{"id":"qld:act-2024-031","name":"Help to Buy (Commonwealth Powers) Act 2024","slug":"help-to-buy-commonwealth-powers-act-2024","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"31 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29529,"registerId":"qld-act-2024-031-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Help to Buy (Commonwealth Powers) Act 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nIn this Act—\namendment matters —\nmeans matters relating to the provision of Commonwealth financial assistance for the purpose of assisting individuals to buy a home, where the financial assistance is provided under a Help to Buy arrangement that—\nrelates to residential property located in a State; and\nis entered into while the State is a participating State; and\nwithout limiting paragraph (a) , means matters relating to—\nentering into Help to Buy arrangements that satisfy the conditions mentioned in paragraph (a) (i) and (ii) ; and\nadministering Help to Buy arrangements of that kind; and\nmonitoring compliance with Help to Buy arrangements of that kind; and\ndoing anything incidental or conducive to anything mentioned in subparagraph (i) , (ii) or (iii) .\namendment reference means the reference of matters under section 3 (1) (c) .\nCommonwealth Help to Buy Act means a Commonwealth Act, as in force from time to time, that is enacted in the terms, or substantially in the terms, of the scheduled text.\nexpress amendment , of the Commonwealth Help to Buy Act —\nmeans the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act, or by an instrument under a Commonwealth Act; but\ndoes not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the Commonwealth Help to Buy Act.\nprimary text reference means the reference of matters under section 3 (1) (a) .\nreferred primary provisions means the scheduled text, other than—\npart 2 , divisions 2 and 3 ; and\nsections 24 (1) (a) (ii) , 25 (3) (b) and (c) , and 38.\nreferred residual provisions means the scheduled text, other than—\npart 2 , divisions 1 and 3 ; and\nsections 24 (1) (a) (i) , 25 (3) (a) and (c) , and 38.\nresidual text reference means the reference of matters under section 3 (1) (b) .\nscheduled text means the text of the Bill for a proposed Commonwealth Act, as set out in schedule 1 .\nUnless the contrary intention appears, words defined in the scheduled text and otherwise used in this Act have the same meaning in this Act as they have in the scheduled text.\n(sec.2-ssec.1) In this Act— amendment matters — means matters relating to the provision of Commonwealth financial assistance for the purpose of assisting individuals to buy a home, where the financial assistance is provided under a Help to Buy arrangement that— relates to residential property located in a State; and is entered into while the State is a participating State; and without limiting paragraph (a) , means matters relating to— entering into Help to Buy arrangements that satisfy the conditions mentioned in paragraph (a) (i) and (ii) ; and administering Help to Buy arrangements of that kind; and monitoring compliance with Help to Buy arrangements of that kind; and doing anything incidental or conducive to anything mentioned in subparagraph (i) , (ii) or (iii) . amendment reference means the reference of matters under section 3 (1) (c) . Commonwealth Help to Buy Act means a Commonwealth Act, as in force from time to time, that is enacted in the terms, or substantially in the terms, of the scheduled text. express amendment , of the Commonwealth Help to Buy Act — means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act, or by an instrument under a Commonwealth Act; but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the Commonwealth Help to Buy Act. primary text reference means the reference of matters under section 3 (1) (a) . referred primary provisions means the scheduled text, other than— part 2 , divisions 2 and 3 ; and sections 24 (1) (a) (ii) , 25 (3) (b) and (c) , and 38. referred residual provisions means the scheduled text, other than— part 2 , divisions 1 and 3 ; and sections 24 (1) (a) (i) , 25 (3) (a) and (c) , and 38. residual text reference means the reference of matters under section 3 (1) (b) . scheduled text means the text of the Bill for a proposed Commonwealth Act, as set out in schedule 1 .\n(sec.2-ssec.2) Unless the contrary intention appears, words defined in the scheduled text and otherwise used in this Act have the same meaning in this Act as they have in the scheduled text.\n- (a) means matters relating to the provision of Commonwealth financial assistance for the purpose of assisting individuals to buy a home, where the financial assistance is provided under a Help to Buy arrangement that— (i) relates to residential property located in a State; and (ii) is entered into while the State is a participating State; and\n- (i) relates to residential property located in a State; and\n- (ii) is entered into while the State is a participating State; and\n- (b) without limiting paragraph (a) , means matters relating to— (i) entering into Help to Buy arrangements that satisfy the conditions mentioned in paragraph (a) (i) and (ii) ; and (ii) administering Help to Buy arrangements of that kind; and (iii) monitoring compliance with Help to Buy arrangements of that kind; and (iv) doing anything incidental or conducive to anything mentioned in subparagraph (i) , (ii) or (iii) .\n- (i) entering into Help to Buy arrangements that satisfy the conditions mentioned in paragraph (a) (i) and (ii) ; and\n- (ii) administering Help to Buy arrangements of that kind; and\n- (iii) monitoring compliance with Help to Buy arrangements of that kind; and\n- (iv) doing anything incidental or conducive to anything mentioned in subparagraph (i) , (ii) or (iii) .\n- (i) relates to residential property located in a State; and\n- (ii) is entered into while the State is a participating State; and\n- (i) entering into Help to Buy arrangements that satisfy the conditions mentioned in paragraph (a) (i) and (ii) ; and\n- (ii) administering Help to Buy arrangements of that kind; and\n- (iii) monitoring compliance with Help to Buy arrangements of that kind; and\n- (iv) doing anything incidental or conducive to anything mentioned in subparagraph (i) , (ii) or (iii) .\n- (a) means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act, or by an instrument under a Commonwealth Act; but\n- (b) does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the Commonwealth Help to Buy Act.\n- (a) part 2 , divisions 2 and 3 ; and\n- (b) sections 24 (1) (a) (ii) , 25 (3) (b) and (c) , and 38.\n- (a) part 2 , divisions 1 and 3 ; and\n- (b) sections 24 (1) (a) (i) , 25 (3) (a) and (c) , and 38.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Reference of matters to Commonwealth Parliament","content":"# Reference of matters to Commonwealth Parliament","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Reference of matters","content":"### sec.3 Reference of matters\n\nThe following matters are referred to the Parliament of the Commonwealth—\nthe matters to which the referred primary provisions relate, but only to the extent of making laws with respect to those matters by including those provisions in a Commonwealth Act enacted in the terms, or substantially in the terms, set out in the scheduled text;\nthe matters to which the referred residual provisions relate, but only to the extent of making laws with respect to those matters by including those provisions in a Commonwealth Act enacted in the terms, or substantially in the terms, set out in the scheduled text;\nthe amendment matters, but only to the extent of making laws with respect to those matters by making express amendments of the Commonwealth Help to Buy Act.\nThe reference in subsection (1) (c) to making laws does not include making a law that would have the effect of—\ngiving Housing Australia, after a State stops being a participating State, the function of entering into, or the power to enter into, shared equity arrangements that relate to residential property located in the State; or\nsubstantively removing or overriding—\na provision of the Commonwealth Help to Buy Act that requires approval of the State before certain things are done; or\nthe Commonwealth Help to Buy Act, section 41 , 41A or 42 .\nThe reference of a matter under subsection (1) has effect only if and to the extent—\nthe matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Commonwealth Constitution ); and\nthe matter is included in the legislative powers of the Parliament of the State.\nThe operation of each paragraph of subsection (1) is not affected by any of the other paragraphs.\nThe reference of a matter under subsection (1) —\ntakes effect when this section commences; and\nhas effect only until the end of the expiry day for the reference fixed under section 5 , if any.\n(sec.3-ssec.1) The following matters are referred to the Parliament of the Commonwealth— the matters to which the referred primary provisions relate, but only to the extent of making laws with respect to those matters by including those provisions in a Commonwealth Act enacted in the terms, or substantially in the terms, set out in the scheduled text; the matters to which the referred residual provisions relate, but only to the extent of making laws with respect to those matters by including those provisions in a Commonwealth Act enacted in the terms, or substantially in the terms, set out in the scheduled text; the amendment matters, but only to the extent of making laws with respect to those matters by making express amendments of the Commonwealth Help to Buy Act.\n(sec.3-ssec.2) The reference in subsection (1) (c) to making laws does not include making a law that would have the effect of— giving Housing Australia, after a State stops being a participating State, the function of entering into, or the power to enter into, shared equity arrangements that relate to residential property located in the State; or substantively removing or overriding— a provision of the Commonwealth Help to Buy Act that requires approval of the State before certain things are done; or the Commonwealth Help to Buy Act, section 41 , 41A or 42 .\n(sec.3-ssec.3) The reference of a matter under subsection (1) has effect only if and to the extent— the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Commonwealth Constitution ); and the matter is included in the legislative powers of the Parliament of the State.\n(sec.3-ssec.4) The operation of each paragraph of subsection (1) is not affected by any of the other paragraphs.\n(sec.3-ssec.5) The reference of a matter under subsection (1) — takes effect when this section commences; and has effect only until the end of the expiry day for the reference fixed under section 5 , if any.\n- (a) the matters to which the referred primary provisions relate, but only to the extent of making laws with respect to those matters by including those provisions in a Commonwealth Act enacted in the terms, or substantially in the terms, set out in the scheduled text;\n- (b) the matters to which the referred residual provisions relate, but only to the extent of making laws with respect to those matters by including those provisions in a Commonwealth Act enacted in the terms, or substantially in the terms, set out in the scheduled text;\n- (c) the amendment matters, but only to the extent of making laws with respect to those matters by making express amendments of the Commonwealth Help to Buy Act.\n- (a) giving Housing Australia, after a State stops being a participating State, the function of entering into, or the power to enter into, shared equity arrangements that relate to residential property located in the State; or\n- (b) substantively removing or overriding— (i) a provision of the Commonwealth Help to Buy Act that requires approval of the State before certain things are done; or (ii) the Commonwealth Help to Buy Act, section 41 , 41A or 42 .\n- (i) a provision of the Commonwealth Help to Buy Act that requires approval of the State before certain things are done; or\n- (ii) the Commonwealth Help to Buy Act, section 41 , 41A or 42 .\n- (i) a provision of the Commonwealth Help to Buy Act that requires approval of the State before certain things are done; or\n- (ii) the Commonwealth Help to Buy Act, section 41 , 41A or 42 .\n- (a) the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Commonwealth Constitution ); and\n- (b) the matter is included in the legislative powers of the Parliament of the State.\n- (a) takes effect when this section commences; and\n- (b) has effect only until the end of the expiry day for the reference fixed under section 5 , if any.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Commonwealth laws not otherwise affected","content":"### sec.4 Commonwealth laws not otherwise affected\n\nTo remove any doubt, it is declared that it is the intention of the Parliament of the State that the Commonwealth Help to Buy Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of this Act—\nby a provision of a Commonwealth Act the operation of which is based on legislative power that the Parliament of the Commonwealth has apart from power under the amendment reference; and\nby a provision of an instrument made under the Commonwealth Help to Buy Act or under a provision mentioned in paragraph (a) .\n- (a) by a provision of a Commonwealth Act the operation of which is based on legislative power that the Parliament of the Commonwealth has apart from power under the amendment reference; and\n- (b) by a provision of an instrument made under the Commonwealth Help to Buy Act or under a provision mentioned in paragraph (a) .","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Termination of references","content":"### sec.5 Termination of references\n\nThe Governor may, at any time by proclamation, fix a day (an expiry day ) as the day on which 1 or more of the following references is to terminate—\nthe primary text reference; or\nUnder the Commonwealth Help to Buy Act, the State becomes a cooperating State if this reference is terminated and the residual text reference and amendment reference are not terminated.\nthe residual text reference; or\nUnder the Commonwealth Help to Buy Act, the State becomes a withdrawn State if this reference is terminated.\nthe amendment reference.\nUnder the Commonwealth Help to Buy Act, the State becomes a withdrawn State if this reference is terminated.\nThe Governor may, by proclamation, revoke a proclamation made under subsection (1) .\nA revoking proclamation made under subsection (2) has effect only if it is notified before the expiry day fixed in the proclamation being revoked.\nIf a revoking proclamation made under subsection (2) has effect, the revoked proclamation is taken, for the purposes of section 3 , never to have been notified.\nThe revocation of a proclamation made under subsection (1) does not prevent notification of a further proclamation under that subsection.\nA proclamation under subsection (1) or (2) is subordinate legislation.\n(sec.5-ssec.1) The Governor may, at any time by proclamation, fix a day (an expiry day ) as the day on which 1 or more of the following references is to terminate— the primary text reference; or Under the Commonwealth Help to Buy Act, the State becomes a cooperating State if this reference is terminated and the residual text reference and amendment reference are not terminated. the residual text reference; or Under the Commonwealth Help to Buy Act, the State becomes a withdrawn State if this reference is terminated. the amendment reference. Under the Commonwealth Help to Buy Act, the State becomes a withdrawn State if this reference is terminated.\n(sec.5-ssec.2) The Governor may, by proclamation, revoke a proclamation made under subsection (1) .\n(sec.5-ssec.3) A revoking proclamation made under subsection (2) has effect only if it is notified before the expiry day fixed in the proclamation being revoked.\n(sec.5-ssec.4) If a revoking proclamation made under subsection (2) has effect, the revoked proclamation is taken, for the purposes of section 3 , never to have been notified.\n(sec.5-ssec.5) The revocation of a proclamation made under subsection (1) does not prevent notification of a further proclamation under that subsection.\n(sec.5-ssec.6) A proclamation under subsection (1) or (2) is subordinate legislation.\n- (a) the primary text reference; or Note— Under the Commonwealth Help to Buy Act, the State becomes a cooperating State if this reference is terminated and the residual text reference and amendment reference are not terminated.\n- (b) the residual text reference; or Note— Under the Commonwealth Help to Buy Act, the State becomes a withdrawn State if this reference is terminated.\n- (c) the amendment reference. Note— Under the Commonwealth Help to Buy Act, the State becomes a withdrawn State if this reference is terminated.","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Regulation-making power","content":"### sec.6 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":8},{"sectionNumber":"sch.1-pt","sectionType":"part","heading":"Long title","content":"# Long title","sortOrder":9},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":10},{"sectionNumber":"sch.1-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":11},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Short title","content":"### sch.1-sec.1 Short title\n\nThis Act is the Help to Buy Act 2023 .","sortOrder":12},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Commencement","content":"### sch.1-sec.2 Commencement\n\nEach provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\nCommencement information\nColumn 1\nColumn 2\nColumn 3\nProvisions\nCommencement\nDate/Details\n1. The whole of this Act\nThe day after this Act receives the Royal Assent.