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.
Mechanically, this Act (together with the scheduled Commonwealth Help to Buy text) transfers to the Commonwealth, and gives to Housing Australia, the institutional power and funding architecture to enter into and administer shared-equity “Help to Buy” arrangements for purchasers of residential property in States and Territories. It does three discrete things in legal form:
creates a Commonwealth Help to Buy program defined to include the Act, regulations, Help to Buy Program Directions and other legislative instruments (sch.1-sec.5);
gives Housing Australia the function and powers to enter into shared-equity arrangements on behalf of the Commonwealth in relation to residential property in participating States and Territories (sch.1-sec.10 and sch.1-sec.11), and to administer existing arrangements where a State later ceases to participate (sch.1-sec.15, sch.1-sec.20);
establishes the funding and cash-flow rules: the Commonwealth appropriates monies from the Consolidated Revenue Fund to Housing Australia for contributions, Housing Australia must use those amounts only for making contributions under Help to Buy arrangements and must pay all returns and interest back to the Commonwealth (sch.1-sec.27, sch.1-sec.28).
The Act uses a sectioned referral/adoption architecture so that States can become “participating States” by referring or adopting particular classes of matters to the Commonwealth (sch.1-sec.35). States can later terminate those references or adoptions with staged legal effects: a State that terminates only the primary reference becomes a “cooperating State” (sch.1-sec.36); if it terminates the residual or amendment references it becomes a “withdrawn State” (sch.1-sec.37). The introductory Commonwealth referral of matters to the Commonwealth Parliament (sec.3) expressly limits the Commonwealth’s power to certain text in the scheduled Bill and to express amendments of the Commonwealth Help to Buy Act (sec.3(1)(a)-(c)), and preserves a role for States in approvals before key actions (sec.3(2)).
Current sections
Direct links to the current provisions in Help to Buy (Commonwealth Powers) Act 2024.
80
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Help to Buy (Commonwealth Powers) Act 2024 .
sec.2
Definitions
sec.2 Definitions
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 .
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.
(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 .
(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.
(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
(i) relates to residential property located in a State; and
(ii) is entered into while the State is a participating State; and
(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) .
(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) .
(i) relates to residential property located in a State; and
(ii) is entered into while the State is a participating State; and
(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) .
(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
(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.
(a) part 2 , divisions 2 and 3 ; and
(b) sections 24 (1) (a) (ii) , 25 (3) (b) and (c) , and 38.
(a) part 2 , divisions 1 and 3 ; and
(b) sections 24 (1) (a) (i) , 25 (3) (a) and (c) , and 38.
pt.2
Reference of matters to Commonwealth Parliament
Reference of matters to Commonwealth Parliament
sec.3
Reference of matters
sec.3 Reference of matters
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.
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 .
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.
The operation of each paragraph of subsection (1) is not affected by any of the other paragraphs.
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.
(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.
(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 .
(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.
(sec.3-ssec.4) The operation of each paragraph of subsection (1) is not affected by any of the other paragraphs.
(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.
(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;
(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;
(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.
(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
(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 .
(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 .
(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 .
(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
(b) the matter is included in the legislative powers of the Parliament of the State.
(a) takes effect when this section commences; and
(b) has effect only until the end of the expiry day for the reference fixed under section 5 , if any.
sec.4
Commonwealth laws not otherwise affected
sec.4 Commonwealth laws not otherwise affected
To 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—
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
by a provision of an instrument made under the Commonwealth Help to Buy Act or under a provision mentioned in paragraph (a) .
(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
(b) by a provision of an instrument made under the Commonwealth Help to Buy Act or under a provision mentioned in paragraph (a) .
sec.5
Termination of references
sec.5 Termination of references
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.
The Governor may, by proclamation, revoke a proclamation made under subsection (1) .
A revoking proclamation made under subsection (2) has effect only if it is notified before the expiry day fixed in the proclamation being revoked.
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.
The revocation of a proclamation made under subsection (1) does not prevent notification of a further proclamation under that subsection.
A proclamation under subsection (1) or (2) is subordinate legislation.
(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.
(sec.5-ssec.2) The Governor may, by proclamation, revoke a proclamation made under subsection (1) .
(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.
(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.
(sec.5-ssec.5) The revocation of a proclamation made under subsection (1) does not prevent notification of a further proclamation under that subsection.
(sec.5-ssec.6) A proclamation under subsection (1) or (2) is subordinate legislation.
(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.
(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.
(c) the amendment reference. Note— Under the Commonwealth Help to Buy Act, the State becomes a withdrawn State if this reference is terminated.
pt.3
Miscellaneous
Miscellaneous
sec.6
Regulation-making power
sec.6 Regulation-making power
The Governor in Council may make regulations under this Act.
sch.1-pt
Long title
Long title
sch.1-pt.1
Preliminary
Preliminary
sch.1-pt.1-div.1
Preliminary
Preliminary
sch.1-sec.1
Short title
sch.1-sec.1 Short title
This Act is the Help to Buy Act 2023 .
sch.1-sec.2
Commencement
sch.1-sec.2 Commencement
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
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.
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.
(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.
(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.
sch.1-sec.3
Object of this Act
sch.1-sec.3 Object of this Act
The 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.
sch.1-sec.4
Simplified outline of this Act
sch.1-sec.4 Simplified outline of this Act
This 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.
A State that has stopped being a participating State is either a cooperating State or a withdrawn State.
In performing its Help to Buy functions, Housing Australia must take all reasonable steps to comply with the directions given by the Minister.
Housing 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.
sch.1-pt.1-div.2
Definitions
Definitions
sch.1-sec.5
Definitions
sch.1-sec.5 Definitions
In this Act:
authority of the Commonwealth includes:
a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); and
a Commonwealth entity (within the meaning of that Act).
Board has the same meaning as in the Housing Australia Act 2018 .
business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
cooperating State has the meaning given by section 36 .
enter into a shared equity arrangement has a meaning affected by sub sections 7 (3) to (6) .
extended consultation period has the meaning given by sub section 46 (5) .
Help to Buy arrangement has the meaning given by section 6 .
Help to Buy program means:
this Act; and
the regulations; and
the Help to Buy Program Directions; and
any other legislative instrument made under this Act.
Help to Buy Program Directions has the meaning given by sub section 24 (2) .
minimum consultation period has the meaning given by sub section 46 (3) .
