{"id":"tas:act-1993-104","name":"Homes (Sale of Mortgages) Act 1993","slug":"homes-sale-of-mortgages-act-1993","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"104 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106300,"registerId":"tas-act-1993-104-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Homes (Sale of Mortgages) Act 1993](/view/html/inforce/2026-04-12/act-1993-104) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  [Parts 1](#HP1@EN) , [2](#HP2@EN) and [3](#HP3@EN) and [sections 33](#GS33@EN) , [36](#GS36@EN) and [37](#GS37@EN) commence on the day on which this Act receives the Royal Assent.\n> \n> > (2)  The remaining provisions of this Act commence on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***Authority*** means the Tasmanian Development Authority;\n> \n> > ***instrument*** includes –\n> > \n> > > > (a) an instrument (other than this Act) which creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law); and\n> > > \n> > > > (b) a judgment, order and process of a court;\n> \n> > ***legal proceedings*** includes an arbitration;\n> \n> > ***liabilities*** includes all liabilities, duties and obligations, whether actual, contingent or prospective;\n> \n> > ***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property and includes money, documents, securities, choses in action and other rights;\n> \n> > ***purchaser*** means any person, other than the Minister, who is a party to a sale under [section 6](#GS6@EN) and who, by virtue of that sale is the transferee or assignee of, or takes a beneficial interest in, any property and includes the successor or assignee of any such person;\n> \n> > ***rights*** includes all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n> \n> > ***sale*** includes a transfer, assignment and any other disposition of property, whether for consideration or not;\n> \n> > ***security*** means a mortgage or charge, whether legal or equitable, or a debenture, bill of exchange, promissory note, guarantee, lien or pledge or any other property or transaction representing security for the payment of money or for the discharge of an actual or contingent liability;\n> \n> > ***TDA home mortgage*** means a mortgage vested in the Authority to secure a loan for housing but does not include any such mortgage that under any regulations made and in force under this Act is excluded from the operation of this Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"### 4 Objects of Act\n\n> The objects of this Act are to provide for the sale of all or some of the TDA home mortgages without affecting the rights of mortgagors.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind Crown","content":"### 5 Act to bind Crown\n\n> This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Sale of TDA Home Mortgages","content":"# Part 2 Sale of TDA Home Mortgages","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Power of Minister to sell TDA home mortgages","content":"### 6 Power of Minister to sell TDA home mortgages\n\n> > (1)  The Minister may, with the approval of the Treasurer and without such notice or consent as may be required by any other law, sell any TDA home mortgage to any person on such terms and conditions as the Minister thinks fit.\n> \n> > (2)  On a sale under [subsection (1)](#GS6@Gs1@EN) the purchaser succeeds to the rights and liabilities of the Authority under the mortgage.\n> \n> > (3)  On a sale under [subsection (1)](#GS6@Gs1@EN) , the Minister must cause to be laid before each House of Parliament a report in accordance with [subsection (4)](#GS6@Gs4@EN) .\n> \n> > (4)  The report is to be laid before the House within 15 sitting days of the House after the expiration of 60 days after the sale takes effect and is to include –\n> > \n> > > > (a) a statement of the date on which the sale was completed; and\n> > > \n> > > > (b) a description of the mortgages which are the subject of the sale; and\n> > > \n> > > > (c) full particulars of the consideration for the sale and of any other money payable in respect of the sale; and\n> > > \n> > > > (d) a summary of the effect of any guarantees or indemnities provided in connection with the sale; and\n> > > \n> > > > (e) a statement of the manner of application of the proceeds of the sale; and\n> > > \n> > > > (f) a statement of any other terms or conditions of the sale which in the opinion of the Minister are material.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Proceeds of sale","content":"### 7 Proceeds of sale\n\n> > (1)  [*\\[Section 7 Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja48@GC1@EN) The proceeds of a sale under this Part are to be paid into an account established in the Public Account and, after discharge of the liabilities of the State in respect of those proceeds, are to be applied in retirement of State debt.\n> \n> > (2)  There may be deducted from the proceeds of sale before payment as required by [subsection (1)](#GS7@Gs1@EN) such amount as the Treasurer approves to meet the expenses reasonably incurred in connection with the sale.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Construction of instruments","content":"### 8 Construction of instruments\n\n> > (1)  Where –\n> > \n> > > > (a) a TDA home mortgage is sold under [section 6](#GS6@EN) ; and\n> > > \n> > > > (b) in an instrument that was in force immediately before the date on which the sale takes effect there is a reference to the Authority relating to that mortgage –\n> > \n> > that instrument has effect on and from that date, except in so far as the context or subject-matter otherwise indicates or requires, as if the reference were, or included as the case may require, a reference to the purchaser.\n> \n> > (2)  [*\\[Section 8 Subsection (2) amended by No. 26 of 2022, s. 21, Applied:01 Dec 2022\\]*](/view/html/inforce/2022-12-01/act-2022-026#GS21@EN) Where a TDA home mortgage that is sold under [section 6](#GS6@EN) confers any power by reference to a provision of the [Homes Tasmania Act 2022](/view/html/inforce/2026-04-12/act-2022-025) or the former *Homes Act 1935*, the powers exercisable under that provision are, for the purposes of that mortgage, taken to be conferred on the purchaser.