{"id":"nsw:act-2025-031","name":"Help to Buy (Commonwealth Powers) Act 2025","slug":"help-to-buy-commonwealth-powers-act-2025","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"31 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28799,"registerId":"nsw-act-2025-031-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name and purpose of Act","content":"#### 1 Name and purpose of Act\n\n1 Name and purpose of Act\n\n> > (1) This Act is the [Help to Buy (Commonwealth Powers) Act 2025](/view/html/inforce/current/act-2025-031).\n> \n> > (2) The purposes of this Act are as follows—\n> > \n> > > (a) adopt specified provisions of the [Help to Buy Act 2024](http://www.legislation.gov.au/) of the Commonwealth for the purposes of the Commonwealth Constitution, section 51(xxxvii),\n> > \n> > > (b) refer legislative power of the State in the form of an amendment reference to the Parliament of the Commonwealth to make amendments to the [Help to Buy Act 2024](http://www.legislation.gov.au/) of the Commonwealth for the purposes of the Commonwealth Constitution, section 51(xxxvii), and\n> > \n> > > (c) consequentially amend the following—\n> > > \n> > > > (i) the [Duties Act 1997](/view/html/inforce/current/act-1997-123),\n> > > \n> > > > (ii) the [Duties Regulation 2022](/view/html/inforce/current/sl-2022-0489),\n> > > \n> > > > (iii) the [First Home Owner Grant and Shared Equity Act 2000](/view/html/inforce/current/act-2000-021),\n> > > \n> > > > (iv) the [Land Tax Management Act 1956](/view/html/inforce/current/act-1956-026),\n> > > \n> > > > (v) the [Property Tax (First Home Buyer Choice) Act 2022](/view/html/inforce/current/act-2022-060).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > adoption means the adoption under section 4(1)(a) or (b).\n> > \n> > amendment matters means—\n> > \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—\n> > > \n> > > > (i) relates to residential property located in a State, and\n> > > \n> > > > (ii) is entered into while the State is a participating State, and\n> > \n> > > (b) without limiting paragraph (a), matters relating to the following—\n> > > \n> > > > (i) entering into Help to Buy arrangements that satisfy the conditions mentioned in paragraph (a)(i) and (ii),\n> > > \n> > > > (ii) administering Help to Buy arrangements of that kind,\n> > > \n> > > > (iii) monitoring compliance with Help to Buy arrangements of that kind, and\n> > > \n> > > > (iv) doing anything incidental or conducive to anything mentioned in subparagraph (i), (ii) or (iii).\n> > \n> > amendment reference means the reference of matters under section 6(1).\n> > \n> > Commonwealth Help to Buy Act means the [Help to Buy Act 2024](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > express amendment of the Commonwealth Help to Buy Act—\n> > \n> > > (a) means the direct amendment of the text of that Act, whether by insertion, omission, repeal, substitution or relocation of words or matter, by another Commonwealth Act or by an instrument under a Commonwealth Act, but\n> > \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> > \n> > Help to Buy arrangement has the same meaning as in the Commonwealth Help to Buy Act.\n> > \n> > Help to Buy program has the same meaning as in the Commonwealth Help to Buy Act.\n> > \n> > Housing Australia has the same meaning as in the [Housing Australia Act 2018](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > primary version means the relevant version of the Commonwealth Help to Buy Act as originally enacted and as amended from time to time before the commencement of section 4, other than—\n> > \n> > > (a) that Act, Part 2, Divisions 2 and 3, and\n> > \n> > > (b) that Act, sections 24(1)(a)(ii), 25(3)(b) and (c) and 38.\n> > \n> > residential property has the same meaning as in the Commonwealth Help to Buy Act.\n> > \n> > residual version means the relevant version of the Commonwealth Help to Buy Act as originally enacted and as amended from time to time before the commencement of section 4, other than—\n> > \n> > > (a) that Act, Part 2, Divisions 1 and 3, and\n> > \n> > > (b) that Act, sections 24(1)(a)(i), 25(3)(a) and (c) and 38.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Unless the contrary intention appears, words defined in the Commonwealth Help to Buy Act and otherwise used in this Act have the same meaning in this Act as in the Commonwealth Help to Buy Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Adoption of versions of Commonwealth Help to Buy Act","content":"# Part 2 Adoption of versions of Commonwealth Help to Buy Act\n\nPart 2 Adoption of versions of Commonwealth Help to Buy Act","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Adoption","content":"#### 4 Adoption\n\n4 Adoption\n\n> > (1) The following versions of the Commonwealth Help to Buy Act are adopted within the meaning of the Commonwealth Constitution, section 51(xxxvii)—\n> > \n> > > (a) the primary version,\n> > \n> > > (b) the residual version.