall direct that the relevant
        year of income in relation to the applicant is the current year of
        income or the succeeding year of income, whichever of those years is
        the year for which the applicant's taxable income is the greater
        amount; or

   (b)  in any other case-the Secretary shall direct that the relevant year of
        income in relation to the applicant is the preceding year of income,
        the current year of income or the succeeding year of income, whichever
        of those years is the year for which the applicant's taxable income is
        the greatest amount.";

   (c)  by omitting from sub-section (4) "sub-section (3)" and substituting
        "sub-section (3), (3A) or (3B)"; and

   (d)  by omitting sub-section (5) and substituting the following
        sub-section:



"(5) In this section, 'eligible person', in relation to a year of income,
means a person who is domiciled in Australia throughout that year of income.".