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Supplementary provisions with respect to legal proceedings, documents, &c.","content":"### 9 Supplementary provisions with respect to legal proceedings, documents, &c.\n\n> Where a TDA home mortgage is sold under [section 6](#GS6@EN) –\n> \n> > > (a) legal proceedings instituted by or against the Authority relating to that mortgage before and pending on the date on which the sale takes effect may be continued by or, as the case may be, against the purchaser; and\n> > \n> > > (b) a judgment or order of a court obtained in those proceedings by or against the Authority relating to that mortgage may on and after that date be enforced by or, as the case may be, against the purchaser; and\n> > \n> > > (c) a document addressed to and purporting to be served on the Authority relating to that mortgage and to those proceedings is taken to be served on the purchaser.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Mortgages under the  Land Titles Act 1980  or the  Registration of Deeds Act 1935","content":"### 10 Mortgages under the  Land Titles Act 1980  or the  Registration of Deeds Act 1935\n\n> > (1)  On a sale of a TDA home mortgage under [section 6](#GS6@EN) , the Minister must provide the Recorder of Titles with a certificate specifying the purchaser and the land subject to the mortgage.\n> \n> > (2)  Where a mortgage in land under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) is, by virtue of a sale under [section 6](#GS6@EN) of this Act, vested in the purchaser, the purchaser is, notwithstanding any provision of that Act to the contrary, taken to be the registered proprietor of that mortgage and may deal with it accordingly.\n> \n> > (3)  The Recorder of Titles may register a dealing relating to a mortgage in land referred to in [subsection (2)](#GS10@Gs2@EN) , executed by the purchaser, if the dealing is in a registrable form, notwithstanding that the purchaser is not recorded as the registered proprietor of that mortgage in the Register kept under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) .\n> \n> > (4)  Where a mortgage in land to which the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) applies is, by virtue of a sale under [section 6](#GS6@EN) of this Act, vested in the purchaser, a dealing relating to that estate or interest may, if executed by the purchaser and if otherwise in a registrable form, be registered by the Recorder of Titles, notwithstanding that no dealing formally vesting that mortgage in the purchaser has been registered under that Act.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Exemption from tax for sale documents","content":"### 11 Exemption from tax for sale documents\n\n> > (1)  In this section –\n> > \n> > > ***State tax*** means application or registration fees, stamp duty or any other tax, duty, fee or charge imposed by any Act or law of Tasmania.\n> \n> > (2)  State tax is not payable in respect of any document prepared in connection with the sale of a TDA home mortgage.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous and Supplemental","content":"# Part 3 Miscellaneous and Supplemental","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Regulations","content":"### 12 Regulations\n\n> The Governor may make regulations for the purpose of this Act.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Administration of Act","content":"### 13 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) –\n> \n> > > (a) the administration of [Parts 1](#HP1@EN) and [2](#HP2@EN) and this Part of this Act is assigned to the Minister for State Development and Resources; and\n> > \n> > > (b) the Department responsible to the Minister for State Development and Resources in relation to the administration of those provisions is the Tasmanian Development Authority.","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Amendments of  Homes Act 1935","content":"# Part 4 Amendments of  Homes Act 1935","sortOrder":16},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Principal Act","content":"### 14 Principal Act\n\n> In this Part, the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) is referred to as the Principal Act.","sortOrder":18},{"sectionNumber":"Division 2","sectionType":"division","heading":"Amendments","content":"## Division 2 Amendments\n\n*\n\n**15.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**16.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**17.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**18.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**19.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**20.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**21.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**22.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**23.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**24.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**25.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**26.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**27.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**28.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**29.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**30.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**31.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**32.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**33.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**34.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .**\n\n**35.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) .*","sortOrder":19},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":20},{"sectionNumber":"16.","sectionType":"section","heading":null,"content":"### 16.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":21},{"sectionNumber":"17.","sectionType":"section","heading":null,"content":"### 17.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":22},{"sectionNumber":"18.","sectionType":"section","heading":null,"content":"### 18.