National Credit Code has the same meaning as in the National Consumer Credit Protection Act 2009 .
participating State has the meaning given by section 35 .
residential property :
subject to paragraph (b) , includes:
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
anything prescribed by the regulations for the purposes of this subparagraph; and
does not include anything prescribed by the regulations for the purposes of this paragraph.
shared equity arrangement has the meaning given by sub sections 7 (1) and (2) .
State or Territory home buyer scheme means a scheme, program or arrangement (whether temporary or otherwise) that:
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
provides financial or other types of assistance to individuals towards the purchase of residential property.
State 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.
withdrawn State has the meaning given by section 37 .
(a) a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); and
(b) a Commonwealth entity (within the meaning of that Act).
(a) this Act; and
(b) the regulations; and
(c) the Help to Buy Program Directions; and
(d) any other legislative instrument made under this Act.
(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
(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
(b) does not include anything prescribed by the regulations for the purposes of this paragraph.
(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
(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
(b) provides financial or other types of assistance to individuals towards the purchase of residential property.
sch.1-sec.6
Meaning of Help to Buy arrangement
sch.1-sec.6 Meaning of Help to Buy arrangement
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).
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 .
For the purposes of subsection (2) of this section, disregard paragraph 8(1)(ca) of the Housing Australia Act 2018 .
(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).
(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 .
(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 .
sch.1-sec.7
Meaning of shared equity arrangement
sch.1-sec.7 Meaning of shared equity arrangement
Meaning of shared equity arrangement
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.
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.
Variations
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).
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.
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.
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.
(sch.1-sec.7-ssec) Meaning of shared equity arrangement
(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.
(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.
(sch.1-sec.7-ssec-oc.2) Variations
(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).
(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.
(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.
(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.
(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
(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
(b) that is prescribed by the regulations for the purposes of this paragraph.
(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
(a) after the variation, the shared equity arrangement relates to particular residential property; and
(b) before the variation, the arrangement did not relate to that particular property.
(a) vary a shared equity arrangement by entering into an agreement that varies the arrangement; or
(b) agree to vary a shared equity arrangement.
sch.1-pt.1-div.3
Other matters
Other matters
sch.1-sec.8
Crown to be bound
sch.1-sec.8 Crown to be bound
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to be prosecuted for an offence.
(sch.1-sec.8-ssec.1) This Act binds the Crown in each of its capacities.
(sch.1-sec.8-ssec.2) This Act does not make the Crown liable to be prosecuted for an offence.
sch.1-pt.2
Help to Buy functions of Housing Australia
Help to Buy functions of Housing Australia
sch.1-pt.2-div.1
Participating States and Territories
Participating States and Territories
sch.1-sec.9
Purpose of this Division
sch.1-sec.9 Purpose of this Division
This Division sets out the functions and powers of Housing Australia under this Act in relation to:
participating States; and
Territories.
For participating State , see section 35 .
(a) participating States; and
(b) Territories.
sch.1-sec.10
Help to Buy functions of Housing Australia—participating States and Territories
sch.1-sec.10 Help to Buy functions of Housing Australia—participating States and Territories
Functions
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.
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.
Obligation to act properly, efficiently and effectively etc.
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.
(sch.1-sec.10-ssec) Functions
(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.
(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.
(sch.1-sec.10-ssec-oc.2) Obligation to act properly, efficiently and effectively etc.
(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.
(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 ;
(b) to determine terms and conditions for such arrangements on behalf of the Commonwealth;
(c) to administer such arrangements on behalf of the Commonwealth;
(d) to monitor compliance with such arrangements;
(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;
(f) any other functions, relating to a participating State or a Territory, prescribed by the regulations for the purposes of this paragraph;
(g) to do anything incidental or conducive to the performance of the above functions.
(a) providing information to Housing Australia; or
(b) terminating Help to Buy arrangements; or
(c) consequences of non-compliance with Help to Buy arrangements.
(a) act in a proper, efficient and effective manner; and
(b) take all reasonable steps to comply with the Help to Buy Program Directions.
sch.1-sec.11
Help to Buy powers of Housing Australia—participating States and Territories
sch.1-sec.11 Help to Buy powers of Housing Australia—participating States and Territories
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 .
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.
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.
(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 .
(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.
(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.
(a) the Commonwealth, a State or a Territory; or
(b) an authority of the Commonwealth or of a State or Territory; or
(c) any other organisation or body.
sch.1-sec.12
Limitations on Help to Buy powers of Housing Australia—participating States and Territories
sch.1-sec.12 Limitations on Help to Buy powers of Housing Australia—participating States and Territories
Housing 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.
sch.1-sec.13
Reporting—participating States and Territories
sch.1-sec.13 Reporting—participating States and Territories
Without limiting paragraph 10(3)(b), Housing Australia must take all reasonable steps to comply with any directions that:
are included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and
are directions about reporting on matters relating to the functions mentioned in section 10 .
(a) are included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and
(b) are directions about reporting on matters relating to the functions mentioned in section 10 .
sch.1-pt.2-div.2
Cooperating States
Cooperating States
sch.1-sec.14
Purpose of this Division
sch.1-sec.14 Purpose of this Division
This Division sets out the functions and powers of Housing Australia under this Act in relation to cooperating States.
For cooperating State , see section 36 .
sch.1-sec.15
Help to Buy functions of Housing Australia—cooperating States
sch.1-sec.15 Help to Buy functions of Housing Australia—cooperating States
Functions
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.
Obligation to act properly, efficiently and effectively etc.
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.
(sch.1-sec.15-ssec) Functions
(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.
(sch.1-sec.15-ssec-oc.2) Obligation to act properly, efficiently and effectively etc.
(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.
(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;
(i) relate to residential property located in a cooperating State; and
(ii) were entered into before the State stopped being a participating State;
(b) to monitor compliance with such arrangements;
(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;
(d) any other functions, relating to a cooperating State, prescribed by the regulations for the purposes of this paragraph;
(e) to do anything incidental or conducive to the performance of the above functions.
(i) relate to residential property located in a cooperating State; and
(ii) were entered into before the State stopped being a participating State;
(a) act in a proper, efficient and effective manner; and
(b) take all reasonable steps to comply with the Help to Buy Program Directions.
sch.1-sec.16
Help to Buy powers of Housing Australia—cooperating States
sch.1-sec.16 Help to Buy powers of Housing Australia—cooperating States
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 .
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.
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.
(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 .
(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.
(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.
