29Simplified outline of this Division

29 Simplified outline of this Division

Section 35 provides that a participating State is a State that:

(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

(b) adopts the primary and residual versions of this Act (see section 31) and refers the amendment matters to the Commonwealth.

Note: Division 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.

Section 36 provides that a participating State becomes a cooperating State if the State:

(a) terminates its reference of the primary matters, or its adoption of the primary version of this Act; but

(b) does not terminate its other references or its adoption of the residual version of this Act.

Note: Division 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.

Section 37 provides that a participating or cooperating State becomes a withdrawn State if the State terminates its reference of the residual matters, its adoption of the residual version of this Act or its reference of the amendment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.

Note: Division 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provides for Housing Australia to administer Help to Buy arrangements in relation to residential property located in a withdrawn State if the arrangements were entered into before the State ceased to be a participating State. Housing Australia cannot enter into new Help to Buy arrangements in relation to residential property located in a withdrawn State.

To the extent this Act relates to withdrawn States, it relies on the Commonwealth’s legislative powers other than the power under paragraph 51(xxxvii) of the Constitution (see section 38 of this Act).