\n> \n> > (2) The operation of each paragraph of subsection (1) is not affected by the other paragraph.\n> \n> > (3) The adoption has effect for a period—\n> > \n> > > (a) beginning when subsection (1) comes into operation, and\n> > \n> > > (b) ending at the end of the day fixed under section 7(1)(a) or (b).","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Commonwealth laws not otherwise affected","content":"#### 5 Commonwealth laws not otherwise affected\n\n5 Commonwealth laws not otherwise affected\n\n> To avoid doubt, 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 section 4—\n> \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 under the amendment reference, and\n> \n> > (b) by a provision of an instrument made under the Commonwealth Help to Buy Act or under a provision referred to in paragraph (a).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Amendment reference","content":"#### 6 Amendment reference\n\n6 Amendment reference\n\n> > (1) The amendment matters are referred to the Parliament of the Commonwealth, but only to the extent of making laws about those matters by making express amendments of the Commonwealth Help to Buy Act.\n> \n> > (2) The reference in subsection (1) to making laws does not include making a law that would have the effect of—\n> > \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> > \n> > > (b) substantively removing or overriding—\n> > > \n> > > > (i) a provision of the Commonwealth Help to Buy Act that requires approval of the State before certain things are done, or\n> > > \n> > > > (ii) the Commonwealth Help to Buy Act, section 41, 41A or 42.\n> \n> > (3) The reference of a matter under subsection (1) has effect only—\n> > \n> > > (a) if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth, otherwise than by a reference for the purposes of the Commonwealth Constitution, section 51(xxxvii), and\n> > \n> > > (b) if and to the extent that the matter is included in the legislative power of the Parliament of the State.\n> \n> > (4) The amendment reference has effect for a period—\n> > \n> > > (a) beginning when subsection (1) comes into operation, and\n> > \n> > > (b) ending at the end of the day fixed under section 7(1)(c).","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Termination of adoption and amendment reference","content":"#### 7 Termination of adoption and amendment reference\n\n7 Termination of adoption and amendment reference\n\n> > (1) The Governor, at any time, by proclamation published in the Gazette, may fix a day on which—\n> > \n> > > (a) the adoption of any or all of the primary version is to terminate, or\n> > \n> > > (b) the adoption of any or all of the residual version is to terminate, or\n> > \n> > > (c) the amendment reference is to terminate.\n> \n> > (2) The Governor, by proclamation published in the Gazette, may revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken, for the purposes of section 4 or 6, never to have been made and published.\n> \n> > (3) A revoking proclamation made under subsection (2) has effect only if made and published before the day fixed under subsection (1).\n> \n> > (4) The revocation of a proclamation referred to in subsection (1) does not prevent the making and publication of a further proclamation under that subsection.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Effect of termination of amendment reference before termination of adoption of primary version or residual version","content":"#### 8 Effect of termination of amendment reference before termination of adoption of primary version or residual version\n\n8 Effect of termination of amendment reference before termination of adoption of primary version or residual version\n\n> > (1) If the amendment reference terminates before the adoption of the primary version is terminated, the termination of the amendment reference does not affect—\n> > \n> > > (a) laws that were made under that reference before that termination, whether or not they have come into operation before that termination, or\n> > \n> > > (b) the continued operation in the State of the Commonwealth Help to Buy Act as in operation immediately before that termination or as subsequently amended or affected by—\n> > > \n> > > > (i) laws referred to in paragraph (a) that come into operation after that termination, or\n> > > \n> > > > (ii) provisions referred to in section 5.\n> \n> > (2) Accordingly, if the amendment reference terminates, it continues to have effect for the purposes of subsection (1) unless the adoption of the primary version is terminated.