(a) the Commonwealth, a State or a Territory; or
(b) an authority of the Commonwealth or of a State or Territory; or
(c) any other organisation or body.
sch.1-sec.17
Limitations on Help to Buy powers of Housing Australia—cooperating States
sch.1-sec.17 Limitations on Help to Buy powers of Housing Australia—cooperating States
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 cooperating State.
This section also prohibits Housing Australia from making certain variations to a Help to Buy arrangement: see sub sections 7 (4) and (5) .
sch.1-sec.18
Reporting—cooperating States
sch.1-sec.18 Reporting—cooperating States
Without limiting paragraph 15(2)(b), Housing Australia must take all reasonable steps to comply with any directions that:
are included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and
are directions about reporting on matters relating to the functions mentioned in section 15 .
(a) are included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and
(b) are directions about reporting on matters relating to the functions mentioned in section 15 .
sch.1-pt.2-div.3
Withdrawn States
Withdrawn States
sch.1-sec.19
Purpose of this Division
sch.1-sec.19 Purpose of this Division
This Division sets out the functions and powers of Housing Australia under this Act in relation to withdrawn States.
For withdrawn State , see section 37 .
sch.1-sec.20
Help to Buy functions of Housing Australia—withdrawn States
sch.1-sec.20 Help to Buy functions of Housing Australia—withdrawn States
Functions
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.
Obligation to act properly, efficiently and effectively
In performing a function mentioned in subsection (1) , Housing Australia must act in a proper, efficient and effective manner.
(sch.1-sec.20-ssec) Functions
(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.
(sch.1-sec.20-ssec-oc.2) Obligation to act properly, efficiently and effectively
(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.
(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;
(i) relate to residential property located in a withdrawn State; and
(ii) were entered into before the State stopped being a participating State;
(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.
(i) relate to residential property located in a withdrawn State; and
(ii) were entered into before the State stopped being a participating State;
sch.1-sec.21
Help to Buy powers of Housing Australia—withdrawn States
sch.1-sec.21 Help to Buy powers of Housing Australia—withdrawn States
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.
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).
(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.
(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).
(a) permits or requires Housing Australia to do (including do on behalf of the Commonwealth); or
(b) permits or requires the Commonwealth to do.
sch.1-sec.22
Limitations on Help to Buy powers of Housing Australia—withdrawn States
sch.1-sec.22 Limitations on Help to Buy powers of Housing Australia—withdrawn States
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) .
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.
(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) .
(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.
sch.1-sec.23
Reporting—withdrawn States
sch.1-sec.23 Reporting—withdrawn States
Housing Australia must take all reasonable steps to comply with any directions that:
are included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and
are directions about reporting on matters relating to the functions mentioned in section 20 .
(a) are included in the Help to Buy Program Directions as mentioned in sub section 25 (3) ; and
(b) are directions about reporting on matters relating to the functions mentioned in section 20 .
sch.1-pt.3
Help to Buy Program Directions
Help to Buy Program Directions
sch.1-sec.24
Help to Buy Program Directions
sch.1-sec.24 Help to Buy Program Directions
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.
Directions given under subsection (1) together constitute the Help to Buy Program Directions .
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.
The Minister must give at least one direction under paragraph (1)(a).
(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.
(sch.1-sec.24-ssec.2) Directions given under subsection (1) together constitute the Help to Buy Program Directions .
(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.
(sch.1-sec.24-ssec.4) The Minister must give at least one direction under paragraph (1)(a).
(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 ;
(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 ;
(b) directions of the kind mentioned in sub section 25 (3) (about reporting).
(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 ;
(a) the object of this Act; and
(b) any other matters the Minister considers relevant.
sch.1-sec.25
Matters covered by Help to Buy Program Directions
sch.1-sec.25 Matters covered by Help to Buy Program Directions
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.
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.
Reporting
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 .
(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.
(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.
(sch.1-sec.25-ssec) Reporting
(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 .
(a) strategies and policies to be followed for the effective performance of the functions;
(b) criteria for making decisions in the performance of the functions;
(c) limits on entering into Help to Buy arrangements;
(d) internal review of decisions made by Housing Australia in the performance of the functions;
(e) internal handling of complaints relating to the performance of the functions;
(f) any other matters the Minister thinks appropriate.
(a) the period, or periods, during which Housing Australia may enter into Help to Buy arrangements;
(b) the number of residential properties in relation to which Housing Australia may enter into Help to Buy arrangements;
(c) the kinds of residential properties in relation to which Housing Australia may enter into Help to Buy arrangements;
(d) the amount, or amounts, that Housing Australia may contribute under Help to Buy arrangements.
(a) Housing Australia’s functions under this Act in relation to participating States and Territories, mentioned in section 10 ; or
(b) Housing Australia’s functions under this Act in relation to cooperating States, mentioned in section 15 ; or
(c) Housing Australia’s functions under this Act in relation to withdrawn States, mentioned in section 20 .
sch.1-sec.26
Limits on Help to Buy Program Directions
sch.1-sec.26 Limits on Help to Buy Program Directions
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).
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.
(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).
(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.
(a) to enter into a particular Help to Buy arrangement; or
(b) to enter into a Help to Buy arrangement in relation to a particular residential property; or
(c) to enter into a Help to Buy arrangement with a particular individual or individuals; or
(d) to take, or not to take, particular action relating to a Help to Buy arrangement.
sch.1-pt.4
Finance
Finance
sch.1-sec.27
Provision of contributions by Commonwealth
sch.1-sec.27 Provision of contributions by Commonwealth
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.
Housing Australia must use amounts provided under subsection (1) only for the purpose mentioned in that subsection.
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) .
Appropriation
Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
(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.
(sch.1-sec.27-ssec.2) Housing Australia must use amounts provided under subsection (1) only for the purpose mentioned in that subsection.
(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) .
(sch.1-sec.27-ssec) Appropriation
(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.
sch.1-sec.28
Payment of returns to Commonwealth
sch.1-sec.28 Payment of returns to Commonwealth
Housing Australia must pay to the Commonwealth as soon as reasonably practicable:
all amounts Housing Australia receives on behalf of the Commonwealth under Help to Buy arrangements; and
any interest Housing Australia receives in performing its functions under this Act.
(a) all amounts Housing Australia receives on behalf of the Commonwealth under Help to Buy arrangements; and
(b) any interest Housing Australia receives in performing its functions under this Act.
sch.1-pt.5
Miscellaneous
Miscellaneous
sch.1-pt.5-div.1
Provisions relating to the constitutional basis of this Act etc.