\nThis table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\nAny information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n(sch.1-sec.2-ssec.1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act The day after this Act receives the Royal Assent. This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n(sch.1-sec.2-ssec.2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":13},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Object of this Act","content":"### sch.1-sec.3 Object of this Act\n\nThe object of this Act is to give Housing Australia the function of entering into shared equity arrangements on behalf of the Commonwealth in relation to residential property to improve housing outcomes for Australians by assisting low-income and middle-income individuals to buy homes.","sortOrder":14},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Simplified outline of this Act","content":"### sch.1-sec.4 Simplified outline of this Act\n\nThis Act gives Housing Australia the function of entering, on behalf of the Commonwealth, into shared equity arrangements (known as Help to Buy arrangements) with buyers of residential property in participating States and in Territories. It also gives Housing Australia the function of continuing to administer existing Help to Buy arrangements when a State stops being a participating State.\nA State that has stopped being a participating State is either a cooperating State or a withdrawn State.\nIn performing its Help to Buy functions, Housing Australia must take all reasonable steps to comply with the directions given by the Minister.\nHousing Australia’s contributions under Help to Buy arrangements are funded by the Commonwealth, and Housing Australia must pay to the Commonwealth all returns from those contributions.","sortOrder":15},{"sectionNumber":"sch.1-pt.1-div.2","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":16},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.5 Definitions\n\nIn this Act:\nauthority of the Commonwealth includes:\na Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); and\na Commonwealth entity (within the meaning of that Act).\nBoard has the same meaning as in the Housing Australia Act 2018 .\nbusiness day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.\ncooperating State has the meaning given by section 36 .\nenter into a shared equity arrangement has a meaning affected by sub sections 7 (3) to (6) .\nextended consultation period has the meaning given by sub section 46 (5) .\nHelp to Buy arrangement has the meaning given by section 6 .\nHelp to Buy program means:\nthis Act; and\nthe regulations; and\nthe Help to Buy Program Directions; and\nany other legislative instrument made under this Act.\nHelp to Buy Program Directions has the meaning given by sub section 24 (2) .\nminimum consultation period has the meaning given by sub section 46 (3) .\nNational Credit Code has the same meaning as in the National Consumer Credit Protection Act 2009 .\nparticipating State has the meaning given by section 35 .\nresidential property :\nsubject to paragraph (b) , includes:\nresidential property within the meaning of the National Credit Code (disregarding paragraphs (e) and (f) of the definition of residential property in sub section 204 (1) of the National Credit Code); and\nanything prescribed by the regulations for the purposes of this subparagraph; and\ndoes not include anything prescribed by the regulations for the purposes of this paragraph.\nshared equity arrangement has the meaning given by sub sections 7 (1) and (2) .\nState or Territory home buyer scheme means a scheme, program or arrangement (whether temporary or otherwise) that:\nwas established before, on or after the commencement of this Act by an Act of a State, the Australian Capital Territory or the Northern Territory; and\nprovides financial or other types of assistance to individuals towards the purchase of residential property.\nState or Territory home buyer scheme law means a law of a State, the Australian Capital Territory or the Northern Territory, to the extent that the law relates to a State or Territory home buyer scheme.\nwithdrawn State has the meaning given by section 37 .\n- (a) a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); and\n- (b) a Commonwealth entity (within the meaning of that Act).\n- (a) this Act; and\n- (b) the regulations; and\n- (c) the Help to Buy Program Directions; and\n- (d) any other legislative instrument made under this Act.\n- (a) subject to paragraph (b) , includes: (i) residential property within the meaning of the National Credit Code (disregarding paragraphs (e) and (f) of the definition of residential property in sub section 204 (1) of the National Credit Code); and (ii) anything prescribed by the regulations for the purposes of this subparagraph; and\n- (i) residential property within the meaning of the National Credit Code (disregarding paragraphs (e) and (f) of the definition of residential property in sub section 204 (1) of the National Credit Code); and\n- (ii) anything prescribed by the regulations for the purposes of this subparagraph; and\n- (b) does not include anything prescribed by the regulations for the purposes of this paragraph.\n- (i) residential property within the meaning of the National Credit Code (disregarding paragraphs (e) and (f) of the definition of residential property in sub section 204 (1) of the National Credit Code); and\n- (ii) anything prescribed by the regulations for the purposes of this subparagraph; and\n- (a) was established before, on or after the commencement of this Act by an Act of a State, the Australian Capital Territory or the Northern Territory; and\n- (b) provides financial or other types of assistance to individuals towards the purchase of residential property.","sortOrder":17},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Meaning of Help to Buy arrangement","content":"### sch.1-sec.6 Meaning of Help to Buy arrangement\n\nSubject to subsection (2) , a Help to Buy arrangement is a shared equity arrangement in relation to a residential property that Housing Australia enters into, on behalf of the Commonwealth, in the performance of Housing Australia’s function mentioned in paragraph 10(1)(a).\nAn arrangement in relation to residential property that Housing Australia enters into in the performance of Housing Australia’s functions under the Housing Australia Act 2018 is not a Help to Buy arrangement .\nFor the purposes of subsection (2) of this section, disregard paragraph 8(1)(ca) of the Housing Australia Act 2018 .\n(sch.1-sec.6-ssec.1) Subject to subsection (2) , a Help to Buy arrangement is a shared equity arrangement in relation to a residential property that Housing Australia enters into, on behalf of the Commonwealth, in the performance of Housing Australia’s function mentioned in paragraph 10(1)(a).\n(sch.1-sec.6-ssec.2) An arrangement in relation to residential property that Housing Australia enters into in the performance of Housing Australia’s functions under the Housing Australia Act 2018 is not a Help to Buy arrangement .\n(sch.1-sec.6-ssec.3) For the purposes of subsection (2) of this section, disregard paragraph 8(1)(ca) of the Housing Australia Act 2018 .","sortOrder":18},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Meaning of shared equity arrangement","content":"### sch.1-sec.7 Meaning of shared equity arrangement\n\nMeaning of shared equity arrangement\nSubject to subsection (2) , a shared equity arrangement in relation to a residential property is an arrangement or contract with one or more individuals:\nunder which Housing Australia, on behalf of the Commonwealth:\ncontributes (including by means of a loan) part of the cost of the individual or individuals acquiring the residential property; and\nis entitled to a return on that contribution worked out, in whole or in part, by reference to the value of the residential property at one or more times; and\nsecures that entitlement by means of a mortgage or other right relating to the residential property; or\nthat is prescribed by the regulations for the purposes of this paragraph.\nAn arrangement or contract prescribed by the regulations for the purposes of this subsection is not a shared equity arrangement in relation to a residential property.\nVariations\nSubject to subsection (5) , enter into a shared equity arrangement does not include vary a shared equity arrangement (even if the variation changes the parties to the arrangement).\nSubsection (5) applies in relation to varying a shared equity arrangement if:\nafter the variation, the shared equity arrangement relates to particular residential property; and\nbefore the variation, the arrangement did not relate to that particular property.\nThis Act applies in relation to the variation in the same way as it applies in relation to entering into a shared equity arrangement in relation to that particular residential property.\nA reference in subsections (3) to (5) to vary a shared equity arrangement includes a reference to:\nvary a shared equity arrangement by entering into an agreement that varies the arrangement; or\nagree to vary a shared equity arrangement.\n(sch.1-sec.7-ssec) Meaning of shared equity arrangement\n(sch.1-sec.7-ssec.1) Subject to subsection (2) , a shared equity arrangement in relation to a residential property is an arrangement or contract with one or more individuals: under which Housing Australia, on behalf of the Commonwealth: contributes (including by means of a loan) part of the cost of the individual or individuals acquiring the residential property; and is entitled to a return on that contribution worked out, in whole or in part, by reference to the value of the residential property at one or more times; and secures that entitlement by means of a mortgage or other right relating to the residential property; or that is prescribed by the regulations for the purposes of this paragraph.\n(sch.1-sec.7-ssec.2) An arrangement or contract prescribed by the regulations for the purposes of this subsection is not a shared equity arrangement in relation to a residential property.\n(sch.1-sec.7-ssec-oc.2) Variations\n(sch.1-sec.7-ssec.3) Subject to subsection (5) , enter into a shared equity arrangement does not include vary a shared equity arrangement (even if the variation changes the parties to the arrangement).\n(sch.1-sec.7-ssec.4) Subsection (5) applies in relation to varying a shared equity arrangement if: after the variation, the shared equity arrangement relates to particular residential property; and before the variation, the arrangement did not relate to that particular property.\n(sch.1-sec.7-ssec.5) This Act applies in relation to the variation in the same way as it applies in relation to entering into a shared equity arrangement in relation to that particular residential property.\n(sch.1-sec.7-ssec.6) A reference in subsections (3) to (5) to vary a shared equity arrangement includes a reference to: vary a shared equity arrangement by entering into an agreement that varies the arrangement; or agree to vary a shared equity arrangement.\n- (a) under which Housing Australia, on behalf of the Commonwealth: (i) contributes (including by means of a loan) part of the cost of the individual or individuals acquiring the residential property; and (ii) is entitled to a return on that contribution worked out, in whole or in part, by reference to the value of the residential property at one or more times; and (iii) secures that entitlement by means of a mortgage or other right relating to the residential property; or\n- (i) contributes (including by means of a loan) part of the cost of the individual or individuals acquiring the residential property; and\n- (ii) is entitled to a return on that contribution worked out, in whole or in part, by reference to the value of the residential property at one or more times; and\n- (iii) secures that entitlement by means of a mortgage or other right relating to the residential property; or\n- (b) that is prescribed by the regulations for the purposes of this paragraph.\n- (i) contributes (including by means of a loan) part of the cost of the individual or individuals acquiring the residential property; and\n- (ii) is entitled to a return on that contribution worked out, in whole or in part, by reference to the value of the residential property at one or more times; and\n- (iii) secures that entitlement by means of a mortgage or other right relating to the residential property; or\n- (a) after the variation, the shared equity arrangement relates to particular residential property; and\n- (b) before the variation, the arrangement did not relate to that particular property.\n- (a) vary a shared equity arrangement by entering into an agreement that varies the arrangement; or\n- (b) agree to vary a shared equity arrangement.","sortOrder":19},{"sectionNumber":"sch.1-pt.1-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":20},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Crown to be bound","content":"### sch.1-sec.8 Crown to be bound\n\nThis Act binds the Crown in each of its capacities.\nThis Act does not make the Crown liable to be prosecuted for an offence.\n(sch.1-sec.8-ssec.1) This Act binds the Crown in each of its capacities.\n(sch.1-sec.8-ssec.2) This Act does not make the Crown liable to be prosecuted for an offence.","sortOrder":21},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Help to Buy functions of Housing Australia","content":"# Help to Buy functions of Housing Australia","sortOrder":22},{"sectionNumber":"sch.1-pt.2-div.1","sectionType":"division","heading":"Participating States and Territories","content":"## Participating States and Territories","sortOrder":23},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Purpose of this Division","content":"### sch.1-sec.9 Purpose of this Division\n\nThis Division sets out the functions and powers of Housing Australia under this Act in relation to:\nparticipating States; and\nTerritories.\nFor participating State , see section 35 .\n- (a) participating States; and\n- (b) Territories.","sortOrder":24},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Help to Buy functions of Housing Australia—participating States and Territories","content":"### sch.1-sec.10 Help to Buy functions of Housing Australia—participating States and Territories\n\nFunctions\nHousing Australia has the following functions under this Act:\nto enter, on behalf of the Commonwealth, into shared equity arrangements in relation to residential property located in a participating State or a Territory, for the purpose of improving housing outcomes for Australians in the way described in section 3 ;\nto determine terms and conditions for such arrangements on behalf of the Commonwealth;\nto administer such arrangements on behalf of the Commonwealth;\nto monitor compliance with such arrangements;\nany other functions conferred on Housing Australia by this Act (disregarding sections 15 and 20 ), to the extent that they relate to a participating State or a Territory;\nany other functions, relating to a participating State or a Territory, prescribed by the regulations for the purposes of this paragraph;\nto do anything incidental or conducive to the performance of the above functions.\nTo avoid doubt, the terms and conditions mentioned in paragraph (1)(b) include terms and conditions relating to:\nproviding information to Housing Australia; or\nterminating Help to Buy arrangements; or\nconsequences of non-compliance with Help to Buy arrangements.\nObligation to act properly, efficiently and effectively etc.\nIn performing a function mentioned in subsection (1) , Housing Australia must:\nact in a proper, efficient and effective manner; and\ntake all reasonable steps to comply with the Help to Buy Program Directions.\n(sch.1-sec.10-ssec) Functions\n(sch.1-sec.10-ssec.1) Housing Australia has the following functions under this Act: to enter, on behalf of the Commonwealth, into shared equity arrangements in relation to residential property located in a participating State or a Territory, for the purpose of improving housing outcomes for Australians in the way described in section 3 ; to determine terms and conditions for such arrangements on behalf of the Commonwealth; to administer such arrangements on behalf of the Commonwealth; to monitor compliance with such arrangements; any other functions conferred on Housing Australia by this Act (disregarding sections 15 and 20 ), to the extent that they relate to a participating State or a Territory; any other functions, relating to a participating State or a Territory, prescribed by the regulations for the purposes of this paragraph; to do anything incidental or conducive to the performance of the above functions.