\n> \n> > (3) If the amendment reference terminates before the adoption of the residual version is terminated, the termination of the amendment reference does not affect—\n> > \n> > > (a) laws that were made under that reference before that termination, whether or not they have come into operation before that termination, or\n> > \n> > > (b) the continued operation in the State of the Commonwealth Help to Buy Act as in operation immediately before that termination or as subsequently amended or affected by—\n> > > \n> > > > (i) laws referred to in paragraph (a) that come into operation after that termination, or\n> > > \n> > > > (ii) provisions referred to in section 5.\n> \n> > (4) Accordingly, if the amendment reference terminates, it continues to have effect for the purposes of subsection (3) unless the adoption of the residual version is terminated.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Declaring certain matters to be excluded matters","content":"#### 9 Declaring certain matters to be excluded matters\n\n9 Declaring certain matters to be excluded matters\n\n> > (1) The following matters are declared to be excluded matters for the purposes of the Commonwealth Help to Buy Act, section 41A in relation to the Help to Buy program—\n> > \n> > > (a) approved shared equity schemes under the [Duties Act 1997](/view/html/inforce/current/act-1997-123),\n> > \n> > > (b) the First Home Buyers Assistance Scheme under the [Duties Act 1997](/view/html/inforce/current/act-1997-123), Chapter 2, Part 8, Division 1,\n> > \n> > > (c) first home owner grants and shared equity schemes under the [First Home Owner Grant and Shared Equity Act 2000](/view/html/inforce/current/act-2000-021),\n> > \n> > > (d) the administration and governance, including by the exercise of compliance functions, of the grants and schemes referred to in paragraphs (a)–(c),\n> > \n> > > (e) another matter prescribed by the regulations.\n> \n> > (2) The declaration of a matter to be an excluded matter under subsection (1) for the purposes of the Commonwealth Help to Buy Act, section 41A applies only to the extent to which the excluded matter would, but for this section, be inconsistent with the Commonwealth Help to Buy Act in relation to the Help to Buy program.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"State’s objection to matters","content":"#### 10 State’s objection to matters\n\n10 State’s objection to matters\n\n> > (1) For the purposes of the Commonwealth Help to Buy Act, section 46(1), the Minister on behalf of the State, by notice given to the Commonwealth Minister during either the minimum consultation period or the extended consultation period, may object to a matter for the purposes of the Commonwealth Help to Buy Act.\n> \n> > (2) After giving notice to the Commonwealth Minister under subsection (1), the Minister must ensure the notice is published in the Gazette as soon as practicable.\n> \n> > (3) A notice under subsection (1) is to be taken as constituting the State’s objection to a matter for the purposes of the Commonwealth Help to Buy Act.\n> \n> > (4) The Minister on behalf of the State, by notice given to the Commonwealth Minister, may withdraw an objection to a matter under subsection (1).\n> \n> > (5) After giving notice to the Commonwealth Minister under subsection (4), the Minister must ensure the notice is published in the Gazette as soon as practicable.\n> \n> > (6) A notice under subsection (4) is to be taken as constituting the State’s withdrawal of an objection to a matter for the purposes of the Commonwealth Help to Buy Act.\n> \n> > (7) For the purposes of the Commonwealth Help to Buy Act, section 46(4), the Minister on behalf of the State, by notice given to the Commonwealth Minister during the minimum consultation period, may require an additional 15 business days to consider a matter for the purposes of the Commonwealth Help to Buy Act.\n> \n> > (8) After giving notice to the Commonwealth Minister under subsection (7)—\n> > \n> > > (a) the Minister must ensure the notice is published in the Gazette as soon as practicable, and\n> > \n> > > (b) the extended consultation period applies for the purposes of giving notice to the Commonwealth Minister under subsection (1).\n> \n> > (9) The validity of a notice given to the Commonwealth Minister under subsection (1), (4) or (7) is not affected by a failure to publish the notice in the Gazette.\n> \n> > (10) In this section—\n> > \n> > Commonwealth Minister means the Minister referred to in the Commonwealth Help to Buy Act, section 46.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Regulations","content":"#### 11 Regulations\n\n11 Regulations\n\n> > (1) The Governor may make regulations about a matter that is—\n> > \n> > > (a) required or permitted by this Act to be prescribed, or\n> > \n> > > (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may contain provisions of a savings or transitional nature consequent on the commencement of—\n> > \n> > > (a) a provision of this Act, or\n> > \n> > > (b) a provision amending this Act.