Provisions relating to the constitutional basis of this Act etc.
sch.1-sec.29
Simplified outline of this Division
sch.1-sec.29 Simplified outline of this Division
Section 35 provides that a participating State is a State that:
refers the primary matters (see section 32 ), the residual matters (see section 33 ) and the amendment matters (see section 34 ) to the Commonwealth; or
adopts the primary and residual versions of this Act (see section 31 ) and refers the amendment matters to the Commonwealth.
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:
terminates its reference of the primary matters, or its adoption of the primary version of this Act; but
does not terminate its other references or its adoption of the residual version of this Act.
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.
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).
(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.
(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.
sch.1-sec.30
Definitions
sch.1-sec.30 Definitions
In this Division:
amendment matters has the meaning given by sub section 34 (1) .
express amendment has the meaning given by sub sections 34 (4) and (5) .
primary matters has the meaning given by sub section 32 (1) .
primary version of this Act has the meaning given by sub section 31 (2) .
referral law of a State means the law of the State that refers the amendment matters to the Commonwealth Parliament.
referred primary provisions has the meaning given by sub section 32 (3) .
referred residual provisions has the meaning given by sub section 33 (3) .
relevant version of this Act has the meaning given by sub section 31 (1) .
residual matters has the meaning given by sub section 33 (1) .
residual version of this Act has the meaning given by sub section 31 (3) .
sch.1-sec.31
Versions of this Act
sch.1-sec.31 Versions of this Act
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.
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).
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).
(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.
(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).
(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).
(a) if, at the time the State’s referral law was enacted, this Act had not been enacted—this Act as originally enacted; or
(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.
(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.
(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.
sch.1-sec.32
Meaning of primary matters
sch.1-sec.32 Meaning of primary matters
For the purposes of this Division, the primary matters are the matters covered by subsection (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.
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).
(sch.1-sec.32-ssec.1) For the purposes of this Division, the primary matters are the matters covered by subsection (2) .
(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.
(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).
(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
(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).
sch.1-sec.33
Meaning of residual matters
sch.1-sec.33 Meaning of residual matters
For the purposes of this Division, the residual matters are the matters covered by subsection (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.
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).
(sch.1-sec.33-ssec.1) For the purposes of this Division, the residual matters are the matters covered by subsection (2) .
(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.
(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).
(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
(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).
sch.1-sec.34
Meaning of amendment matters
sch.1-sec.34 Meaning of amendment matters
Meaning of amendment matters
For the purposes of this Division, the amendment matters are the matters covered by subsection (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) .
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 .
Meaning of express amendment
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).
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 .
(sch.1-sec.34-ssec) Meaning of amendment matters
(sch.1-sec.34-ssec.1) For the purposes of this Division, the amendment matters are the matters covered by subsection (2) .
(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) .
(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 .
(sch.1-sec.34-ssec-oc.2) Meaning of express amendment
(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).
(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 .
(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;
(i) relates to residential property located in a State; and
(ii) is entered into while the State is a participating State;
(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) .
(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) .
(i) relates to residential property located in a State; and
(ii) is entered into while the State is a participating State;
(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) .
(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
(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 .
(i) a provision of this Act that requires approval of the State before certain things are done; or
(ii) section 41 , 41A or 42 .
(i) a provision of this Act that requires approval of the State before certain things are done; or
(ii) section 41 , 41A or 42 .
sch.1-sec.35
Meaning of participating State
sch.1-sec.35 Meaning of participating State
When a State is a participating State
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.
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.
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.
When a State stops being a participating State
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.
(sch.1-sec.35-ssec) When a State is a participating State
(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.
(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.
(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.
(sch.1-sec.35-ssec-oc.2) When a State stops being a participating State
(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.
(a) refers the primary matters to the Commonwealth Parliament; and
(b) refers the residual matters to the Commonwealth Parliament; and
(c) refers the amendment matters to the Commonwealth Parliament.
(a) adopts the primary version of this Act; and
(b) adopts the residual version of this Act; and
(c) refers the amendment matters to the Commonwealth Parliament.
(a) a reference mentioned in subsection (1) or (2) is to terminate in particular circumstances; or
(b) an adoption mentioned in subsection (2) is to terminate in particular circumstances; or
(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.
(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.
(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.
(a) in a case where the State is a participating State under subsection (1) —a reference mentioned in that subsection terminates; or
(b) in a case where the State is a participating State under subsection (2) —an adoption, or the reference, mentioned in that subsection terminates.
sch.1-sec.36
Meaning of cooperating State
sch.1-sec.36 Meaning of cooperating State
When a State is a cooperating State
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.
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.
When a State stops being a cooperating State
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.
(sch.1-sec.36-ssec) When a State is a cooperating State
(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.
(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.
(sch.1-sec.36-ssec-oc.2) When a State stops being a cooperating State
(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.
(a) was a participating State under sub section 35 (1) ; and
(b) has stopped being a participating State because it terminated its reference of the primary matters; and
(c) has not terminated its reference of the residual matters; and
(d) has not terminated its reference of the amendment matters.
(a) was a participating State under sub section 35 (2) ; and
(b) has stopped being a participating State because it terminated its adoption of the primary version of this Act; and
(c) has not terminated its adoption of the residual version of this Act; and
(d) has not terminated its reference of the amendment matters.
(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
(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.
sch.1-sec.37
Meaning of withdrawn State
sch.1-sec.37 Meaning of withdrawn State
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.
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.
(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.
(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.
(a) has stopped being a participating State; and
(b) is not a cooperating State.
(a) the State became a cooperating State when it stopped being a participating State, but has since stopped being a cooperating State; or
(b) the State was never a cooperating State.
sch.1-sec.38
Constitutional basis of provisions relating to withdrawn States
sch.1-sec.38 Constitutional basis of provisions relating to withdrawn States
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.
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.
(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.
(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.
(a) the executive power of the Commonwealth (including matters incidental to the execution of the executive power of the Commonwealth); or
(b) matters incidental to the execution of any of the legislative powers of the Parliament.
(a) Division 3 of Part 2 ; and
(b) paragraph 25(3)(c); and
(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
(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.
sch.1-pt.5-div.2
Interaction with other laws
Interaction with other laws
sch.1-sec.39
Interaction with the Housing Australia Act 2018
sch.1-sec.39 Interaction with the Housing Australia Act 2018
This Act does not limit the Housing Australia Act 2018 .
sch.1-sec.40
Application of the Lands Acquisition Act 1989
sch.1-sec.40 Application of the Lands Acquisition Act 1989
The Lands Acquisition Act 1989 does not apply in relation to anything done under this Act.
sch.1-sec.41
Concurrent operation of State and Territory laws
sch.1-sec.41 Concurrent operation of State and Territory laws
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.