\n(sch.1-sec.10-ssec.2) To avoid doubt, the terms and conditions mentioned in paragraph (1)(b) include terms and conditions relating to: providing information to Housing Australia; or terminating Help to Buy arrangements; or consequences of non-compliance with Help to Buy arrangements.\n(sch.1-sec.10-ssec-oc.2) Obligation to act properly, efficiently and effectively etc.\n(sch.1-sec.10-ssec.3) In performing a function mentioned in subsection (1) , Housing Australia must: act in a proper, efficient and effective manner; and take all reasonable steps to comply with the Help to Buy Program Directions.\n- (a) to enter, on behalf of the Commonwealth, into shared equity arrangements in relation to residential property located in a participating State or a Territory, for the purpose of improving housing outcomes for Australians in the way described in section 3 ;\n- (b) to determine terms and conditions for such arrangements on behalf of the Commonwealth;\n- (c) to administer such arrangements on behalf of the Commonwealth;\n- (d) to monitor compliance with such arrangements;\n- (e) any other functions conferred on Housing Australia by this Act (disregarding sections 15 and 20 ), to the extent that they relate to a participating State or a Territory;\n- (f) any other functions, relating to a participating State or a Territory, prescribed by the regulations for the purposes of this paragraph;\n- (g) to do anything incidental or conducive to the performance of the above functions.\n- (a) providing information to Housing Australia; or\n- (b) terminating Help to Buy arrangements; or\n- (c) consequences of non-compliance with Help to Buy arrangements.\n- (a) act in a proper, efficient and effective manner; and\n- (b) take all reasonable steps to comply with the Help to Buy Program Directions.","sortOrder":25},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Help to Buy powers of Housing Australia—participating States and Territories","content":"### sch.1-sec.11 Help to Buy powers of Housing Australia—participating States and Territories\n\nHousing Australia has the power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions mentioned in section 10 .\nWithout limiting subsection (1) of this section, Housing Australia may, for the purpose of performing those functions, enter into arrangements and contracts (whether on behalf of the Commonwealth or in Housing Australia’s own right) with any persons or entities, including:\nthe Commonwealth, a State or a Territory; or\nan authority of the Commonwealth or of a State or Territory; or\nany other organisation or body.\nWithout limiting subsection (1) or (2) , Housing Australia has the powers (if any) prescribed by the regulations for the purposes of this subsection in relation to the performance of those functions.\n(sch.1-sec.11-ssec.1) Housing Australia has the power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions mentioned in section 10 .\n(sch.1-sec.11-ssec.2) Without limiting subsection (1) of this section, Housing Australia may, for the purpose of performing those functions, enter into arrangements and contracts (whether on behalf of the Commonwealth or in Housing Australia’s own right) with any persons or entities, including: the Commonwealth, a State or a Territory; or an authority of the Commonwealth or of a State or Territory; or any other organisation or body.\n(sch.1-sec.11-ssec.3) Without limiting subsection (1) or (2) , Housing Australia has the powers (if any) prescribed by the regulations for the purposes of this subsection in relation to the performance of those functions.\n- (a) the Commonwealth, a State or a Territory; or\n- (b) an authority of the Commonwealth or of a State or Territory; or\n- (c) any other organisation or body.","sortOrder":26},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Limitations on Help to Buy powers of Housing Australia—participating States and Territories","content":"### sch.1-sec.12 Limitations on Help to Buy powers of Housing Australia—participating States and Territories\n\nHousing Australia must not enter into a Help to Buy arrangement unless directions of the kind mentioned in subparagraph 24(1)(a)(i) are in force.","sortOrder":27},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Reporting—participating States and Territories","content":"### sch.1-sec.13 Reporting—participating States and Territories\n\nWithout limiting paragraph 10(3)(b), Housing Australia must take all reasonable steps to comply with any directions that:\nare included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and\nare directions about reporting on matters relating to the functions mentioned in section 10 .\n- (a) are included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and\n- (b) are directions about reporting on matters relating to the functions mentioned in section 10 .","sortOrder":28},{"sectionNumber":"sch.1-pt.2-div.2","sectionType":"division","heading":"Cooperating States","content":"## Cooperating States","sortOrder":29},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Purpose of this Division","content":"### sch.1-sec.14 Purpose of this Division\n\nThis Division sets out the functions and powers of Housing Australia under this Act in relation to cooperating States.\nFor cooperating State , see section 36 .","sortOrder":30},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Help to Buy functions of Housing Australia—cooperating States","content":"### sch.1-sec.15 Help to Buy functions of Housing Australia—cooperating States\n\nFunctions\nHousing Australia has the following functions under this Act:\nto administer, on behalf of the Commonwealth, Help to Buy arrangements that:\nrelate to residential property located in a cooperating State; and\nwere entered into before the State stopped being a participating State;\nto monitor compliance with such arrangements;\nany other functions conferred on Housing Australia by this Act (disregarding sections 10 and 20 ), to the extent that they relate to a cooperating State;\nany other functions, relating to a cooperating State, prescribed by the regulations for the purposes of this paragraph;\nto do anything incidental or conducive to the performance of the above functions.\nObligation to act properly, efficiently and effectively etc.\nIn performing a function mentioned in subsection (1) , Housing Australia must:\nact in a proper, efficient and effective manner; and\ntake all reasonable steps to comply with the Help to Buy Program Directions.\n(sch.1-sec.15-ssec) Functions\n(sch.1-sec.15-ssec.1) Housing Australia has the following functions under this Act: to administer, on behalf of the Commonwealth, Help to Buy arrangements that: relate to residential property located in a cooperating State; and were entered into before the State stopped being a participating State; to monitor compliance with such arrangements; any other functions conferred on Housing Australia by this Act (disregarding sections 10 and 20 ), to the extent that they relate to a cooperating State; any other functions, relating to a cooperating State, prescribed by the regulations for the purposes of this paragraph; to do anything incidental or conducive to the performance of the above functions.\n(sch.1-sec.15-ssec-oc.2) Obligation to act properly, efficiently and effectively etc.\n(sch.1-sec.15-ssec.2) In performing a function mentioned in subsection (1) , Housing Australia must: act in a proper, efficient and effective manner; and take all reasonable steps to comply with the Help to Buy Program Directions.\n- (a) to administer, on behalf of the Commonwealth, Help to Buy arrangements that: (i) relate to residential property located in a cooperating State; and (ii) were entered into before the State stopped being a participating State;\n- (i) relate to residential property located in a cooperating State; and\n- (ii) were entered into before the State stopped being a participating State;\n- (b) to monitor compliance with such arrangements;\n- (c) any other functions conferred on Housing Australia by this Act (disregarding sections 10 and 20 ), to the extent that they relate to a cooperating State;\n- (d) any other functions, relating to a cooperating State, prescribed by the regulations for the purposes of this paragraph;\n- (e) to do anything incidental or conducive to the performance of the above functions.\n- (i) relate to residential property located in a cooperating State; and\n- (ii) were entered into before the State stopped being a participating State;\n- (a) act in a proper, efficient and effective manner; and\n- (b) take all reasonable steps to comply with the Help to Buy Program Directions.","sortOrder":31},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Help to Buy powers of Housing Australia—cooperating States","content":"### sch.1-sec.16 Help to Buy powers of Housing Australia—cooperating States\n\nHousing Australia has the power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions mentioned in section 15 .\nWithout limiting subsection (1) of this section, Housing Australia may, for the purpose of performing those functions, enter into arrangements and contracts (whether on behalf of the Commonwealth or in Housing Australia’s own right) with any persons or entities, including:\nthe Commonwealth, a State or a Territory; or\nan authority of the Commonwealth or of a State or Territory; or\nany other organisation or body.\nWithout limiting subsection (1) or (2) , Housing Australia has the powers (if any) prescribed by the regulations for the purposes of this subsection in relation to the performance of those functions.\n(sch.1-sec.16-ssec.1) Housing Australia has the power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions mentioned in section 15 .\n(sch.1-sec.16-ssec.2) Without limiting subsection (1) of this section, Housing Australia may, for the purpose of performing those functions, enter into arrangements and contracts (whether on behalf of the Commonwealth or in Housing Australia’s own right) with any persons or entities, including: the Commonwealth, a State or a Territory; or an authority of the Commonwealth or of a State or Territory; or any other organisation or body.\n(sch.1-sec.16-ssec.3) Without limiting subsection (1) or (2) , Housing Australia has the powers (if any) prescribed by the regulations for the purposes of this subsection in relation to the performance of those functions.\n- (a) the Commonwealth, a State or a Territory; or\n- (b) an authority of the Commonwealth or of a State or Territory; or\n- (c) any other organisation or body.","sortOrder":32},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Limitations on Help to Buy powers of Housing Australia—cooperating States","content":"### sch.1-sec.17 Limitations on Help to Buy powers of Housing Australia—cooperating States\n\nTo avoid doubt, Housing Australia does not have the power under this Division to enter into a shared equity arrangement in relation to a residential property located in a cooperating State.\nThis section also prohibits Housing Australia from making certain variations to a Help to Buy arrangement: see sub sections 7 (4) and (5) .","sortOrder":33},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"Reporting—cooperating States","content":"### sch.1-sec.18 Reporting—cooperating States\n\nWithout limiting paragraph 15(2)(b), Housing Australia must take all reasonable steps to comply with any directions that:\nare included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and\nare directions about reporting on matters relating to the functions mentioned in section 15 .\n- (a) are included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and\n- (b) are directions about reporting on matters relating to the functions mentioned in section 15 .","sortOrder":34},{"sectionNumber":"sch.1-pt.2-div.3","sectionType":"division","heading":"Withdrawn States","content":"## Withdrawn States","sortOrder":35},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"Purpose of this Division","content":"### sch.1-sec.19 Purpose of this Division\n\nThis Division sets out the functions and powers of Housing Australia under this Act in relation to withdrawn States.\nFor withdrawn State , see section 37 .","sortOrder":36},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Help to Buy functions of Housing Australia—withdrawn States","content":"### sch.1-sec.20 Help to Buy functions of Housing Australia—withdrawn States\n\nFunctions\nHousing Australia has the following functions under this Act:\nto administer, on behalf of the Commonwealth, Help to Buy arrangements that:\nrelate to residential property located in a withdrawn State; and\nwere entered into before the State stopped being a participating State;\nany other functions conferred on Housing Australia by this Act (disregarding sections 10 and 15 ), to the extent that they relate to a withdrawn State.\nObligation to act properly, efficiently and effectively\nIn performing a function mentioned in subsection (1) , Housing Australia must act in a proper, efficient and effective manner.\n(sch.1-sec.20-ssec) Functions\n(sch.1-sec.20-ssec.1) Housing Australia has the following functions under this Act: to administer, on behalf of the Commonwealth, Help to Buy arrangements that: relate to residential property located in a withdrawn State; and were entered into before the State stopped being a participating State; any other functions conferred on Housing Australia by this Act (disregarding sections 10 and 15 ), to the extent that they relate to a withdrawn State.\n(sch.1-sec.20-ssec-oc.2) Obligation to act properly, efficiently and effectively\n(sch.1-sec.20-ssec.2) In performing a function mentioned in subsection (1) , Housing Australia must act in a proper, efficient and effective manner.\n- (a) to administer, on behalf of the Commonwealth, Help to Buy arrangements that: (i) relate to residential property located in a withdrawn State; and (ii) were entered into before the State stopped being a participating State;\n- (i) relate to residential property located in a withdrawn State; and\n- (ii) were entered into before the State stopped being a participating State;\n- (b) any other functions conferred on Housing Australia by this Act (disregarding sections 10 and 15 ), to the extent that they relate to a withdrawn State.\n- (i) relate to residential property located in a withdrawn State; and\n- (ii) were entered into before the State stopped being a participating State;","sortOrder":37},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Help to Buy powers of Housing Australia—withdrawn States","content":"### sch.1-sec.21 Help to Buy powers of Housing Australia—withdrawn States\n\nHousing Australia may, in administering a Help to Buy arrangement that relates to residential property in a withdrawn State as mentioned in paragraph 20(1)(a), do anything that the Help to Buy arrangement:\npermits or requires Housing Australia to do (including do on behalf of the Commonwealth); or\npermits or requires the Commonwealth to do.\nHousing Australia has the power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions mentioned in paragraph 20(1)(b).\n(sch.1-sec.21-ssec.1) Housing Australia may, in administering a Help to Buy arrangement that relates to residential property in a withdrawn State as mentioned in paragraph 20(1)(a), do anything that the Help to Buy arrangement: permits or requires Housing Australia to do (including do on behalf of the Commonwealth); or permits or requires the Commonwealth to do.\n(sch.1-sec.21-ssec.2) Housing Australia has the power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions mentioned in paragraph 20(1)(b).\n- (a) permits or requires Housing Australia to do (including do on behalf of the Commonwealth); or\n- (b) permits or requires the Commonwealth to do.","sortOrder":38},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Limitations on Help to Buy powers of Housing Australia—withdrawn States","content":"### sch.1-sec.22 Limitations on Help to Buy powers of Housing Australia—withdrawn States\n\nTo avoid doubt, Housing Australia does not have the power under this Division to enter into a shared equity arrangement in relation to a residential property located in a withdrawn State.\nThis section also prohibits Housing Australia from making certain variations to a Help to Buy arrangement: see sub sections 7 (4) and (5) .\nHousing Australia does not have the power under this Division to make a contribution under a Help to Buy arrangement relating to residential property located in a withdrawn State.\n(sch.1-sec.22-ssec.1) To avoid doubt, Housing Australia does not have the power under this Division to enter into a shared equity arrangement in relation to a residential property located in a withdrawn State. This section also prohibits Housing Australia from making certain variations to a Help to Buy arrangement: see sub sections 7 (4) and (5) .\n(sch.1-sec.22-ssec.2) Housing Australia does not have the power under this Division to make a contribution under a Help to Buy arrangement relating to residential property located in a withdrawn State.","sortOrder":39},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Reporting—withdrawn States","content":"### sch.1-sec.23 Reporting—withdrawn States\n\nHousing Australia must take all reasonable steps to comply with any directions that:\nare included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and\nare directions about reporting on matters relating to the functions mentioned in section 20 .