\n> \n> > (3) A savings or transitional provision consequent on the commencement of a provision must not be made more than 2 years after the commencement.\n> \n> > (4) A savings or transitional provision made consequent on the commencement of a provision is repealed 2 years after the commencement.\n> \n> > (5) A savings or transitional provision made consequent on the commencement of a provision may take effect before the commencement but not before—\n> > \n> > > (a) for a provision of this Act—the date of assent to this Act, or\n> > \n> > > (b) for a provision amending this Act—the date of assent to the amending Act.\n> \n> > (6) A savings or transitional provision taking effect before its publication on the NSW legislation website does not—\n> > \n> > > (a) affect the rights of a person existing before the publication in a way prejudicial to the person, or\n> > \n> > > (b) impose liabilities on a person for anything done or omitted to be done before the publication.\n> \n> > (7) In this section—\n> > \n> > person does not include the State or an authority of the State.","sortOrder":13},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 1987 No 15, sec 30C.","sortOrder":14}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act changes the State's legislative reach by adopting specified versions of the Commonwealth Help to Buy Act into State law (s4) and by referring \"amendment matters\" to the Commonwealth Parliament for the express purpose of making textual amendments to that Commonwealth Act (s6(1)). The referral is time‑limited (s6(4)), subject to termination or revocation by proclamation (s7), and contains express limitations preserving certain State approvals and excluding particular matters (s6(2), s9)."},"complexity_factors":["Constitutional referral mechanism: the Act refers State legislative power under s51(xxxvii) to the Commonwealth for the limited purpose of making express amendments to the Commonwealth Help to Buy Act, creating shared jurisdiction and dependency (see s1(2)(a), s6(1)).","Dual-version adoption: the Act adopts two distinct \"versions\" (primary and residual) of the Commonwealth Help to Buy Act, each omitting different Parts/sections, which increases interpretive complexity about which provisions operate in the State (definitions and s4(1)).","Temporal and revocation mechanics: commencement by proclamation, and Governor-made proclamations may terminate adoption or the amendment reference separately (s2, s4(3), s6(4), s7). Section 8 preserves certain effects if references end before adoptions do, adding sequencing complexity.","Defined limit on amendments: the referral permits only express amendments of the Commonwealth Act (textual insertions/omissions/replacements), and expressly excludes giving Housing Australia specified powers or removing State approval requirements (definitions of \"express amendment\" and s6(2)).","Interactions with other laws and instruments: the Act expressly allows Commonwealth laws based on other heads of power and instruments under the Commonwealth Act to operate (s5), and makes consequential changes to multiple State Acts (s1(2)(c)), so cross‑statute interaction is significant.","State consultation and objection process: the Minister may object, withdraw objections, and seek extended consultation periods with required Gazette publication; the procedures affect timing and dispute routes with the Commonwealth (s10).","Regulatory and transitional framing: broad regulation‑making power with specific savings/transitional limits (2‑year maximum duration and repeal rules) and pre-publication constraints protecting existing rights (s11(1)–(6)).","Excluded matters carve-outs: the Act declares certain State schemes and administrative/governance functions as excluded matters for the Commonwealth Help to Buy Act only to the extent they would be inconsistent, creating a conditional preservation of State programs (s9)."],"plain_english_summary":"This Act mechanically adopts specified versions of the Commonwealth Help to Buy Act into State law and refers to the Commonwealth Parliament a limited power to make express textual amendments about Help to Buy financial assistance, administration and compliance. It also makes consequential changes to State duties, grants and land tax laws. It matters because it shifts who can formally change the Help to Buy rules, sets consultation and termination mechanics, and creates interactions between State schemes and Commonwealth law."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling the Commonwealth Help to Buy scheme to operate in the State through constitutional referral, while protecting existing State housing programs. The consequential amendments to other Acts are directly related to this core purpose."