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.
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.
(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.
(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.
(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.
sch.1-sec.41A
When Help to Buy program does not apply—exclusion by law of State or Territory
sch.1-sec.41A When Help to Buy program does not apply—exclusion by law of State or Territory
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.
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 .
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).
(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.
(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 .
(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).
(a) the whole of the Help to Buy program; or
(b) a specified provision of the Help to Buy program; or
(c) the Help to Buy program, other than a specified provision; or
(d) the Help to Buy program, otherwise than to a specified extent.
sch.1-sec.42
Avoiding inconsistency with State and Territory laws
sch.1-sec.42 Avoiding inconsistency with State and Territory laws
This section has effect despite anything else in the Help to Buy program.
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 .
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).
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 .
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).
(sch.1-sec.42-ssec.1) This section has effect despite anything else in the Help to Buy program.
(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 .
(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).
(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 .
(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).
(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
(b) a provision of the Help to Buy program (the Commonwealth provision ), other than a provision mentioned in section 42B ;
(a) the Commonwealth provision; and
(b) the displacement provision to the extent to which the displacement provision would, apart from this subsection, be inconsistent with the Commonwealth provision.
sch.1-sec.42A
Declarations and regulations
sch.1-sec.42A Declarations and regulations
Declarations
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.
Regulations
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.
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) .
(sch.1-sec.42A-ssec) Declarations
(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.
(sch.1-sec.42A-ssec-oc.2) Regulations
(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.
(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) .
(a) a matter is an excluded matter for the purposes of section 41A ; or
(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 ;
(c) the commencement of this Act;
(d) when the declaring law is enacted or made.
sch.1-sec.42B
Excluded provisions
sch.1-sec.42B Excluded provisions
A reference in sub section 41A (2) or 42 (3) of this Act to the Help to Buy program does not include a reference to:
Part 4 of this Act (finance); or
this Division; or
Division 3 of this Part (other miscellaneous matters); or
regulations made for the purposes of a provision mentioned in paragraph (a) , (b) or (c) of this section; or
a legislative instrument (other than regulations) made under a provision mentioned in paragraph (a) , (b) or (c) .
(a) Part 4 of this Act (finance); or
(b) this Division; or
(c) Division 3 of this Part (other miscellaneous matters); or
(d) regulations made for the purposes of a provision mentioned in paragraph (a) , (b) or (c) of this section; or
(e) a legislative instrument (other than regulations) made under a provision mentioned in paragraph (a) , (b) or (c) .
sch.1-sec.42C
Preservation of Commonwealth entitlement and security
sch.1-sec.42C Preservation of Commonwealth entitlement and security
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.
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.
(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.
(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.
(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
(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
(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;
(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;
(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
(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;
(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
(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
(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.
sch.1-sec.42D
Modification of Help to Buy program
sch.1-sec.42D Modification of Help to Buy program
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.
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.
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 .
(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.
(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.
(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 .
(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
(b) a modification made by such an instrument must not commence before section 41A or 42 begins to have that effect.
(a) create an offence or civil penalty;
(b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure;
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act;
(f) substantively remove or override section 41A or 42 .
(i) arrest or detention; or
(ii) entry, search or seizure;
sch.1-pt.5-div.3
Other matters
Other matters
sch.1-sec.43
Review by Administrative Appeals Tribunal
sch.1-sec.43 Review by Administrative Appeals Tribunal
The 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 .
sch.1-sec.44
Matters to be included in annual reports
sch.1-sec.44 Matters to be included in annual reports
The 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:
any changes to the Help to Buy Program Directions during the period; and
the impact of the changes on the operations of Housing Australia.
Section 46 of the Public Governance, Performance and Accountability Act 2013 requires the Board to prepare annual reports.
See also section 56 of the Housing Australia Act 2018 and sub section 25 (3) of this Act.
(a) any changes to the Help to Buy Program Directions during the period; and
(b) the impact of the changes on the operations of Housing Australia.
sch.1-sec.45
Review of operation of Help to Buy program
sch.1-sec.45 Review of operation of Help to Buy program
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.
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.
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.
(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.
(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.
(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.
(a) personal information (within the meaning of the Privacy Act 1988 ); or
(b) information that is commercially sensitive.
sch.1-pt.5-div.4
Legislative instruments
Legislative instruments
sch.1-sec.46
Approval of States and Territories required for regulations and other legislative instruments
sch.1-sec.46 Approval of States and Territories required for regulations and other legislative instruments
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.
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.
Consultation periods
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.
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.
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).
Making objections
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.
Consultation requirements under the Legislation Act 2003
This section does not limit section 17 of the Legislation Act 2003 .
(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.
(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.
(sch.1-sec.46-ssec) Consultation periods
(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.
(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.
(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).
(sch.1-sec.46-ssec-oc.2) Making objections
(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.
(sch.1-sec.46-ssec-oc.3) Consultation requirements under the Legislation Act 2003
(sch.1-sec.46-ssec.7) This section does not limit section 17 of the Legislation Act 2003 .
(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
(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
(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
(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.
(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
(a) each State that, when the regulations or legislative instrument is made, is a participating State or a cooperating State; and
(b) the Australian Capital Territory; and
(c) the Northern Territory.
(a) started when a State or Territory was first notified of the proposal as mentioned in paragraph (1)(a); and
(b) ended on the 20th business day after the last day on which a State or Territory was notified as mentioned in that paragraph.
(a) the regulations or legislative instrument amends other regulations or another legislative instrument; and
(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.
(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);
(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) started at the start of the minimum consultation period; and
(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).
(a) the objection was not made by written notice given to the Minister; or
(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.
sch.1-sec.47
Regulations
sch.1-sec.47 Regulations
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.
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.
(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.
(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.
(a) required or permitted by this Act to be prescribed by the regulations; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
sch.1-pt.6
Application and transitional provisions
Application and transitional provisions
sch.1-pt.6-div.1
Provisions relating to this Act as originally enacted
Provisions relating to this Act as originally enacted
sch.1-sec.48
Consultation may occur wholly or partly before commencement
sch.1-sec.48 Consultation may occur wholly or partly before commencement
A reference in section 46 to a notice being given includes a reference to the notice being given before the commencement of this section.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Help to Buy (Commonwealth Powers) Act 2024 .
sec.2 Definitions
sec.2 Definitions
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 .