\n- (a) are included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and\n- (b) are directions about reporting on matters relating to the functions mentioned in section 20 .","sortOrder":40},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Help to Buy Program Directions","content":"# Help to Buy Program Directions","sortOrder":41},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"Help to Buy Program Directions","content":"### sch.1-sec.24 Help to Buy Program Directions\n\nThe Minister may, by legislative instrument, give the Board any of the following directions:\ndirections about the performance of:\nHousing Australia’s functions under this Act in relation to participating States and Territories, mentioned in section 10 ; or\nHousing Australia’s functions under this Act in relation to cooperating States, mentioned in section 15 ;\ndirections of the kind mentioned in sub section 25 (3) (about reporting).\nThe Minister must consult with the participating and cooperating States and the Territories before giving directions under this subsection: see section 46 .\nSection 42 (disallowance) of the Legislation Act 2003 does not apply to the directions: see regulations made for the purposes of paragraph 44(2)(b) of that Act.\nDirections given under subsection (1) together constitute the Help to Buy Program Directions .\nIn giving a direction under subsection (1) , the Minister must have regard to:\nthe object of this Act; and\nany other matters the Minister considers relevant.\nThe Minister must give at least one direction under paragraph (1)(a).\n(sch.1-sec.24-ssec.1) The Minister may, by legislative instrument, give the Board any of the following directions: directions about the performance of: Housing Australia’s functions under this Act in relation to participating States and Territories, mentioned in section 10 ; or Housing Australia’s functions under this Act in relation to cooperating States, mentioned in section 15 ; directions of the kind mentioned in sub section 25 (3) (about reporting). The Minister must consult with the participating and cooperating States and the Territories before giving directions under this subsection: see section 46 . Section 42 (disallowance) of the Legislation Act 2003 does not apply to the directions: see regulations made for the purposes of paragraph 44(2)(b) of that Act.\n(sch.1-sec.24-ssec.2) Directions given under subsection (1) together constitute the Help to Buy Program Directions .\n(sch.1-sec.24-ssec.3) In giving a direction under subsection (1) , the Minister must have regard to: the object of this Act; and any other matters the Minister considers relevant.\n(sch.1-sec.24-ssec.4) The Minister must give at least one direction under paragraph (1)(a).\n- (a) directions about the performance of: (i) Housing Australia’s functions under this Act in relation to participating States and Territories, mentioned in section 10 ; or (ii) Housing Australia’s functions under this Act in relation to cooperating States, mentioned in section 15 ;\n- (i) Housing Australia’s functions under this Act in relation to participating States and Territories, mentioned in section 10 ; or\n- (ii) Housing Australia’s functions under this Act in relation to cooperating States, mentioned in section 15 ;\n- (b) directions of the kind mentioned in sub section 25 (3) (about reporting).\n- (i) Housing Australia’s functions under this Act in relation to participating States and Territories, mentioned in section 10 ; or\n- (ii) Housing Australia’s functions under this Act in relation to cooperating States, mentioned in section 15 ;\n- (a) the object of this Act; and\n- (b) any other matters the Minister considers relevant.","sortOrder":42},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"Matters covered by Help to Buy Program Directions","content":"### sch.1-sec.25 Matters covered by Help to Buy Program Directions\n\nThe Help to Buy Program Directions may include directions about the following in relation to the functions mentioned in paragraph 24(1)(a):\nstrategies and policies to be followed for the effective performance of the functions;\ncriteria for making decisions in the performance of the functions;\nlimits on entering into Help to Buy arrangements;\ninternal review of decisions made by Housing Australia in the performance of the functions;\ninternal handling of complaints relating to the performance of the functions;\nany other matters the Minister thinks appropriate.\nWithout limiting subsection (1) , the Help to Buy Program Directions may include directions about the following matters relating to Help to Buy arrangements:\nthe period, or periods, during which Housing Australia may enter into Help to Buy arrangements;\nthe number of residential properties in relation to which Housing Australia may enter into Help to Buy arrangements;\nthe kinds of residential properties in relation to which Housing Australia may enter into Help to Buy arrangements;\nthe amount, or amounts, that Housing Australia may contribute under Help to Buy arrangements.\nReporting\nFor the purposes of paragraph 24(1)(b), the Help to Buy Program Directions may include directions about reporting on matters relating to:\nHousing Australia’s functions under this Act in relation to participating States and Territories, mentioned in section 10 ; or\nHousing Australia’s functions under this Act in relation to cooperating States, mentioned in section 15 ; or\nHousing Australia’s functions under this Act in relation to withdrawn States, mentioned in section 20 .\n(sch.1-sec.25-ssec.1) The Help to Buy Program Directions may include directions about the following in relation to the functions mentioned in paragraph 24(1)(a): strategies and policies to be followed for the effective performance of the functions; criteria for making decisions in the performance of the functions; limits on entering into Help to Buy arrangements; internal review of decisions made by Housing Australia in the performance of the functions; internal handling of complaints relating to the performance of the functions; any other matters the Minister thinks appropriate.\n(sch.1-sec.25-ssec.2) Without limiting subsection (1) , the Help to Buy Program Directions may include directions about the following matters relating to Help to Buy arrangements: the period, or periods, during which Housing Australia may enter into Help to Buy arrangements; the number of residential properties in relation to which Housing Australia may enter into Help to Buy arrangements; the kinds of residential properties in relation to which Housing Australia may enter into Help to Buy arrangements; the amount, or amounts, that Housing Australia may contribute under Help to Buy arrangements.\n(sch.1-sec.25-ssec) Reporting\n(sch.1-sec.25-ssec.3) For the purposes of paragraph 24(1)(b), the Help to Buy Program Directions may include directions about reporting on matters relating to: Housing Australia’s functions under this Act in relation to participating States and Territories, mentioned in section 10 ; or Housing Australia’s functions under this Act in relation to cooperating States, mentioned in section 15 ; or Housing Australia’s functions under this Act in relation to withdrawn States, mentioned in section 20 .\n- (a) strategies and policies to be followed for the effective performance of the functions;\n- (b) criteria for making decisions in the performance of the functions;\n- (c) limits on entering into Help to Buy arrangements;\n- (d) internal review of decisions made by Housing Australia in the performance of the functions;\n- (e) internal handling of complaints relating to the performance of the functions;\n- (f) any other matters the Minister thinks appropriate.\n- (a) the period, or periods, during which Housing Australia may enter into Help to Buy arrangements;\n- (b) the number of residential properties in relation to which Housing Australia may enter into Help to Buy arrangements;\n- (c) the kinds of residential properties in relation to which Housing Australia may enter into Help to Buy arrangements;\n- (d) the amount, or amounts, that Housing Australia may contribute under Help to Buy arrangements.\n- (a) Housing Australia’s functions under this Act in relation to participating States and Territories, mentioned in section 10 ; or\n- (b) Housing Australia’s functions under this Act in relation to cooperating States, mentioned in section 15 ; or\n- (c) Housing Australia’s functions under this Act in relation to withdrawn States, mentioned in section 20 .","sortOrder":43},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"Limits on Help to Buy Program Directions","content":"### sch.1-sec.26 Limits on Help to Buy Program Directions\n\nThe Minister must not give a direction under sub section 24 (1) that is inconsistent with this Act (including the object of this Act) or the Housing Australia Act 2018 (including the object of that Act).\nThe Minister must not give a direction under paragraph 24(1)(a) that has the purpose, or has or is likely to have the effect, of directly or indirectly requiring the Board or Housing Australia:\nto enter into a particular Help to Buy arrangement; or\nto enter into a Help to Buy arrangement in relation to a particular residential property; or\nto enter into a Help to Buy arrangement with a particular individual or individuals; or\nto take, or not to take, particular action relating to a Help to Buy arrangement.\n(sch.1-sec.26-ssec.1) The Minister must not give a direction under sub section 24 (1) that is inconsistent with this Act (including the object of this Act) or the Housing Australia Act 2018 (including the object of that Act).\n(sch.1-sec.26-ssec.2) The Minister must not give a direction under paragraph 24(1)(a) that has the purpose, or has or is likely to have the effect, of directly or indirectly requiring the Board or Housing Australia: to enter into a particular Help to Buy arrangement; or to enter into a Help to Buy arrangement in relation to a particular residential property; or to enter into a Help to Buy arrangement with a particular individual or individuals; or to take, or not to take, particular action relating to a Help to Buy arrangement.\n- (a) to enter into a particular Help to Buy arrangement; or\n- (b) to enter into a Help to Buy arrangement in relation to a particular residential property; or\n- (c) to enter into a Help to Buy arrangement with a particular individual or individuals; or\n- (d) to take, or not to take, particular action relating to a Help to Buy arrangement.","sortOrder":44},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Finance","content":"# Finance","sortOrder":45},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Provision of contributions by Commonwealth","content":"### sch.1-sec.27 Provision of contributions by Commonwealth\n\nThe Commonwealth must pay to Housing Australia amounts to enable Housing Australia to make contributions on behalf of the Commonwealth under Help to Buy arrangements.\nHousing Australia must use amounts provided under subsection (1) only for the purpose mentioned in that subsection.\nHousing Australia must make contributions on behalf of the Commonwealth under Help to Buy arrangements only from amounts paid to Housing Australia under subsection (1) .\nAppropriation\nAmounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n(sch.1-sec.27-ssec.1) The Commonwealth must pay to Housing Australia amounts to enable Housing Australia to make contributions on behalf of the Commonwealth under Help to Buy arrangements.\n(sch.1-sec.27-ssec.2) Housing Australia must use amounts provided under subsection (1) only for the purpose mentioned in that subsection.\n(sch.1-sec.27-ssec.3) Housing Australia must make contributions on behalf of the Commonwealth under Help to Buy arrangements only from amounts paid to Housing Australia under subsection (1) .\n(sch.1-sec.27-ssec) Appropriation\n(sch.1-sec.27-ssec.4) Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.","sortOrder":46},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Payment of returns to Commonwealth","content":"### sch.1-sec.28 Payment of returns to Commonwealth\n\nHousing Australia must pay to the Commonwealth as soon as reasonably practicable:\nall amounts Housing Australia receives on behalf of the Commonwealth under Help to Buy arrangements; and\nany interest Housing Australia receives in performing its functions under this Act.\n- (a) all amounts Housing Australia receives on behalf of the Commonwealth under Help to Buy arrangements; and\n- (b) any interest Housing Australia receives in performing its functions under this Act.","sortOrder":47},{"sectionNumber":"sch.1-pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":48},{"sectionNumber":"sch.1-pt.5-div.1","sectionType":"division","heading":"Provisions relating to the constitutional basis of this Act etc.","content":"## Provisions relating to the constitutional basis of this Act etc.","sortOrder":49},{"sectionNumber":"sch.1-sec.29","sectionType":"section","heading":"Simplified outline of this Division","content":"### sch.1-sec.29 Simplified outline of this Division\n\nSection 35 provides that a participating State is a State that:\nrefers the primary matters (see section 32 ), the residual matters (see section 33 ) and the amendment matters (see section 34 ) to the Commonwealth; or\nadopts the primary and residual versions of this Act (see section 31 ) and refers the amendment matters to the Commonwealth.\nDivision 1 of Part 2 provides for Housing Australia to enter into and administer Help to Buy arrangements in relation to residential property located in a participating State.\nSection 36 provides that a participating State becomes a cooperating State if the State:\nterminates its reference of the primary matters, or its adoption of the primary version of this Act; but\ndoes not terminate its other references or its adoption of the residual version of this Act.\nDivision 2 of Part 2 provides for Housing Australia to administer Help to Buy arrangements in relation to residential property located in a cooperating State if the arrangements were entered into before the State ceased to be a participating State. Housing Australia cannot enter into new Help to Buy arrangements in relation to residential property located in a cooperating State.\nSection 37 provides that a participating or cooperating State becomes a withdrawn State if the State terminates its reference of the residual matters, its adoption of the residual version of this Act or its reference of the amendment matters.\nDivision 3 of Part 2 provides for Housing Australia to administer Help to Buy arrangements in relation to residential property located in a withdrawn State if the arrangements were entered into before the State ceased to be a participating State. Housing Australia cannot enter into new Help to Buy arrangements in relation to residential property located in a withdrawn State.\nTo the extent this Act relates to withdrawn States, it relies on the Commonwealth’s legislative powers other than the power under paragraph 51(xxxvii) of the Constitution (see section 38 of this Act).\n- (a) refers the primary matters (see section 32 ), the residual matters (see section 33 ) and the amendment matters (see section 34 ) to the Commonwealth; or\n- (b) adopts the primary and residual versions of this Act (see section 31 ) and refers the amendment matters to the Commonwealth.\n- (a) terminates its reference of the primary matters, or its adoption of the primary version of this Act; but\n- (b) does not terminate its other references or its adoption of the residual version of this Act.","sortOrder":50},{"sectionNumber":"sch.1-sec.30","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.30 Definitions\n\nIn this Division:\namendment matters has the meaning given by sub section 34 (1) .\nexpress amendment has the meaning given by sub sections 34 (4) and (5) .\nprimary matters has the meaning given by sub section 32 (1) .\nprimary version of this Act has the meaning given by sub section 31 (2) .\nreferral law of a State means the law of the State that refers the amendment matters to the Commonwealth Parliament.\nreferred primary provisions has the meaning given by sub section 32 (3) .\nreferred residual provisions has the meaning given by sub section 33 (3) .\nrelevant version of this Act has the meaning given by sub section 31 (1) .\nresidual matters has the meaning given by sub section 33 (1) .\nresidual version of this Act has the meaning given by sub section 31 (3) .","sortOrder":51},{"sectionNumber":"sch.1-sec.31","sectionType":"section","heading":"Versions of this Act","content":"### sch.1-sec.31 Versions of this Act\n\nFor the purposes of this Division, the relevant version of this Act , in relation to a State, is:\nif, at the time the State’s referral law was enacted, this Act had not been enacted—this Act as originally enacted; or\notherwise—this Act:\nas originally enacted; and\nas amended from time to time, until the earliest time that any provision of the State’s referral law commences.\nFor the purposes of this Division, the primary version of this Act is the relevant version of this Act, excluding Divisions 2 and 3 of Part 2 , subparagraph 24(1)(a)(ii), paragraphs 25(3)(b) and (c) and section 38 (which deal with the functions and powers of Housing Australia in relation to cooperating States and withdrawn States).