},"complexity_factors":["Dual version adoption mechanism (primary vs residual versions) with overlapping but distinct exclusions of Commonwealth Act provisions","Nested conditional logic in termination provisions (section 8) where the effect of terminating the amendment reference depends on whether adoption of each version has also terminated","14 defined terms including circular definitions and external references to Commonwealth legislation","Complex constitutional mechanism (section 51(xxxvii) referral) requiring understanding of federal-State power sharing","Multiple cross-references to external Commonwealth and State legislation (7+ Acts referenced)","Conditional limitations on the amendment reference in section 6(2) with double negatives ('does not include making a law that would have the effect of...')","Savings and transitional provisions in regulation-making power with temporal limitations (2-year sunset clauses)"],"plain_english_summary":"This is a **State referral Act** that lets the Commonwealth government run a shared equity housing scheme called \"Help to Buy\" in this State.\n\n**What it does:**\n- **Adopts** two versions of the Commonwealth's Help to Buy Act 2024 into State law, making them apply as if they were State laws (using a constitutional power called \"section 51(xxxvii)\" — which lets States refer powers to the Commonwealth).\n- **Refers power** to the Commonwealth Parliament to make future changes (\"amendments\") to the Help to Buy Act, but only about specific things like helping people buy homes in this State.\n- **Protects State interests** by:\n  - Letting the State object to certain Commonwealth decisions\n  - Excluding existing State housing schemes (like first home owner grants and stamp duty concessions) from being overridden\n  - Preventing the Commonwealth from forcing Housing Australia to make deals in this State after the State stops participating\n- **Makes consequential changes** to five other State laws (covering stamp duties, land tax, and first home buyer schemes) so they work properly alongside the Commonwealth scheme.\n\n**Who it affects:**\n- **First home buyers** who might use the Commonwealth's shared equity scheme to buy a home with less deposit\n- **State government** — it can opt out of the scheme by proclamation, and must be consulted on certain decisions\n- **Other State housing programs** — they keep running separately and aren't replaced\n\n**Why it matters:**\nWithout this State law, the Commonwealth couldn't legally run the Help to Buy program in this State. The Act creates a partnership where the Commonwealth provides financial help for home purchases, but the State keeps control over its own housing assistance programs and can withdraw from the arrangement if it chooses."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to remain focused on its original purpose of referring constitutional powers to the Commonwealth to enable the Help to Buy scheme to operate in NSW. The December 2025 amendment does not appear to represent a scope change — such amendments to referral Acts are typically technical updates to align with changes in the corresponding Commonwealth legislation rather than expansions or contractions of purpose."},"complexity_factors":["The Act itself is procedurally simple — its primary function is a referral of constitutional power, not the creation of detailed rules","Understanding the Act's purpose requires knowledge of Australia's federal system and how referral of powers under section 51(xxxvii) of the Constitution works","The actual complexity sits in the underlying federal Help to Buy legislation, not this state enabling Act","Limited substantive content is visible in the provided text — the Act's operative provisions are not reproduced, making full analysis difficult","Interaction between state and Commonwealth law adds a layer of conceptual complexity for lay readers"],"plain_english_summary":"This NSW Act refers state housing and related powers to the Commonwealth so the federal Help to Buy shared‑equity home‑purchase scheme can lawfully operate in NSW. It doesn’t create the scheme itself but clears the constitutional path, affecting eligible NSW homebuyers, participating owners and the lenders/conveyancers who deal with these arrangements. The Act sits with the Treasurer’s portfolio and has been amended once since commencement (Dec 2025)."}},"importantCases":[],"_links":{"self":"/api/acts/help-to-buy-commonwealth-powers-act-2025","history":"/api/acts/help-to-buy-commonwealth-powers-act-2025/history","analysis":"/api/acts/help-to-buy-commonwealth-powers-act-2025/analysis","conflicts":"/api/acts/help-to-buy-commonwealth-powers-act-2025/conflicts","importantCases":"/api/acts/help-to-buy-commonwealth-powers-act-2025/important-cases","documents":"/api/acts/help-to-buy-commonwealth-powers-act-2025/documents"}}