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":23},{"sectionNumber":"19.","sectionType":"section","heading":null,"content":"### 19.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":24},{"sectionNumber":"20.","sectionType":"section","heading":null,"content":"### 20.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":25},{"sectionNumber":"21.","sectionType":"section","heading":null,"content":"### 21.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":26},{"sectionNumber":"22.","sectionType":"section","heading":null,"content":"### 22.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":27},{"sectionNumber":"23.","sectionType":"section","heading":null,"content":"### 23.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":28},{"sectionNumber":"24.","sectionType":"section","heading":null,"content":"### 24.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":29},{"sectionNumber":"25.","sectionType":"section","heading":null,"content":"### 25.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":30},{"sectionNumber":"26.","sectionType":"section","heading":null,"content":"### 26.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":31},{"sectionNumber":"27.","sectionType":"section","heading":null,"content":"### 27.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":32},{"sectionNumber":"28.","sectionType":"section","heading":null,"content":"### 28.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":33},{"sectionNumber":"29.","sectionType":"section","heading":null,"content":"### 29.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":34},{"sectionNumber":"30.","sectionType":"section","heading":null,"content":"### 30.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":35},{"sectionNumber":"31.","sectionType":"section","heading":null,"content":"### 31.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":36},{"sectionNumber":"32.","sectionType":"section","heading":null,"content":"### 32.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":37},{"sectionNumber":"33.","sectionType":"section","heading":null,"content":"### 33.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":38},{"sectionNumber":"34.","sectionType":"section","heading":null,"content":"### 34.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":39},{"sectionNumber":"35.","sectionType":"section","heading":null,"content":"### 35.\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":40},{"sectionNumber":"Division 3","sectionType":"division","heading":"Validation provisions","content":"## Division 3 Validation provisions","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Validation of mortgages","content":"### 36 Validation of mortgages\n\n> All mortgages made for the purposes of the [Principal Act](/view/html/inforce/2026-04-12/act-1935-098#) before the day on which this Act receives the Royal Assent are taken to have been made in accordance with the [Principal Act](/view/html/inforce/2026-04-12/act-1935-098#) and, if subsisting on that day, are taken to continue in effect according to their terms notwithstanding anything to the contrary in that Act.","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Validation – Director of Housing","content":"### 37 Validation – Director of Housing\n\n> During the period commencing on 1 October 1990 and ending on 25 April 1993, notwithstanding the absence of a formal appointment of the Director of Housing –\n> \n> > > (a) the person purporting to perform the functions or exercise the powers of the Director of Housing is taken to have been validly appointed as such; and\n> > \n> > > (b) the Director of Housing as a corporation sole is taken to have continued in existence; and\n> > \n> > > (c) any act or thing done or omitted to be done by –\n> > > \n> > > > > (i) the person purporting to perform the functions or exercise the powers of the Director of Housing; or\n> > > > \n> > > > > (ii) a person purporting to act as a delegate of the Director of Housing –\n> > > \n> > > is as valid as if it had been done or omitted to be done by a person duly appointed as Director of Housing.","sortOrder":43},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":"SCHEDULE 1","content":"# SCHEDULE 1 SCHEDULE 1\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":44},{"sectionNumber":"SCHEDULE 2","sectionType":"part","heading":"SCHEDULE 2","content":"# SCHEDULE 2 SCHEDULE 2\n\n[Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098)","sortOrder":45}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the title and available metadata, the Act appears to remain focused on its original narrow purpose of enabling the Tasmanian Government to sell or transfer mortgages it holds. No evidence of significant scope expansion is apparent from the information provided."},"complexity_factors":["Limited legislative text was provided — only metadata is visible, making full analysis impossible","The subject matter (sale/transfer of mortgage portfolios) involves financial and property law concepts that can be technical","Potential interactions with Commonwealth financial services regulation and property law","The Act is relatively old (1993) and may reference superseded institutional structures","Short, narrow-scope legislation — likely few operative provisions"],"plain_english_summary":"The Act authorises the Tasmanian Government or its housing authority to sell or transfer home loan mortgages it holds, so government-held housing loans can be on-sold to private lenders. It affects borrowers under government housing schemes, the housing authority, and potential purchaser institutions — important because your loan’s holder (and who you deal with) can change even if the loan’s terms remain."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The text confines the Act’s scope to permitting the Minister to sell TDA home mortgages, to prescribe the legal effects of those sales (transfer of rights/liabilities, registration, reporting, and application of proceeds), and to validate prior mortgages and certain Director of Housing acts. Nothing in the provided text indicates an expansion or narrowing beyond that stated purpose."