\nFor the purposes of this Division, the residual version of this Act is the relevant version of this Act, excluding Divisions 1 and 3 of Part 2 , subparagraph 24(1)(a)(i), paragraphs 25(3)(a) and (c) and section 38 (which deal with the functions and powers of Housing Australia in relation to participating States, Territories and withdrawn States).\n(sch.1-sec.31-ssec.1) For the purposes of this Division, the relevant version of this Act , in relation to a State, is: if, at the time the State’s referral law was enacted, this Act had not been enacted—this Act as originally enacted; or otherwise—this Act: as originally enacted; and as amended from time to time, until the earliest time that any provision of the State’s referral law commences.\n(sch.1-sec.31-ssec.2) For the purposes of this Division, the primary version of this Act is the relevant version of this Act, excluding Divisions 2 and 3 of Part 2 , subparagraph 24(1)(a)(ii), paragraphs 25(3)(b) and (c) and section 38 (which deal with the functions and powers of Housing Australia in relation to cooperating States and withdrawn States).\n(sch.1-sec.31-ssec.3) For the purposes of this Division, the residual version of this Act is the relevant version of this Act, excluding Divisions 1 and 3 of Part 2 , subparagraph 24(1)(a)(i), paragraphs 25(3)(a) and (c) and section 38 (which deal with the functions and powers of Housing Australia in relation to participating States, Territories and withdrawn States).\n- (a) if, at the time the State’s referral law was enacted, this Act had not been enacted—this Act as originally enacted; or\n- (b) otherwise—this Act: (i) as originally enacted; and (ii) as amended from time to time, until the earliest time that any provision of the State’s referral law commences.\n- (i) as originally enacted; and\n- (ii) as amended from time to time, until the earliest time that any provision of the State’s referral law commences.\n- (i) as originally enacted; and\n- (ii) as amended from time to time, until the earliest time that any provision of the State’s referral law commences.","sortOrder":52},{"sectionNumber":"sch.1-sec.32","sectionType":"section","heading":"Meaning of primary matters","content":"### sch.1-sec.32 Meaning of primary matters\n\nFor the purposes of this Division, the primary matters are the matters covered by subsection (2) .\nThis subsection covers the matters to which the referred primary provisions relate, to the extent of making laws with respect to those matters by including the referred primary provisions in the relevant version of this Act.\nThe referred primary provisions :\nsubject to paragraph (b) , are the provisions of the relevant version of this Act, to the extent that they deal with matters that are included in the legislative powers of the Parliaments of the States; and\ndo not include Division 2 or 3 of Part 2 , subparagraph 24(1)(a)(ii), paragraph 25(3)(b) or (c) or section 38 of the relevant version of this Act (which deals with the functions and powers of Housing Australia in relation to cooperating States or withdrawn States).\n(sch.1-sec.32-ssec.1) For the purposes of this Division, the primary matters are the matters covered by subsection (2) .\n(sch.1-sec.32-ssec.2) This subsection covers the matters to which the referred primary provisions relate, to the extent of making laws with respect to those matters by including the referred primary provisions in the relevant version of this Act.\n(sch.1-sec.32-ssec.3) The referred primary provisions : subject to paragraph (b) , are the provisions of the relevant version of this Act, to the extent that they deal with matters that are included in the legislative powers of the Parliaments of the States; and do not include Division 2 or 3 of Part 2 , subparagraph 24(1)(a)(ii), paragraph 25(3)(b) or (c) or section 38 of the relevant version of this Act (which deals with the functions and powers of Housing Australia in relation to cooperating States or withdrawn States).\n- (a) subject to paragraph (b) , are the provisions of the relevant version of this Act, to the extent that they deal with matters that are included in the legislative powers of the Parliaments of the States; and\n- (b) do not include Division 2 or 3 of Part 2 , subparagraph 24(1)(a)(ii), paragraph 25(3)(b) or (c) or section 38 of the relevant version of this Act (which deals with the functions and powers of Housing Australia in relation to cooperating States or withdrawn States).","sortOrder":53},{"sectionNumber":"sch.1-sec.33","sectionType":"section","heading":"Meaning of residual matters","content":"### sch.1-sec.33 Meaning of residual matters\n\nFor the purposes of this Division, the residual matters are the matters covered by subsection (2) .\nThis subsection covers the matters to which the referred residual provisions relate, to the extent of making laws with respect to those matters by including the referred residual provisions in the relevant version of this Act.\nThe referred residual provisions :\nsubject to paragraph (b) , are the provisions of the relevant version of this Act, to the extent that they deal with matters that are included in the legislative powers of the Parliaments of the States; and\ndo not include Division 1 or 3 of Part 2 , subparagraph 24(1)(a)(i), paragraph 25(3)(a) or (c) or section 38 of the relevant version of this Act (which deals with the functions and powers of Housing Australia in relation to participating States and Territories or withdrawn States).\n(sch.1-sec.33-ssec.1) For the purposes of this Division, the residual matters are the matters covered by subsection (2) .\n(sch.1-sec.33-ssec.2) This subsection covers the matters to which the referred residual provisions relate, to the extent of making laws with respect to those matters by including the referred residual provisions in the relevant version of this Act.\n(sch.1-sec.33-ssec.3) The referred residual provisions : subject to paragraph (b) , are the provisions of the relevant version of this Act, to the extent that they deal with matters that are included in the legislative powers of the Parliaments of the States; and do not include Division 1 or 3 of Part 2 , subparagraph 24(1)(a)(i), paragraph 25(3)(a) or (c) or section 38 of the relevant version of this Act (which deals with the functions and powers of Housing Australia in relation to participating States and Territories or withdrawn States).\n- (a) subject to paragraph (b) , are the provisions of the relevant version of this Act, to the extent that they deal with matters that are included in the legislative powers of the Parliaments of the States; and\n- (b) do not include Division 1 or 3 of Part 2 , subparagraph 24(1)(a)(i), paragraph 25(3)(a) or (c) or section 38 of the relevant version of this Act (which deals with the functions and powers of Housing Australia in relation to participating States and Territories or withdrawn States).","sortOrder":54},{"sectionNumber":"sch.1-sec.34","sectionType":"section","heading":"Meaning of amendment matters","content":"### sch.1-sec.34 Meaning of amendment matters\n\nMeaning of amendment matters\nFor the purposes of this Division, the amendment matters are the matters covered by subsection (2) .\nSubject to subsection (3) , this subsection covers the following matters, to the extent of making laws with respect to those matters by making express amendments of this Act:\nmatters relating to the provision of Commonwealth financial assistance for the purpose of assisting individuals to buy a home, where the financial assistance is provided under a Help to Buy arrangement that:\nrelates to residential property located in a State; and\nis entered into while the State is a participating State;\nwithout limiting paragraph (a) —matters relating to:\nentering into Help to Buy arrangements that satisfy the conditions in subparagraphs (a)(i) and (ii); and\nadministering Help to Buy arrangements of that kind; and\nmonitoring compliance with Help to Buy arrangements of that kind; and\ndoing anything incidental or conducive to anything mentioned in subparagraph (i) , (ii) or (iii) .\nA reference in subsection (2) to making laws does not include a reference to making laws that would have the effect of:\ngiving Housing Australia, after a State stops being a participating State, the function of entering into, or the power to enter into, shared equity arrangements that relate to residential property located in the State; or\nsubstantively removing or overriding:\na provision of this Act that requires approval of the State before certain things are done; or\nsection 41 , 41A or 42 .\nMeaning of express amendment\nSubject to subsection (5) , express amendment is the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter).\nTo avoid doubt, the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act is not express amendment .\n(sch.1-sec.34-ssec) Meaning of amendment matters\n(sch.1-sec.34-ssec.1) For the purposes of this Division, the amendment matters are the matters covered by subsection (2) .\n(sch.1-sec.34-ssec.2) Subject to subsection (3) , this subsection covers the following matters, to the extent of making laws with respect to those matters by making express amendments of this Act: matters relating to the provision of Commonwealth financial assistance for the purpose of assisting individuals to buy a home, where the financial assistance is provided under a Help to Buy arrangement that: relates to residential property located in a State; and is entered into while the State is a participating State; without limiting paragraph (a) —matters relating to: entering into Help to Buy arrangements that satisfy the conditions in subparagraphs (a)(i) and (ii); and administering Help to Buy arrangements of that kind; and monitoring compliance with Help to Buy arrangements of that kind; and doing anything incidental or conducive to anything mentioned in subparagraph (i) , (ii) or (iii) .\n(sch.1-sec.34-ssec.3) A reference in subsection (2) to making laws does not include a reference to making laws that would have the effect of: giving Housing Australia, after a State stops being a participating State, the function of entering into, or the power to enter into, shared equity arrangements that relate to residential property located in the State; or substantively removing or overriding: a provision of this Act that requires approval of the State before certain things are done; or section 41 , 41A or 42 .\n(sch.1-sec.34-ssec-oc.2) Meaning of express amendment\n(sch.1-sec.34-ssec.4) Subject to subsection (5) , express amendment is the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter).\n(sch.1-sec.34-ssec.5) To avoid doubt, the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act is not express amendment .\n- (a) matters relating to the provision of Commonwealth financial assistance for the purpose of assisting individuals to buy a home, where the financial assistance is provided under a Help to Buy arrangement that: (i) relates to residential property located in a State; and (ii) is entered into while the State is a participating State;\n- (i) relates to residential property located in a State; and\n- (ii) is entered into while the State is a participating State;\n- (b) without limiting paragraph (a) —matters relating to: (i) entering into Help to Buy arrangements that satisfy the conditions in subparagraphs (a)(i) and (ii); and (ii) administering Help to Buy arrangements of that kind; and (iii) monitoring compliance with Help to Buy arrangements of that kind; and (iv) doing anything incidental or conducive to anything mentioned in subparagraph (i) , (ii) or (iii) .\n- (i) entering into Help to Buy arrangements that satisfy the conditions in subparagraphs (a)(i) and (ii); and\n- (ii) administering Help to Buy arrangements of that kind; and\n- (iii) monitoring compliance with Help to Buy arrangements of that kind; and\n- (iv) doing anything incidental or conducive to anything mentioned in subparagraph (i) , (ii) or (iii) .\n- (i) relates to residential property located in a State; and\n- (ii) is entered into while the State is a participating State;\n- (i) entering into Help to Buy arrangements that satisfy the conditions in subparagraphs (a)(i) and (ii); and\n- (ii) administering Help to Buy arrangements of that kind; and\n- (iii) monitoring compliance with Help to Buy arrangements of that kind; and\n- (iv) doing anything incidental or conducive to anything mentioned in subparagraph (i) , (ii) or (iii) .\n- (a) giving Housing Australia, after a State stops being a participating State, the function of entering into, or the power to enter into, shared equity arrangements that relate to residential property located in the State; or\n- (b) substantively removing or overriding: (i) a provision of this Act that requires approval of the State before certain things are done; or (ii) section 41 , 41A or 42 .\n- (i) a provision of this Act that requires approval of the State before certain things are done; or\n- (ii) section 41 , 41A or 42 .\n- (i) a provision of this Act that requires approval of the State before certain things are done; or\n- (ii) section 41 , 41A or 42 .","sortOrder":55},{"sectionNumber":"sch.1-sec.35","sectionType":"section","heading":"Meaning of participating State","content":"### sch.1-sec.35 Meaning of participating State\n\nWhen a State is a participating State\nFor the purposes of this Act, a State is a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:\nrefers the primary matters to the Commonwealth Parliament; and\nrefers the residual matters to the Commonwealth Parliament; and\nrefers the amendment matters to the Commonwealth Parliament.\nA State is also a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:\nadopts the primary version of this Act; and\nadopts the residual version of this Act; and\nrefers the amendment matters to the Commonwealth Parliament.\nA State is a participating State under subsection (1) or (2) even if the State’s referral law, or another law of the State, provides that:\na reference mentioned in subsection (1) or (2) is to terminate in particular circumstances; or\nan adoption mentioned in subsection (2) is to terminate in particular circumstances; or\na reference mentioned in subsection (1) or (2) has effect only:\nif, and to the extent that, the matters referred are not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or\nif, and to the extent that, the matters referred are included in the legislative powers of the Parliament of the State.\nWhen a State stops being a participating State\nA State stops being a participating State if:\nin a case where the State is a participating State under subsection (1) —a reference mentioned in that subsection terminates; or\nin a case where the State is a participating State under subsection (2) —an adoption, or the reference, mentioned in that subsection terminates.\n(sch.1-sec.35-ssec) When a State is a participating State\n(sch.1-sec.35-ssec.1) For the purposes of this Act, a State is a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State: refers the primary matters to the Commonwealth Parliament; and refers the residual matters to the Commonwealth Parliament; and refers the amendment matters to the Commonwealth Parliament.\n(sch.1-sec.35-ssec.2) A State is also a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State: adopts the primary version of this Act; and adopts the residual version of this Act; and refers the amendment matters to the Commonwealth Parliament.\n(sch.1-sec.35-ssec.3) A State is a participating State under subsection (1) or (2) even if the State’s referral law, or another law of the State, provides that: a reference mentioned in subsection (1) or (2) is to terminate in particular circumstances; or an adoption mentioned in subsection (2) is to terminate in particular circumstances; or a reference mentioned in subsection (1) or (2) has effect only: if, and to the extent that, the matters referred are not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or if, and to the extent that, the matters referred are included in the legislative powers of the Parliament of the State.\n(sch.1-sec.35-ssec-oc.2) When a State stops being a participating State\n(sch.1-sec.35-ssec.4) A State stops being a participating State if: in a case where the State is a participating State under subsection (1) —a reference mentioned in that subsection terminates; or in a case where the State is a participating State under subsection (2) —an adoption, or the reference, mentioned in that subsection terminates.\n- (a) refers the primary matters to the Commonwealth Parliament; and\n- (b) refers the residual matters to the Commonwealth Parliament; and\n- (c) refers the amendment matters to the Commonwealth Parliament.\n- (a) adopts the primary version of this Act; and\n- (b) adopts the residual version of this Act; and\n- (c) refers the amendment matters to the Commonwealth Parliament.\n- (a) a reference mentioned in subsection (1) or (2) is to terminate in particular circumstances; or\n- (b) an adoption mentioned in subsection (2) is to terminate in particular circumstances; or\n- (c) a reference mentioned in subsection (1) or (2) has effect only: (i) if, and to the extent that, the matters referred are not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or (ii) if, and to the extent that, the matters referred are included in the legislative powers of the Parliament of the State.