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.
(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 .
(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.
The official rationale in the scheduled text is stated as improving housing outcomes for low-income and middle-income Australians by assisting them to buy homes (sch.1-sec.3). That policy aim is repeated in the simplified outline which frames Housing Australia’s task and the funding arrangement (sch.1-sec.4). The Act operationalises that rationale by authorising equity-like contributions secured against property, with returns indexed or worked by reference to property value and secured by mortgage or other property right (sch.1-sec.7). The Commonwealth bears the cash cost of contributions (sch.1-sec.27) and receives returns (sch.1-sec.28).
Testing the mechanism against implementation trade-offs and incentives in the text: the fiscal cost of contributions sits squarely with the Commonwealth (sch.1-sec.27), while operational discretion is concentrated in the Minister (who issues Program Directions by legislative instrument, sch.1-sec.24) and Housing Australia (which must act and take reasonable steps to comply with Directions, sch.1-sec.10(3)). The Minister’s Directions are exempted from disallowance under s 42 of the Legislation Act 2003 (subject to enabling regulations, sch.1-sec.24(1)(c)), which reduces parliamentary oversight of operational policy set by the Minister. The Act contains procedural constraints on ministerial direction-making, including consultation with participating/cooperating States and Territories (sch.1-sec.24), and textual limits preventing the Minister from directing Housing Australia to enter specified individual transactions (sch.1-sec.26). States retain a legal exit valve through termination of referrals/adoptions (sec.5, sch.1-sec.35-37), and may declare exclusions or displacement of Commonwealth provisions (sch.1-sec.41A, sch.1-sec.42), although the Act preserves Housing Australia’s pre-existing entitlements and security in particular circumstances (sch.1-sec.42C).
Who pays: Commonwealth funds contributions (sch.1-sec.27). Who decides: Minister sets Program Directions (sch.1-sec.24), the Board/Housing Australia implements and administers within those Directions and must act properly, efficiently and effectively (sch.1-sec.10(3)). What changes for private actors: buyers may enter shared-equity contracts secured by mortgages (sch.1-sec.7); private lenders, legal advisers and conveyancers will face a new class of encumbrance and new reporting and information obligations likely specified in Directions (sch.1-sec.10(2), sch.1-sec.25). The Act centralises strategic choice at Commonwealth level but creates multi-jurisdictional implementation friction via consultation and State declaration mechanisms (sch.1-sec.24, sch.1-sec.41A-42).
(References below are to provisions in the schedule where the substantive Help to Buy architecture is set out; the front Act provides the referral framework to the Commonwealth Parliament (sec.3-5).)
Main concepts
The Act turns on a small set of tightly-defined legal concepts that determine scope, power and limits.
Help to Buy arrangement / shared equity arrangement. Defined as a contract under which Housing Australia contributes part of the purchase cost for residential property on behalf of the Commonwealth, is entitled to a return calculated (in whole or part) by reference to property value at one or more times, and secures that entitlement by mortgage or other proprietary right (sch.1-sec.7(1)). The regulations may add or subtract from this definition (sch.1-sec.7(1)(b)) and the Act treats certain variations that newly relate to property as fresh entries into a shared-equity arrangement (sch.1-sec.7(3)-(5)).
Help to Buy program. A statutory bundle that comprises the Act itself, regulations, the Help to Buy Program Directions (ministerial legislative instrument) and any other legislative instruments under the Act (sch.1-sec.5 definition). Program Directions are central to operational policy (sch.1-sec.24-26).
Participating, cooperating and withdrawn States. These status categories flow from whether a State has referred or adopted the primary and residual matters and the amendment matters to the Commonwealth (sch.1-sec.35-37). Status affects what Housing Australia can do: full entry and administration powers in participating States (sch.1-sec.10), administration-only for arrangements entered while a State participated in cooperating States (sch.1-sec.15, sch.1-sec.17), and administration with an express prohibition on new contributions or entries in withdrawn States (sch.1-sec.20-22).
Primary, residual and amendment matters. These are categories of legal subject-matter that a State may refer to the Commonwealth under paragraph 51(xxxvii) of the Constitution. The Act distinguishes the “primary version” and “residual version” of the Help to Buy text to determine what is covered by a State’s referral or adoption (sch.1-sec.31-34). The amendment matters specifically permit express amendment of the Commonwealth Help to Buy Act to cover Commonwealth financial assistance in states where references applied at the time the arrangements were entered (sch.1-sec.34).
Help to Buy Program Directions. Directions (legislative instrument) the Minister may give to the Board about performance of Housing Australia’s functions, reporting obligations and operational matters; the Act requires consultation with participating and cooperating States and Territories before giving them (sch.1-sec.24, sch.1-sec.25). Directions may specify choices and limits such as the period for entering arrangements, number and kinds of properties, and amounts Housing Australia may contribute (sch.1-sec.25(2)). The Act restricts the content of Directions (they cannot be inconsistent with this Act or the Housing Australia Act, and cannot require entry into particular transactions or with particular individuals, sch.1-sec.26).
Financial flows and security. The Commonwealth pays Housing Australia amounts from the Consolidated Revenue Fund to enable contributions (sch.1-sec.27). Housing Australia must use those amounts only for contributions and must pay all returns and interest received on behalf of the Commonwealth back to the Commonwealth (sch.1-sec.27(2)-(4), sch.1-sec.28). Entitlements under Help to Buy arrangements are typically secured by mortgage or other property right (sch.1-sec.7(1)) and the Act preserves those entitlements against State exclusions/displacements to an extent (sch.1-sec.42C).
Interaction and exclusion tools. The Act anticipates State and Territory laws that either exclude parts of the Help to Buy program (sch.1-sec.41A) or declare displacement provisions where the State law will prevail over the Commonwealth provision to avoid inconsistency (sch.1-sec.42). The Act provides mechanisms for timing, regulation, and limited Commonwealth modification (sch.1-sec.42A-42D), and limits the scope of what a State can displace (sch.1-sec.42B) and protects Commonwealth secured entitlements in some instances (sch.1-sec.42C).
These concepts are combined by the Act to create an administrable framework: Ministerial Directions set operational policy, Housing Australia implements within those Directions and funding rules, and State referrals/adoptions determine the constitutional basis for Commonwealth law-making and the universe of residential property to which the program can extend (sec.3; sch.1-sec.31-35). The definitions make clear that some matters, including some functions under the Housing Australia Act 2018, are not to be recharacterised as Help to Buy arrangements (sch.1-sec.6).
