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Legislative Assembly for the ACT: 2000 Week 1 Hansard (15 February) . . Page.. 75 ..

(b) entered into an agreement for the building of a dwelling-house, or commenced to build a dwelling-house, being a dwelling-house in which the officer intended to reside,

subclause 4.2(1) applies in relation to the officer as if the officer had owned that dwelling-house and had been ordinarily residing in it immediately before being notified of transfer to the new locality.

(2) Where an officer to whom this Division applies -

(a) has, before the expiration of the relevant period for purchase, entered into an agreement for the building of a dwelling-house on land in the locality to which the officer has been transferred being a dwelling-house in which the officer intends to reside and of which the officer has become the owner;

(b) commences, before the expiration of the relevant period for purchase, to build a dwelling-house on land in that locality being a dwelling-house in which the officer intends to reside and of which the officer has become the owner; or

(c) becomes, or is to become, under the terms of an agreement entered into by the officer before the expiration of the relevant period for purchase, the owner of the land in that locality on which a dwelling-house in which the officer intends to reside is or is to be erected,

the officer shall, on the erection of the dwelling-house or, in the case referred to in paragraph (c), on the officer becoming the owner of the dwelling-house, be deemed, for the purposes of this Division, to have purchased the dwelling-house pursuant to an agreement entered into by the officer on the day of the agreement referred to in paragraph (a) or (c), or the day on which the officer became the owner of the land, as the case may be, and clause 4.3 applies to the officer accordingly.

(3) For the purposes of subclause (2) the relevant period for purchase has the same meaning as in subclause 4.3(4).

4.6 Circumstances in which officer to be taken to own a dwelling-house

(a) an officer shall be taken to own a dwelling-house if and only if the officer's family is the owner of the land on which the dwelling-house is erected; and

(b) an officer's family shall be taken to be the owner of land if and only if -

(i) the officer's family is the beneficial owner or one of the beneficial owners in fee simple of the land or, if the land comprises a lot or unit into which land has been sub-divided in accordance with the law of a State that makes provision for strata or unit titles, the officer's family is the owner or one of the owners in fee simple of the lot or unit;

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