\n- (i) if, and to the extent that, the matters referred are not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or\n- (ii) if, and to the extent that, the matters referred are included in the legislative powers of the Parliament of the State.\n- (i) if, and to the extent that, the matters referred are not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or\n- (ii) if, and to the extent that, the matters referred are included in the legislative powers of the Parliament of the State.\n- (a) in a case where the State is a participating State under subsection (1) —a reference mentioned in that subsection terminates; or\n- (b) in a case where the State is a participating State under subsection (2) —an adoption, or the reference, mentioned in that subsection terminates.","sortOrder":56},{"sectionNumber":"sch.1-sec.36","sectionType":"section","heading":"Meaning of cooperating State","content":"### sch.1-sec.36 Meaning of cooperating State\n\nWhen a State is a cooperating State\nFor the purposes of this Act, a State is a cooperating State if the State:\nwas a participating State under sub section 35 (1) ; and\nhas stopped being a participating State because it terminated its reference of the primary matters; and\nhas not terminated its reference of the residual matters; and\nhas not terminated its reference of the amendment matters.\nA State is also a cooperating State if the State:\nwas a participating State under sub section 35 (2) ; and\nhas stopped being a participating State because it terminated its adoption of the primary version of this Act; and\nhas not terminated its adoption of the residual version of this Act; and\nhas not terminated its reference of the amendment matters.\nWhen a State stops being a cooperating State\nA State stops being a cooperating State if:\nin a case where the State is a cooperating State under subsection (1) of this section—a reference mentioned in paragraph (1)(c) or (d) terminates; or\nin a case where the State is a cooperating State under subsection (2) —the adoption mentioned in paragraph (2)(c), or the reference mentioned in paragraph (2)(d), terminates.\n(sch.1-sec.36-ssec) When a State is a cooperating State\n(sch.1-sec.36-ssec.1) For the purposes of this Act, a State is a cooperating State if the State: was a participating State under sub section 35 (1) ; and has stopped being a participating State because it terminated its reference of the primary matters; and has not terminated its reference of the residual matters; and has not terminated its reference of the amendment matters.\n(sch.1-sec.36-ssec.2) A State is also a cooperating State if the State: was a participating State under sub section 35 (2) ; and has stopped being a participating State because it terminated its adoption of the primary version of this Act; and has not terminated its adoption of the residual version of this Act; and has not terminated its reference of the amendment matters.\n(sch.1-sec.36-ssec-oc.2) When a State stops being a cooperating State\n(sch.1-sec.36-ssec.3) A State stops being a cooperating State if: in a case where the State is a cooperating State under subsection (1) of this section—a reference mentioned in paragraph (1)(c) or (d) terminates; or in a case where the State is a cooperating State under subsection (2) —the adoption mentioned in paragraph (2)(c), or the reference mentioned in paragraph (2)(d), terminates.\n- (a) was a participating State under sub section 35 (1) ; and\n- (b) has stopped being a participating State because it terminated its reference of the primary matters; and\n- (c) has not terminated its reference of the residual matters; and\n- (d) has not terminated its reference of the amendment matters.\n- (a) was a participating State under sub section 35 (2) ; and\n- (b) has stopped being a participating State because it terminated its adoption of the primary version of this Act; and\n- (c) has not terminated its adoption of the residual version of this Act; and\n- (d) has not terminated its reference of the amendment matters.\n- (a) in a case where the State is a cooperating State under subsection (1) of this section—a reference mentioned in paragraph (1)(c) or (d) terminates; or\n- (b) in a case where the State is a cooperating State under subsection (2) —the adoption mentioned in paragraph (2)(c), or the reference mentioned in paragraph (2)(d), terminates.","sortOrder":57},{"sectionNumber":"sch.1-sec.37","sectionType":"section","heading":"Meaning of withdrawn State","content":"### sch.1-sec.37 Meaning of withdrawn State\n\nFor the purposes of this Act, a State is a withdrawn State if the State:\nhas stopped being a participating State; and\nis not a cooperating State.\nTo avoid doubt, subsection (1) applies whether:\nthe State became a cooperating State when it stopped being a participating State, but has since stopped being a cooperating State; or\nthe State was never a cooperating State.\n(sch.1-sec.37-ssec.1) For the purposes of this Act, a State is a withdrawn State if the State: has stopped being a participating State; and is not a cooperating State.\n(sch.1-sec.37-ssec.2) To avoid doubt, subsection (1) applies whether: the State became a cooperating State when it stopped being a participating State, but has since stopped being a cooperating State; or the State was never a cooperating State.\n- (a) has stopped being a participating State; and\n- (b) is not a cooperating State.\n- (a) the State became a cooperating State when it stopped being a participating State, but has since stopped being a cooperating State; or\n- (b) the State was never a cooperating State.","sortOrder":58},{"sectionNumber":"sch.1-sec.38","sectionType":"section","heading":"Constitutional basis of provisions relating to withdrawn States","content":"### sch.1-sec.38 Constitutional basis of provisions relating to withdrawn States\n\nThe provisions mentioned in subsection (2) rely on the legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph 51(xxxvii) of the Constitution), including the legislative power that the Parliament has under the Constitution with respect to:\nthe executive power of the Commonwealth (including matters incidental to the execution of the executive power of the Commonwealth); or\nmatters incidental to the execution of any of the legislative powers of the Parliament.\nFor the purposes of subsection (1) , the provisions are:\nDivision 3 of Part 2 ; and\nparagraph 25(3)(c); and\nthe other provisions of this Act, to the extent the other provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State; and\nthe provisions of the Housing Australia Act 2018 , to the extent the provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State.\n(sch.1-sec.38-ssec.1) The provisions mentioned in subsection (2) rely on the legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph 51(xxxvii) of the Constitution), including the legislative power that the Parliament has under the Constitution with respect to: the executive power of the Commonwealth (including matters incidental to the execution of the executive power of the Commonwealth); or matters incidental to the execution of any of the legislative powers of the Parliament.\n(sch.1-sec.38-ssec.2) For the purposes of subsection (1) , the provisions are: Division 3 of Part 2 ; and paragraph 25(3)(c); and the other provisions of this Act, to the extent the other provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State; and the provisions of the Housing Australia Act 2018 , to the extent the provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State.\n- (a) the executive power of the Commonwealth (including matters incidental to the execution of the executive power of the Commonwealth); or\n- (b) matters incidental to the execution of any of the legislative powers of the Parliament.\n- (a) Division 3 of Part 2 ; and\n- (b) paragraph 25(3)(c); and\n- (c) the other provisions of this Act, to the extent the other provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State; and\n- (d) the provisions of the Housing Australia Act 2018 , to the extent the provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State.","sortOrder":59},{"sectionNumber":"sch.1-pt.5-div.2","sectionType":"division","heading":"Interaction with other laws","content":"## Interaction with other laws","sortOrder":60},{"sectionNumber":"sch.1-sec.39","sectionType":"section","heading":"Interaction with the Housing Australia Act 2018","content":"### sch.1-sec.39 Interaction with the Housing Australia Act 2018\n\nThis Act does not limit the Housing Australia Act 2018 .","sortOrder":61},{"sectionNumber":"sch.1-sec.40","sectionType":"section","heading":"Application of the Lands Acquisition Act 1989","content":"### sch.1-sec.40 Application of the Lands Acquisition Act 1989\n\nThe Lands Acquisition Act 1989 does not apply in relation to anything done under this Act.","sortOrder":62},{"sectionNumber":"sch.1-sec.41","sectionType":"section","heading":"Concurrent operation of State and Territory laws","content":"### sch.1-sec.41 Concurrent operation of State and Territory laws\n\nThis Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.\nWithout limiting subsection (1) , this Act is not intended to exclude or limit the concurrent operation of a State or Territory home buyer scheme law merely because the law relates to a State or Territory home buyer scheme.\nThis section does not apply to a law of a State or Territory if there is a direct inconsistency between this Act and that law.\nSection 42 prevents inconsistencies arising in some cases by limiting the operation of the Help to Buy program.\n(sch.1-sec.41-ssec.1) This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.\n(sch.1-sec.41-ssec.2) Without limiting subsection (1) , this Act is not intended to exclude or limit the concurrent operation of a State or Territory home buyer scheme law merely because the law relates to a State or Territory home buyer scheme.\n(sch.1-sec.41-ssec.3) This section does not apply to a law of a State or Territory if there is a direct inconsistency between this Act and that law. Section 42 prevents inconsistencies arising in some cases by limiting the operation of the Help to Buy program.","sortOrder":63},{"sectionNumber":"sch.1-sec.41A","sectionType":"section","heading":"When Help to Buy program does not apply—exclusion by law of State or Territory","content":"### sch.1-sec.41A When Help to Buy program does not apply—exclusion by law of State or Territory\n\nThis section applies if a law of a participating State, a cooperating State, the Australian Capital Territory or the Northern Territory declares a matter to be an excluded matter for the purposes of this section in relation to:\nthe whole of the Help to Buy program; or\na specified provision of the Help to Buy program; or\nthe Help to Buy program, other than a specified provision; or\nthe Help to Buy program, otherwise than to a specified extent.\nThe Help to Buy program, other than the provisions mentioned in section 42B , does not apply in relation to the excluded matter to the extent provided by the declaration.\nThis subsection has effect subject to subsection (3) and section 42C .\nSubsection (2) does not apply to a declaration to the extent (if any) prescribed by the regulations.\nSee also section 42A (when declarations and regulations may take effect).\n(sch.1-sec.41A-ssec.1) This section applies if a law of a participating State, a cooperating State, the Australian Capital Territory or the Northern Territory declares a matter to be an excluded matter for the purposes of this section in relation to: the whole of the Help to Buy program; or a specified provision of the Help to Buy program; or the Help to Buy program, other than a specified provision; or the Help to Buy program, otherwise than to a specified extent.\n(sch.1-sec.41A-ssec.2) The Help to Buy program, other than the provisions mentioned in section 42B , does not apply in relation to the excluded matter to the extent provided by the declaration. This subsection has effect subject to subsection (3) and section 42C .\n(sch.1-sec.41A-ssec.3) Subsection (2) does not apply to a declaration to the extent (if any) prescribed by the regulations. See also section 42A (when declarations and regulations may take effect).\n- (a) the whole of the Help to Buy program; or\n- (b) a specified provision of the Help to Buy program; or\n- (c) the Help to Buy program, other than a specified provision; or\n- (d) the Help to Buy program, otherwise than to a specified extent.","sortOrder":64},{"sectionNumber":"sch.1-sec.42","sectionType":"section","heading":"Avoiding inconsistency with State and Territory laws","content":"### sch.1-sec.42 Avoiding inconsistency with State and Territory laws\n\nThis section has effect despite anything else in the Help to Buy program.\nSubsection (4) does not apply to a provision of a law of a State or Territory that is capable of concurrent operation with the Help to Buy program.\nThis kind of provision is dealt with by section 41 .\nSubsection (4) applies to the interaction between:\na provision of a law of a participating State, a cooperating State, the Australian Capital Territory or the Northern Territory (the displacement provision ); and\na provision of the Help to Buy program (the Commonwealth provision ), other than a provision mentioned in section 42B ;\nonly if the displacement provision is declared by a law of the State or Territory to be a Help to Buy program displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision).\nThe Commonwealth provision does not operate in, or in relation to, the State or Territory to the extent necessary to ensure that no inconsistency arises between:\nthe Commonwealth provision; and\nthe displacement provision to the extent to which the displacement provision would, apart from this subsection, be inconsistent with the Commonwealth provision.\nThe operation of the displacement provision will be supported by section 41 to the extent to which it can operate concurrently with the Commonwealth provision.\nThis subsection has effect subject to subsection (5) and section 42C .\nSubsection (4) does not apply in relation to the displacement provision to the extent to which the regulations provide that the subsection does not apply in relation to the displacement provision.\nSee also section 42A (when declarations and regulations may take effect).\n(sch.1-sec.42-ssec.1) This section has effect despite anything else in the Help to Buy program.\n(sch.1-sec.42-ssec.2) Subsection (4) does not apply to a provision of a law of a State or Territory that is capable of concurrent operation with the Help to Buy program. This kind of provision is dealt with by section 41 .\n(sch.1-sec.42-ssec.3) Subsection (4) applies to the interaction between: a provision of a law of a participating State, a cooperating State, the Australian Capital Territory or the Northern Territory (the displacement provision ); and a provision of the Help to Buy program (the Commonwealth provision ), other than a provision mentioned in section 42B ; only if the displacement provision is declared by a law of the State or Territory to be a Help to Buy program displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision).\n(sch.1-sec.42-ssec.4) The Commonwealth provision does not operate in, or in relation to, the State or Territory to the extent necessary to ensure that no inconsistency arises between: the Commonwealth provision; and the displacement provision to the extent to which the displacement provision would, apart from this subsection, be inconsistent with the Commonwealth provision. The operation of the displacement provision will be supported by section 41 to the extent to which it can operate concurrently with the Commonwealth provision. This subsection has effect subject to subsection (5) and section 42C .\n(sch.1-sec.42-ssec.5) Subsection (4) does not apply in relation to the displacement provision to the extent to which the regulations provide that the subsection does not apply in relation to the displacement provision. See also section 42A (when declarations and regulations may take effect).\n- (a) a provision of a law of a participating State, a cooperating State, the Australian Capital Territory or the Northern Territory (the displacement provision ); and\n- (b) a provision of the Help to Buy program (the Commonwealth provision ), other than a provision mentioned in section 42B ;\n- (a) the Commonwealth provision; and\n- (b) the displacement provision to the extent to which the displacement provision would, apart from this subsection, be inconsistent with the Commonwealth provision.","sortOrder":65},{"sectionNumber":"sch.1-sec.42A","sectionType":"section","heading":"Declarations and regulations","content":"### sch.1-sec.42A Declarations and regulations\n\nDeclarations\nFor the purposes of this Subdivision, a declaration by a law of a State or Territory (the declaring law ) that:\na matter is an excluded matter for the purposes of section 41A ; or\na provision of a law of the State or Territory is a Help to Buy program displacement provision for the purposes of section 42 ;\ntakes effect at the later of the following times, if the declaration would otherwise take effect before that time:\nthe commencement of this Act;\nwhen the declaring law is enacted or made.