Who it affects
The Act distributes costs, authority and operational duties across Commonwealth institutions, State and Territory governments, private buyers, mortgagees and markets. Identify the principal affected parties and the statutory mechanics that change their position.
Commonwealth (Treasury and Minister). The Commonwealth pays contributions from the Consolidated Revenue Fund (sch.1-sec.27), sets operational policy through the Minister’s Help to Buy Program Directions (sch.1-sec.24) and is the recipient of monetary returns from Housing Australia (sch.1-sec.28). The Minister must consult participating and cooperating States and Territories before making Directions (sch.1-sec.24) but Directions are legislative instruments not subject to disallowance under s 42 of the Legislation Act 2003 as provided (sch.1-sec.24(1)(c)).
Housing Australia and its Board. Housing Australia’s statutory functions are expanded to include entering, determining terms and administering Help to Buy arrangements in participating States and Territories (sch.1-sec.10) and to administer existing arrangements when States later cease to participate (sch.1-sec.15, sch.1-sec.20). Housing Australia must act properly, efficiently and effectively and take reasonable steps to comply with Program Directions (sch.1-sec.10(3), sch.1-sec.15(2)). The Board takes directions (sch.1-sec.24).
States and Territories. States decide whether to become participating States by referral or adoption (sch.1-sec.35). They can later terminate references or adoptions and thereby change status to cooperating or withdrawn (sec.5, sch.1-sec.35-37). States and Territories can also enact laws that declare excluded matters or displacement provisions (sch.1-sec.41A, sch.1-sec.42), and those instruments interact with the Commonwealth program as set out in sch.1-sec.42A-42D. The consultation and objection mechanisms for Commonwealth regulations and legislative instruments require the Minister to notify and satisfy particular States and Territories before making many instruments (sch.1-sec.46).
Prospective home buyers (individuals). The program targets low‑income and middle‑income individuals (sch.1-sec.3). A person entering a Help to Buy arrangement will be contracting with Housing Australia (on behalf of the Commonwealth) for a contribution towards purchase cost, will be subject to terms and conditions set by Housing Australia under Directions (sch.1-sec.10(2), sch.1-sec.25), and will encounter a mortgage or other right securing Housing Australia’s entitlement (sch.1-sec.7(1)).
Mortgagees and private lenders. Shared-equity arrangements create a new category of secured interest and a potential co-ownership or return entitlement linked to property value (sch.1-sec.7). Private lenders must account for such encumbrances and for any statutory protections preserving Housing Australia’s entitlements where State laws purport to exclude or displace (sch.1-sec.42C).
Conveyancers, registries, and institutions that deal with land title. The Act contemplates Housing Australia holding mortgage or other rights as security (sch.1-sec.7) and that those rights may be affected by State declarations; practitioners will need to check the Help to Buy Program Directions and applicable State law for priority and registration practice.
Public accountability and oversight bodies. The Board must include particulars about changes to the Help to Buy Program Directions and their impact in its annual report (sch.1-sec.44). The Minister must cause an independent review of the program three years after commencement and table the report in Parliament, with protections for personal and commercially sensitive information (sch.1-sec.45). The Administrative Appeals Tribunal may be given review jurisdiction by regulation over specified Housing Australia decisions (sch.1-sec.43).
Third-party contractors and counterparties. Housing Australia may enter into contracts with any entity, including Commonwealth, State, Territory agencies or private bodies to perform program functions (sch.1-sec.11). The regulations may prescribe additional powers and procedural requirements (sch.1-sec.11(3), sch.1-sec.47). Parties contracting with Housing Australia will be bound by the terms set in Directions and the Act.
The Act therefore reallocates financial exposure to the Commonwealth while centralising operational discretion at Housing Australia under Ministerial Directions, and it creates a multi-layered compliance environment for private actors where Commonwealth and State laws may interact or conflict. The practical distribution of duties will turn on the Minister’s Directions, the content of regulations and State referral/adoption decisions (sch.1-sec.24-26, sch.1-sec.46, sch.1-sec.31-35).
Key duties and rights
The Act assigns discrete duties and rights to the Commonwealth, the Minister, Housing Australia, the Board, States and private parties. Below are the operative legal obligations and rights as set in the text.
Duties and obligations
Commonwealth funding duty. The Commonwealth must pay amounts to Housing Australia from the Consolidated Revenue Fund to enable contributions under Help to Buy arrangements; Housing Australia must use those amounts only for that purpose (sch.1-sec.27(1)-(3), sch.1-sec.27(4)).
Housing Australia’s operational duties. Housing Australia must:
enter into Help to Buy arrangements in participating States and Territories on behalf of the Commonwealth (sch.1-sec.10(1)(a));
determine terms and conditions for such arrangements (sch.1-sec.10(1)(b));
administer and monitor compliance with such arrangements (sch.1-sec.10(1)(c)-(d));
in the case of cooperating and withdrawn States, administer arrangements entered while the State was participating (sch.1-sec.15(1), sch.1-sec.20(1));
act in a proper, efficient and effective way and take all reasonable steps to comply with Help to Buy Program Directions (sch.1-sec.10(3), sch.1-sec.15(2), sch.1-sec.20(2));
take all reasonable steps to comply with reporting directions included in the Help to Buy Program Directions when administering arrangements (sch.1-sec.13, sch.1-sec.18, sch.1-sec.23).
Ministerial consultation duty. The Minister must consult participating and cooperating States and the Territories before giving Directions to the Board (sch.1-sec.24(1)). The Minister is also required to have regard to the object of the Act and other relevant matters when issuing Directions (sch.1-sec.24(3)).
Reporting and review duties. The Board’s annual report must include particulars of changes to the Help to Buy Program Directions and their operational impact (sch.1-sec.44). The Minister must commission a review of the program three years after commencement and table the report (sch.1-sec.45).
Rights and limits
Housing Australia’s powers. Housing Australia has all powers necessary or convenient to perform its functions and may contract with Commonwealth, State, Territory or other entities (sch.1-sec.11). These powers are, however, limited by specific prohibitions as to when it may act in cooperating or withdrawn States (sch.1-sec.17, sch.1-sec.22).