},"complexity_factors":["Broad ministerial discretion to set sale terms and to sell without other statutory notices or consents (s6(1))","Automatic succession of rights and liabilities to purchasers on sale, affecting contractual and statutory relationships (s6(2))","Mandatory parliamentary reporting with specific timing and content requirements, imposing compliance obligations (s6(3)–(4))","Financial flow rules: proceeds to Public Account for retirement of State debt, with Treasurer authority to deduct sale expenses (s7)","Rules converting references to the Authority into references to purchasers in pre-existing instruments, altering counterparties (s8(1))","Cross‑reference to other housing legislation (Homes Tasmania Act 2022 / former Homes Act 1935) affecting exercised powers under sold mortgages (s8(2))","Special registration/registration‑exception provisions enabling the Recorder of Titles to register dealings despite absence of formal registration of vesting (s10)","State tax exemption for sale documents reducing transaction costs but altering usual revenue/administrative treatment (s11)","Validation provisions that operate retrospectively for mortgages and for persons acting as Director of Housing, which raise legal‑certainty and retrospective‑effect considerations (s36–37)"],"plain_english_summary":"This Act lets the Minister (with the Treasurer’s approval) sell Tasmanian Development Authority (TDA) home mortgages and transfer all rights and liabilities to the purchaser (s6). Sale proceeds are paid into the Public Account and applied to retire State debt, after deduction of Treasurer‑approved sale expenses (s7). The Act also adjusts title and document handling to recognise purchasers (s8–s11), requires a parliamentary report on each sale (s6(3)–(4)), and validates earlier mortgages and certain Director of Housing acts (s36–37)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the sale of TDA home mortgages. While it includes validation provisions for historical administrative irregularities (sections 36-37) and consequential amendments to the Homes Act 1935 (now spent), these are ancillary to the core function. The 2022 amendment updating the cross-reference from the repealed Homes Act 1935 to the Homes Tasmania Act 2022 represents maintenance rather than scope expansion. The Act has not grown beyond its original intent of enabling mortgage privatisation while protecting borrower rights."},"complexity_factors":["10 defined terms in section 3, several with nested definitions (e.g., 'instrument' has 2 sub-paragraphs, 'property' is broadly defined)","Cross-references to 4 other Acts: Land Titles Act 1980, Registration of Deeds Act 1935, Homes Act 1935 (now repealed/replaced), Homes Tasmania Act 2022, and Administrative Arrangements Act 1990","Conditional commencement provisions (some sections commence immediately, others by proclamation)","Part 4 contains 21 amendment sections (sections 15-35) that are essentially spent/empty — they refer to amendments already incorporated into the Homes Act 1935, creating visual clutter","Validation provisions in sections 36-37 with date-specific retrospective effect","Nested subsections in section 6 (4 levels deep in the reporting requirements)","Interaction between statutory transfer (section 6) and land registration systems requiring special rules (section 10) to overcome the fact that the purchaser isn't registered on title"],"plain_english_summary":"**What this law does:**\n\nThis Tasmanian law lets the State Government sell home loans (mortgages) that were originally made by the Tasmanian Development Authority (TDA) to private buyers — like banks or other lenders — without needing to ask the homeowners for permission first.\n\n**Who it affects:**\n\n- **Homeowners with TDA loans:** If you have a mortgage with the TDA, this law allows it to be sold to someone else. The law specifically protects your rights — your loan terms don't change, you just pay a different lender.\n- **The Tasmanian Government:** Gives the Minister power to sell these loans with the Treasurer's approval.\n- **Buyers of the mortgages:** Private entities that purchase these loans take over all the rights and responsibilities of the original lender.\n\n**Key features:**\n\n- The Minister can sell any or all TDA home mortgages to any person on whatever terms they think fit (with Treasurer approval).\n- When a mortgage is sold, the buyer steps into the shoes of the TDA — they get all the rights to collect repayments and enforce the loan, and take on any liabilities.\n- **Protections for homeowners:**\n  - The sale doesn't affect the rights of the person who borrowed the money (the mortgagor).\n  - All existing legal documents and court proceedings automatically transfer to the new owner.\n  - Land registration rules are bent to make the transfer work smoothly without extra paperwork for the homeowner.\n- **Tax break:** No stamp duty or other state taxes apply to documents prepared for these sales.\n- **Money from sales:** Proceeds go into a government account and are used to pay off State debt (after expenses).\n- **Reporting:** The Minister must table a detailed report in Parliament within specific timeframes after each sale.\n\n**Why it matters:**\n\nThis is essentially a privatisation tool. It lets the government get out of the home lending business by selling its loan book to private sector lenders, while ensuring homeowners aren't disrupted or disadvantaged by the change. It also validates some historical administrative hiccups (like an unappointed Director of Housing) to ensure past loans remain legally sound."}},"importantCases":[],"_links":{"self":"/api/acts/homes-sale-of-mortgages-act-1993","history":"/api/acts/homes-sale-of-mortgages-act-1993/history","analysis":"/api/acts/homes-sale-of-mortgages-act-1993/analysis","conflicts":"/api/acts/homes-sale-of-mortgages-act-1993/conflicts","importantCases":"/api/acts/homes-sale-of-mortgages-act-1993/important-cases","documents":"/api/acts/homes-sale-of-mortgages-act-1993/documents"}}