\nRegulations\nSub section 12 (2) of the Legislation Act 2003 (retrospective application) does not apply in relation to regulations made for the purposes of sub section 41A (3) or 42 (5) of this Act.\nSection 46 (approval of States and Territories required for regulations) does not apply in relation to regulations made for the purposes of sub section 41A (3) or 42 (5) .\n(sch.1-sec.42A-ssec) Declarations\n(sch.1-sec.42A-ssec.1) For the purposes of this Subdivision, a declaration by a law of a State or Territory (the declaring law ) that: a matter is an excluded matter for the purposes of section 41A ; or a provision of a law of the State or Territory is a Help to Buy program displacement provision for the purposes of section 42 ; takes effect at the later of the following times, if the declaration would otherwise take effect before that time: the commencement of this Act; when the declaring law is enacted or made.\n(sch.1-sec.42A-ssec-oc.2) Regulations\n(sch.1-sec.42A-ssec.2) Sub section 12 (2) of the Legislation Act 2003 (retrospective application) does not apply in relation to regulations made for the purposes of sub section 41A (3) or 42 (5) of this Act.\n(sch.1-sec.42A-ssec.3) Section 46 (approval of States and Territories required for regulations) does not apply in relation to regulations made for the purposes of sub section 41A (3) or 42 (5) .\n- (a) a matter is an excluded matter for the purposes of section 41A ; or\n- (b) a provision of a law of the State or Territory is a Help to Buy program displacement provision for the purposes of section 42 ;\n- (c) the commencement of this Act;\n- (d) when the declaring law is enacted or made.","sortOrder":66},{"sectionNumber":"sch.1-sec.42B","sectionType":"section","heading":"Excluded provisions","content":"### sch.1-sec.42B Excluded provisions\n\nA reference in sub section 41A (2) or 42 (3) of this Act to the Help to Buy program does not include a reference to:\nPart 4 of this Act (finance); or\nthis Division; or\nDivision 3 of this Part (other miscellaneous matters); or\nregulations made for the purposes of a provision mentioned in paragraph (a) , (b) or (c) of this section; or\na legislative instrument (other than regulations) made under a provision mentioned in paragraph (a) , (b) or (c) .\n- (a) Part 4 of this Act (finance); or\n- (b) this Division; or\n- (c) Division 3 of this Part (other miscellaneous matters); or\n- (d) regulations made for the purposes of a provision mentioned in paragraph (a) , (b) or (c) of this section; or\n- (e) a legislative instrument (other than regulations) made under a provision mentioned in paragraph (a) , (b) or (c) .","sortOrder":67},{"sectionNumber":"sch.1-sec.42C","sectionType":"section","heading":"Preservation of Commonwealth entitlement and security","content":"### sch.1-sec.42C Preservation of Commonwealth entitlement and security\n\nIf:\ndisregarding sections 41A and 42 and this section, Housing Australia, on behalf of the Commonwealth:\nis entitled under a Help to Buy arrangement to a return on a contribution made under the Help to Buy arrangement; or\nunder a Help to Buy arrangement, secures such an entitlement by means of a mortgage or other right relating to a residential property; and\napart from this subsection, an effect of section 41A or 42 would be:\nthat Housing Australia is not entitled to that return, or does not secure that entitlement in that way; or\nto diminish or restrict that entitlement or security or Housing Australia’s functions or powers in relation to that entitlement or security;\nsection 41A or 42 does not apply to the extent that it would otherwise have the effect described in paragraph (b) of this subsection.\nTo avoid doubt, in subsection (1) :\na reference to a Help to Buy arrangement includes a reference to a Help to Buy arrangement that Housing Australia would be taken to have entered into if section 41A or 42 were disregarded; and\na reference to a contribution made under a Help to Buy arrangement includes a reference to a contribution Housing Australia would be taken to have made, on behalf of the Commonwealth, under a Help to Buy arrangement if section 41A or 42 were disregarded; and\na reference to Housing Australia’s functions or powers in relation to an entitlement or security includes a reference to Housing Australia’s functions or powers in relation to a Help to Buy arrangement, to the extent that the Help to Buy arrangement relates to the entitlement or security.\n(sch.1-sec.42C-ssec.1) If: disregarding sections 41A and 42 and this section, Housing Australia, on behalf of the Commonwealth: is entitled under a Help to Buy arrangement to a return on a contribution made under the Help to Buy arrangement; or under a Help to Buy arrangement, secures such an entitlement by means of a mortgage or other right relating to a residential property; and apart from this subsection, an effect of section 41A or 42 would be: that Housing Australia is not entitled to that return, or does not secure that entitlement in that way; or to diminish or restrict that entitlement or security or Housing Australia’s functions or powers in relation to that entitlement or security; section 41A or 42 does not apply to the extent that it would otherwise have the effect described in paragraph (b) of this subsection.\n(sch.1-sec.42C-ssec.2) To avoid doubt, in subsection (1) : a reference to a Help to Buy arrangement includes a reference to a Help to Buy arrangement that Housing Australia would be taken to have entered into if section 41A or 42 were disregarded; and a reference to a contribution made under a Help to Buy arrangement includes a reference to a contribution Housing Australia would be taken to have made, on behalf of the Commonwealth, under a Help to Buy arrangement if section 41A or 42 were disregarded; and a reference to Housing Australia’s functions or powers in relation to an entitlement or security includes a reference to Housing Australia’s functions or powers in relation to a Help to Buy arrangement, to the extent that the Help to Buy arrangement relates to the entitlement or security.\n- (a) disregarding sections 41A and 42 and this section, Housing Australia, on behalf of the Commonwealth: (i) is entitled under a Help to Buy arrangement to a return on a contribution made under the Help to Buy arrangement; or (ii) under a Help to Buy arrangement, secures such an entitlement by means of a mortgage or other right relating to a residential property; and\n- (i) is entitled under a Help to Buy arrangement to a return on a contribution made under the Help to Buy arrangement; or\n- (ii) under a Help to Buy arrangement, secures such an entitlement by means of a mortgage or other right relating to a residential property; and\n- (b) apart from this subsection, an effect of section 41A or 42 would be: (i) that Housing Australia is not entitled to that return, or does not secure that entitlement in that way; or (ii) to diminish or restrict that entitlement or security or Housing Australia’s functions or powers in relation to that entitlement or security;\n- (i) that Housing Australia is not entitled to that return, or does not secure that entitlement in that way; or\n- (ii) to diminish or restrict that entitlement or security or Housing Australia’s functions or powers in relation to that entitlement or security;\n- (i) is entitled under a Help to Buy arrangement to a return on a contribution made under the Help to Buy arrangement; or\n- (ii) under a Help to Buy arrangement, secures such an entitlement by means of a mortgage or other right relating to a residential property; and\n- (i) that Housing Australia is not entitled to that return, or does not secure that entitlement in that way; or\n- (ii) to diminish or restrict that entitlement or security or Housing Australia’s functions or powers in relation to that entitlement or security;\n- (a) a reference to a Help to Buy arrangement includes a reference to a Help to Buy arrangement that Housing Australia would be taken to have entered into if section 41A or 42 were disregarded; and\n- (b) a reference to a contribution made under a Help to Buy arrangement includes a reference to a contribution Housing Australia would be taken to have made, on behalf of the Commonwealth, under a Help to Buy arrangement if section 41A or 42 were disregarded; and\n- (c) a reference to Housing Australia’s functions or powers in relation to an entitlement or security includes a reference to Housing Australia’s functions or powers in relation to a Help to Buy arrangement, to the extent that the Help to Buy arrangement relates to the entitlement or security.","sortOrder":68},{"sectionNumber":"sch.1-sec.42D","sectionType":"section","heading":"Modification of Help to Buy program","content":"### sch.1-sec.42D Modification of Help to Buy program\n\nSubject to subsection (3) of this section, the Minister may, by legislative instrument, modify the operation of the Help to Buy program if the Minister is satisfied that modification is necessary or desirable because of the effect of section 41A or 42 on the operation of a provision of the Help to Buy program.\nTo avoid doubt:\nwithout limiting subsection (1) of this section, the Minister may make an instrument under that subsection because of an effect that section 41A or 42 might or will have in the future; and\na modification made by such an instrument must not commence before section 41A or 42 begins to have that effect.\nTo avoid doubt, a legislative instrument made under subsection (1) of this section may not do the following:\ncreate an offence or civil penalty;\nprovide powers of:\narrest or detention; or\nentry, search or seizure;\nimpose a tax;\nset an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\ndirectly amend the text of this Act;\nsubstantively remove or override section 41A or 42 .\n(sch.1-sec.42D-ssec.1) Subject to subsection (3) of this section, the Minister may, by legislative instrument, modify the operation of the Help to Buy program if the Minister is satisfied that modification is necessary or desirable because of the effect of section 41A or 42 on the operation of a provision of the Help to Buy program.\n(sch.1-sec.42D-ssec.2) To avoid doubt: without limiting subsection (1) of this section, the Minister may make an instrument under that subsection because of an effect that section 41A or 42 might or will have in the future; and a modification made by such an instrument must not commence before section 41A or 42 begins to have that effect.\n(sch.1-sec.42D-ssec.3) To avoid doubt, a legislative instrument made under subsection (1) of this section may not do the following: create an offence or civil penalty; provide powers of: arrest or detention; or entry, search or seizure; impose a tax; set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act; directly amend the text of this Act; substantively remove or override section 41A or 42 .\n- (a) without limiting subsection (1) of this section, the Minister may make an instrument under that subsection because of an effect that section 41A or 42 might or will have in the future; and\n- (b) a modification made by such an instrument must not commence before section 41A or 42 begins to have that effect.\n- (a) create an offence or civil penalty;\n- (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure;\n- (i) arrest or detention; or\n- (ii) entry, search or seizure;\n- (c) impose a tax;\n- (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n- (e) directly amend the text of this Act;\n- (f) substantively remove or override section 41A or 42 .\n- (i) arrest or detention; or\n- (ii) entry, search or seizure;","sortOrder":69},{"sectionNumber":"sch.1-pt.5-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":70},{"sectionNumber":"sch.1-sec.43","sectionType":"section","heading":"Review by Administrative Appeals Tribunal","content":"### sch.1-sec.43 Review by Administrative Appeals Tribunal\n\nThe regulations may provide that applications may be made to the Administrative Appeals Tribunal for review of specified decisions of Housing Australia made in the performance of its functions mentioned in sections 10 and 15 .","sortOrder":71},{"sectionNumber":"sch.1-sec.44","sectionType":"section","heading":"Matters to be included in annual reports","content":"### sch.1-sec.44 Matters to be included in annual reports\n\nThe annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of:\nany changes to the Help to Buy Program Directions during the period; and\nthe impact of the changes on the operations of Housing Australia.\nSection 46 of the Public Governance, Performance and Accountability Act 2013 requires the Board to prepare annual reports.\nSee also section 56 of the Housing Australia Act 2018 and sub section 25 (3) of this Act.\n- (a) any changes to the Help to Buy Program Directions during the period; and\n- (b) the impact of the changes on the operations of Housing Australia.","sortOrder":72},{"sectionNumber":"sch.1-sec.45","sectionType":"section","heading":"Review of operation of Help to Buy program","content":"### sch.1-sec.45 Review of operation of Help to Buy program\n\nThe Minister must cause a review of the operation of the Help to Buy program to be undertaken as soon as possible after the end of 3 years after the commencement of this Part.\nThe persons undertaking the review must give the Minister a written report of the review. The report must not include:\npersonal information (within the meaning of the Privacy Act 1988 ); or\ninformation that is commercially sensitive.\nThe Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n(sch.1-sec.45-ssec.1) The Minister must cause a review of the operation of the Help to Buy program to be undertaken as soon as possible after the end of 3 years after the commencement of this Part.\n(sch.1-sec.45-ssec.2) The persons undertaking the review must give the Minister a written report of the review. The report must not include: personal information (within the meaning of the Privacy Act 1988 ); or information that is commercially sensitive.\n(sch.1-sec.45-ssec.3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n- (a) personal information (within the meaning of the Privacy Act 1988 ); or\n- (b) information that is commercially sensitive.","sortOrder":73},{"sectionNumber":"sch.1-pt.5-div.4","sectionType":"division","heading":"Legislative instruments","content":"## Legislative instruments","sortOrder":74},{"sectionNumber":"sch.1-sec.46","sectionType":"section","heading":"Approval of States and Territories required for regulations and other legislative instruments","content":"### sch.1-sec.46 Approval of States and Territories required for regulations and other legislative instruments\n\nThe Governor-General must not make regulations under this Act (including regulations amending other regulations made under this Act), and the Minister must not make a legislative instrument under this Act (including a legislative instrument amending another legislative instrument made under this Act), unless the Minister is satisfied that:\neach State and Territory to which subsection (2) applies has been notified in writing of the proposal to make the regulations or legislative instrument; and\nthe following consultation period has ended:\nif the extended consultation period does not apply—the minimum consultation period;\nif the extended consultation period applies—the extended consultation period; and\nduring that consultation period none of those States and Territories objected, by written notice given to the Minister, to the making of the regulations or legislative instrument.\nThis subsection applies to:\neach State that, when the regulations or legislative instrument is made, is a participating State or a cooperating State; and\nthe Australian Capital Territory; and\nthe Northern Territory.\nConsultation periods\nThe minimum consultation period is the period that:\nstarted when a State or Territory was first notified of the proposal as mentioned in paragraph (1)(a); and\nended on the 20th business day after the last day on which a State or Territory was notified as mentioned in that paragraph.\nFor the purposes of paragraph (1)(b), the extended consultation period applies if:\nthe regulations or legislative instrument amends other regulations or another legislative instrument; and\nduring the period that:\nstarted at the start of the minimum consultation period; and\nended on the tenth business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a);\na State or Territory to which subsection (2) applies gave to the Minister written notice that the State or Territory required an additional 15 business days to consider the proposal.\nThe extended consultation period is the period that:\nstarted at the start of the minimum consultation period; and\nended on the 35th business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a).\nMaking objections\nFor the purposes of paragraph (1)(c), the Minister must disregard an objection by a State or Territory if:\nthe objection was not made by written notice given to the Minister; or\nwithout limiting paragraph (a) of this subsection—any law of the State or Territory relating to the making of such an objection was not complied with in relation to the objection.\nConsultation requirements under the Legislation Act 2003\nThis section does not limit section 17 of the Legislation Act 2003 .