(2) The Commissioner may exempt an applicant from the requirement in subsection (1)(b) if the Commissioner is satisfied that— S. 8(2)(a) amended by No. 41/2013 s. 37(2). home to which the application relates will be occupied by the applicant as his or her principal place of residence for a continuous period of at least 12 months commencing within the 12 month period immediately after completion of the eligible transaction or within a longer period approved by the Commissioner; and application does not form part of a scheme to circumvent limitations on, or requirements affecting, eligibility for or entitlement to a first home owner grant. 9 Criterion 2—Applicant to be Australian citizen or permanent resident (1) Subject to subsection (2), an applicant for a first home owner grant must be an Australian citizen or a permanent resident. (2) If an application is made by joint applicants and 1 of the applicants is an Australian citizen or a permanent resident, it is not necessary for the other or others to be Australian citizens or permanent residents. S. 10 (Heading) inserted by No. 27/2001 s. 3(Sch. 1 item 3.4). 10 Criterion 3—Applicant (or applicant's partner) must not have been entitled to earlier grant (1) Subject to subsection (2), an applicant is ineligible if— S. 10(1)(a) amended by No. 27/2001 s. 3(Sch. 1 item 3.5).
(2) The Commissioner may exempt an applicant from the requirement in subsection (1)(b) if the Commissioner is satisfied that— S. 8(2)(a) amended by No. 41/2013 s. 37(2). home to which the application relates will be occupied by the applicant as his or her principal place of residence for a continuous period of at least 12 months commencing within the 12 month period immediately after completion of the eligible transaction or within a longer period approved by the Commissioner; and application does not form part of a scheme to circumvent limitations on, or requirements affecting, eligibility for or entitlement to a first home owner grant. 9 Criterion 2—Applicant to be Australian citizen or permanent resident (1) Subject to subsection (2), an applicant for a first home owner grant must be an Australian citizen or a permanent resident. (2) If an application is made by joint applicants and 1 of the applicants is an Australian citizen or a permanent resident, it is not necessary for the other or others to be Australian citizens or permanent residents. S. 10 (Heading) inserted by No. 27/2001 s. 3(Sch. 1 item 3.4). 10 Criterion 3—Applicant (or applicant's partner) must not have been entitled to earlier grant (1) Subject to subsection (2), an applicant is ineligible if— S. 10(1)(a) amended by No. 27/2001 s. 3(Sch. 1 item 3.5).
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