\n(sch.1-sec.46-ssec.1) The Governor-General must not make regulations under this Act (including regulations amending other regulations made under this Act), and the Minister must not make a legislative instrument under this Act (including a legislative instrument amending another legislative instrument made under this Act), unless the Minister is satisfied that: each State and Territory to which subsection (2) applies has been notified in writing of the proposal to make the regulations or legislative instrument; and the following consultation period has ended: if the extended consultation period does not apply—the minimum consultation period; if the extended consultation period applies—the extended consultation period; and during that consultation period none of those States and Territories objected, by written notice given to the Minister, to the making of the regulations or legislative instrument.\n(sch.1-sec.46-ssec.2) This subsection applies to: each State that, when the regulations or legislative instrument is made, is a participating State or a cooperating State; and the Australian Capital Territory; and the Northern Territory.\n(sch.1-sec.46-ssec) Consultation periods\n(sch.1-sec.46-ssec.3) The minimum consultation period is the period that: started when a State or Territory was first notified of the proposal as mentioned in paragraph (1)(a); and ended on the 20th business day after the last day on which a State or Territory was notified as mentioned in that paragraph.\n(sch.1-sec.46-ssec.4) For the purposes of paragraph (1)(b), the extended consultation period applies if: the regulations or legislative instrument amends other regulations or another legislative instrument; and during the period that: started at the start of the minimum consultation period; and ended on the tenth business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a); a State or Territory to which subsection (2) applies gave to the Minister written notice that the State or Territory required an additional 15 business days to consider the proposal.\n(sch.1-sec.46-ssec.5) The extended consultation period is the period that: started at the start of the minimum consultation period; and ended on the 35th business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a).\n(sch.1-sec.46-ssec-oc.2) Making objections\n(sch.1-sec.46-ssec.6) For the purposes of paragraph (1)(c), the Minister must disregard an objection by a State or Territory if: the objection was not made by written notice given to the Minister; or without limiting paragraph (a) of this subsection—any law of the State or Territory relating to the making of such an objection was not complied with in relation to the objection.\n(sch.1-sec.46-ssec-oc.3) Consultation requirements under the Legislation Act 2003\n(sch.1-sec.46-ssec.7) This section does not limit section 17 of the Legislation Act 2003 .\n- (a) each State and Territory to which subsection (2) applies has been notified in writing of the proposal to make the regulations or legislative instrument; and\n- (b) the following consultation period has ended: (i) if the extended consultation period does not apply—the minimum consultation period; (ii) if the extended consultation period applies—the extended consultation period; and\n- (i) if the extended consultation period does not apply—the minimum consultation period;\n- (ii) if the extended consultation period applies—the extended consultation period; and\n- (c) during that consultation period none of those States and Territories objected, by written notice given to the Minister, to the making of the regulations or legislative instrument.\n- (i) if the extended consultation period does not apply—the minimum consultation period;\n- (ii) if the extended consultation period applies—the extended consultation period; and\n- (a) each State that, when the regulations or legislative instrument is made, is a participating State or a cooperating State; and\n- (b) the Australian Capital Territory; and\n- (c) the Northern Territory.\n- (a) started when a State or Territory was first notified of the proposal as mentioned in paragraph (1)(a); and\n- (b) ended on the 20th business day after the last day on which a State or Territory was notified as mentioned in that paragraph.\n- (a) the regulations or legislative instrument amends other regulations or another legislative instrument; and\n- (b) during the period that: (i) started at the start of the minimum consultation period; and (ii) ended on the tenth business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a); a State or Territory to which subsection (2) applies gave to the Minister written notice that the State or Territory required an additional 15 business days to consider the proposal.\n- (i) started at the start of the minimum consultation period; and\n- (ii) ended on the tenth business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a);\n- (i) started at the start of the minimum consultation period; and\n- (ii) ended on the tenth business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a);\n- (a) started at the start of the minimum consultation period; and\n- (b) ended on the 35th business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a).\n- (a) the objection was not made by written notice given to the Minister; or\n- (b) without limiting paragraph (a) of this subsection—any law of the State or Territory relating to the making of such an objection was not complied with in relation to the objection.","sortOrder":75},{"sectionNumber":"sch.1-sec.47","sectionType":"section","heading":"Regulations","content":"### sch.1-sec.47 Regulations\n\nThe Governor-General may make regulations prescribing matters:\nrequired or permitted by this Act to be prescribed by the regulations; or\nnecessary or convenient to be prescribed for carrying out or giving effect to this Act.\nSection 10 of the Legislation Act 2003 declares regulations to be legislative instruments.\nSee also section 46 of this Act.\nDespite sub section 14 (2) of the Legislation Act 2003 , the regulations may apply, adopt or incorporate any matter contained in the Help to Buy Program Directions as in force or existing from time to time.\n(sch.1-sec.47-ssec.1) The Governor-General may make regulations prescribing matters: required or permitted by this Act to be prescribed by the regulations; or necessary or convenient to be prescribed for carrying out or giving effect to this Act. Section 10 of the Legislation Act 2003 declares regulations to be legislative instruments. See also section 46 of this Act.\n(sch.1-sec.47-ssec.2) Despite sub section 14 (2) of the Legislation Act 2003 , the regulations may apply, adopt or incorporate any matter contained in the Help to Buy Program Directions as in force or existing from time to time.\n- (a) required or permitted by this Act to be prescribed by the regulations; or\n- (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":76},{"sectionNumber":"sch.1-pt.6","sectionType":"part","heading":"Application and transitional provisions","content":"# Application and transitional provisions","sortOrder":77},{"sectionNumber":"sch.1-pt.6-div.1","sectionType":"division","heading":"Provisions relating to this Act as originally enacted","content":"## Provisions relating to this Act as originally enacted","sortOrder":78},{"sectionNumber":"sch.1-sec.48","sectionType":"section","heading":"Consultation may occur wholly or partly before commencement","content":"### sch.1-sec.48 Consultation may occur wholly or partly before commencement\n\nA reference in section 46 to a notice being given includes a reference to the notice being given before the commencement of this section.","sortOrder":79}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"No. The Act implements the scheduled Commonwealth Help to Buy text and the referral/adoption model described in the schedule: it provides routes for States to refer or adopt primary, residual and amendment matters and limits the Commonwealth’s reach after termination. The statutory provisions preserve State approvals and restrict express amendments and Ministerial instruments (see sch.1‑sec.31, sch.1‑sec.34, sch.1‑sec.35 and sec.3(1)(c)), so the operational scope aligns with the scheduled text rather than expanding it."},"complexity_factors":["Constitutional referral mechanics: multiple referral/adoption routes and time‑dependent 'relevant version' rules (sch.1‑sec.31, sch.1‑sec.35).","Three distinct State statuses (participating, cooperating, withdrawn) with different powers and prohibitions for Housing Australia (sch.1‑sec.35, 36, 37; Divs.1–3 Pt.2).","Amendment reference and express amendment limits governing how the Commonwealth Help to Buy Act may be altered (sec.2 definitions; sch.1‑sec.34; sec.3(1)(c)).","Interaction and displacement rules for State/Territory laws, exclusions and preservation of Commonwealth entitlements (sch.1‑sec.41, 41A, 42, 42B, 42C).","Ministerial direction regime and limits on operational interference (sch.1‑sec.24, 25, 26), including directions as legislative instruments with limited disallowance (Legislation Act references).","Regulatory and legislative‑instrument process constrained by required consultation with States/Territories and multi‑stage consultation periods for instruments (sch.1‑sec.46).","Finance and accountability: Commonwealth appropriation to Housing Australia, ring‑fencing of funds, and obligation to remit returns (sch.1‑sec.27, 28).","Operational obligations on Housing Australia (standards of efficiency, compliance with Directions, contracting powers) creating administrative discretion (sch.1‑sec.10–11, 15–16, 20–21).","Cross‑referencing and exclusions across Parts, Schedules and the Housing Australia Act 2018 increase interpretive complexity (multiple cross‑references throughout sch.1).","Delegated instrument limits (modification powers under sch.1‑sec.42D) and safeguards preventing instruments from creating offences, taxes, or directly amending the Act."],"plain_english_summary":"This law gives Housing Australia the Commonwealth role to enter and administer shared‑equity “Help to Buy” arrangements on behalf of the Commonwealth for residential property in participating States and in Territories, funds those contributions from the Consolidated Revenue, and requires Housing Australia to pay returns back to the Commonwealth. It lets States refer or adopt parts of the Commonwealth text (or terminate those references), sets limits on Ministerial directions and Ministerial instruments, preserves Housing Australia’s security interests, and creates consultation and reporting rules."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2522},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This appears to be the original enactment of the legislation. The scope remains tightly focused on enabling the Commonwealth to operate the Help to Buy shared equity scheme and managing the relationship between participating, cooperating, and withdrawn States. While the text contains extensive provisions regarding State withdrawal mechanisms and interaction with State laws, these are ancillary to the core purpose of establishing the housing assistance framework rather than scope creep."},"complexity_factors":["Constitutional referral mechanism requiring coordination between State and Commonwealth powers under Constitution s 51(xxxvii)","Three distinct categories of referred matters (primary, residual, and amendment) with different scopes and limitations","Three-tier State status taxonomy (participating, cooperating, withdrawn) each triggering different legislative powers and administrative functions","Approximately 25+ defined terms across the main Act and scheduled text, including technical concepts like \"express amendment\" and \"relevant version\"","Extensive cross-referencing between the referral Act and the scheduled Commonwealth text (Schedule 1)","Complex interaction provisions with State laws (sections 41, 41A, 42, 42C, 42D) dealing with concurrent operation, exclusion, and displacement of State legislation","Conditional logic for termination of references and the resulting State status changes (sections 5, 35, 36, 37)","Mandatory consultation requirements with States before making regulations (section 46)"],"plain_english_summary":"This is a **State law** (enacted by a State Parliament) that refers constitutional power to the **Commonwealth** to create a national home-buying assistance scheme called **\"Help to Buy\"**.\n\n### What the law does\nIt allows the Commonwealth Parliament to legislate for a **shared equity scheme** where Housing Australia (a federal government body) contributes money toward buying a home with a low-to-middle income individual. The Commonwealth gets its money back later, plus a share of any increase in the property's value.\n\n### How it works\nThe State refers three bundles of power to the Commonwealth under **section 51(xxxvii)** of the Constitution (the \"referral of powers\" provision):\n- **Primary matters**: Creating the main scheme rules\n- **Residual matters**: Administering the scheme after a State leaves\n- **Amendment matters**: Allowing the Commonwealth to update the law in the future\n\n### Who it affects\n- **Home buyers**: Can apply for government equity contributions to buy homes\n- **States**: Can choose their level of participation:\n  - **Participating State**: Full scheme operates (new buyers can enter)\n  - **Cooperating State**: No new entrants, but existing deals continue to be managed\n  - **Withdrawn State**: State has fully exited; only existing contracts are wound down\n- **Housing Australia**: The agency that runs the scheme, enters contracts, and manages investments\n\n### Why it matters\nWithout this referral, the Commonwealth might lack constitutional power to run housing assistance schemes in some States. This law lets the Commonwealth create a uniform national program while allowing States to withdraw later if they choose (via \"cooperating\" or \"withdrawn\" status). It includes complex safeguards to ensure State laws can still operate alongside the federal scheme where possible."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its stated purpose: enabling the Commonwealth's Help to Buy shared equity scheme to operate within the referring state by transferring the necessary constitutional power. The inclusion of the full draft Commonwealth Act as a schedule, while adding length and complexity, is a standard technique in referral-of-powers legislation and does not represent scope creep. The protections for states (approval rights, termination powers, limits on amendment references) are consistent with the cooperative federalism model the Act is designed to implement."},"complexity_factors":["Dual-layer legislative structure: a state Act that incorporates a full draft Commonwealth Act as a schedule, requiring readers to navigate two legislative instruments simultaneously","Constitutional law foundations: relies on and references s51(xxxvii) of the Constitution (the 'referral of powers' mechanism), which requires understanding of Australian federalism","Multiple defined state classifications (participating, cooperating, withdrawn) with distinct legal consequences and different Housing Australia powers applying to each","Three separate categories of 'referred matters' (primary text reference, residual text reference, amendment reference) each with different scope and termination consequences","Provisions interact with multiple other Acts: Housing Australia Act 2018, National Consumer Credit Protection Act 2009, Public Governance Performance and Accountability Act 2013, Lands Acquisition Act 1989, Legislation Act 2003","Complex termination and revocation mechanisms for state participation, including retrospective effect if a proclamation is revoked before its expiry day","The 'referred primary provisions' and 'referred residual provisions' are defined by exclusion (what they are NOT), making their scope difficult to identify without cross-referencing multiple sections","Non-disallowance of ministerial directions combined with consultation obligations creates an unusual accountability structure","Provisions about withdrawn states rely on different constitutional heads of power than provisions about participating/cooperating states, creating parallel legal foundations within the same Act"],"plain_english_summary":"This state Act authorises the Commonwealth to operate the federal Help to Buy shared‑equity home‑ownership scheme in the state by referring state powers so Housing Australia can take an ownership share in eligible homes. It enables low‑to‑middle income buyers to access smaller mortgages and lower deposits with federal co‑investment.\n\nParticipation is voluntary for states, existing arrangements remain protected if a state withdraws, and the scheme is funded from the Commonwealth budget."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/help-to-buy-commonwealth-powers-act-2024","history":"/api/acts/help-to-buy-commonwealth-powers-act-2024/history","analysis":"/api/acts/help-to-buy-commonwealth-powers-act-2024/analysis","conflicts":"/api/acts/help-to-buy-commonwealth-powers-act-2024/conflicts","importantCases":"/api/acts/help-to-buy-commonwealth-powers-act-2024/important-cases","documents":"/api/acts/help-to-buy-commonwealth-powers-act-2024/documents"}}