Ministerial direction-making power and limits. The Minister may issue Program Directions by legislative instrument covering strategies, criteria, limits, internal review and complaints handling, and operational matters such as periods, numbers and amounts for Help to Buy arrangements (sch.1-sec.24, sch.1-sec.25). However, the Minister may not give Directions inconsistent with this Act or the Housing Australia Act 2018, and may not give Directions that effectively require Housing Australia or the Board to enter a particular arrangement, property, or deal with a particular person, or to take or refrain from particular actions in relation to an arrangement (sch.1-sec.26).
States’ powers to decline application or displace. A State may, by its own law, declare matters to be excluded or displacement provisions for the Help to Buy program (sch.1-sec.41A, sch.1-sec.42). Such State laws may limit the Commonwealth provision’s operation within that State; the Act sets temporal and regulatory controls on when such declarations take effect (sch.1-sec.42A).
Preservation of Commonwealth entitlements. Where Housing Australia has an entitlement to a return secured by mortgage or right under a Help to Buy arrangement, sch.1-sec.42C prevents State exclusions/displacements from operating to the extent they would extinguish or diminish that entitlement or its security. The subsection includes express definitions to ensure that arrangements or contributions that would have existed but for State exclusions are treated as if they existed for the protective rule.
Administrative review. The regulations may provide for Administrative Appeals Tribunal review of specified decisions of Housing Australia in performing functions mentioned in sch.1-sec.10 and sch.1-sec.15 (sch.1-sec.43); that right to review is left to subordinate legislation.
Use and restitution of funds. Housing Australia must pay to the Commonwealth all amounts it receives on the Commonwealth’s behalf under Help to Buy arrangements and any interest it receives in performing its functions (sch.1-sec.28).
No criminal offences or civil penalties are created in the text provided. The Act explicitly does not make the Crown liable to prosecution for an offence (sch.1-sec.8(2)), and a legislative instrument made under the modification power may not create an offence or civil penalty (sch.1-sec.42D(3)(a)). Enforcement is therefore primarily administrative: directions, reporting, monitoring and contractual remedies via the Help to Buy arrangements themselves.
Penalties and enforcement
The Act does not establish novel criminal offences or standard civil penalty regimes within the text provided. Enforcement and remedial architecture is administrative, contractual and regulatory rather than penal, and the Act places emphasis on reporting, monitoring and internal review mechanisms.
Enforcement mechanisms present in the Act
Contractual and proprietary enforcement. Help to Buy arrangements are secured by mortgage or other proprietary right relating to the residential property (sch.1-sec.7(1)). The primary means of enforcing Housing Australia’s entitlement is therefore through property security and the contractual rights incorporated into each arrangement. The Act preserves Housing Australia’s entitlement and security against State exclusions or displacement in defined circumstances (sch.1-sec.42C).
Monitoring and reporting obligations. Housing Australia is required to monitor compliance with Help to Buy arrangements (sch.1-sec.10(1)(d), sch.1-sec.15(1)(b)). The Help to Buy Program Directions may include directions about reporting, criteria for decisions and limits on entering arrangements, internal review and complaints handling (sch.1-sec.25(1)). Housing Australia must take reasonable steps to comply with reporting directions (sch.1-sec.13, sch.1-sec.18, sch.1-sec.23).
Administrative review. The regulations may provide for applications to the Administrative Appeals Tribunal for review of specified decisions of Housing Australia made in performing its functions relating to participating and cooperating States (sch.1-sec.43). The existence and scope of statutory review rights depend on regulations, which means procedural remedies are contingent on delegated instruments.
Board oversight and ministerial directions. The Board must follow Help to Buy Program Directions and the Board’s annual report must disclose changes to Directions and their impacts (sch.1-sec.10(3), sch.1-sec.44). Ministerial Directions are a supervisory lever that can direct strategies, reporting and internal handling of complaints. These Directions are legislative instruments but are, by the Act, not subject to disallowance under s 42 of the Legislation Act 2003 in the manner referenced (sch.1-sec.24(1)(c)), subject to possible enabling regulations.
Financial accountability. Housing Australia must pay all amounts it receives under Help to Buy arrangements to the Commonwealth and must use appropriated funds only for making contributions (sch.1-sec.27(2)-(3), sch.1-sec.28). This creates an accounting enforcement channel: misuse of funds would be inconsistent with statutory duty and with the Public Governance, Performance and Accountability Act 2013 framework governing Commonwealth entities, though the Act itself does not specify a criminal penalty.
Notably absent from the text are express criminal offences, civil penalties or administrative fines for contraventions of the substantive Help to Buy rules. The Act also explicitly prevents the Crown from being prosecuted for an offence (sch.1-sec.8(2)). Further, the instrument-based modification power is expressly prohibited from creating offences or civil penalties (sch.1-sec.42D(3)(a)).
Practical enforcement implications
enforcement will operate through contract law, property rights and program administration rather than statutory penalties;
regulatory oversight will be exercised through the Help to Buy Program Directions, internal review mechanisms specified in Directions, and potential AAT review if regulations provide for it;
financial oversight will be exercised through appropriation and reporting channels, and by the Board’s annual report obligations (sch.1-sec.27, sch.1-sec.28, sch.1-sec.44);
State-level exclusions and displacement (sch.1-sec.41A, sch.1-sec.42) create complexity in enforcement across jurisdictions; however, the Act protects existing entitlements and securities to counter State-level actions that would otherwise extinguish Commonwealth-secured returns (sch.1-sec.42C).
Users designing operational controls should therefore plan for strong contract drafting, mortgage-security arrangements, routine reporting per Directions, and review rights established by subordinate instruments rather than expect statutory penalty clauses in the principal Act.
How it interacts with other laws
The Act contains several express cross-references and interaction rules with State and Commonwealth legal regimes and with the Housing Australia Act 2018. Those interactions determine constitutional footing, regulatory primacy and implementation constraints.
Interaction with State referral/adoption architecture
Constitutionally, the Act relies on State referrals under paragraph 51(xxxvii) or State adoptions of the relevant version of the Act to extend Commonwealth legislative competence over the primary and residual matters (sec.3; sch.1-sec.31-35). A State becomes a participating State by referring primary, residual and amendment matters or by adopting the primary and residual versions and referring the amendment matters (sch.1-sec.35). The references take effect when sec.3 commences and continue until any expiry day the Governor fixes (sec.3(5), sec.5).
Interaction with State laws and displacement
Concurrent operation. The Act does not intend to exclude or limit a State or Territory law that can operate concurrently with the Help to Buy program (sch.1-sec.41(1)). This preserves a degree of parallel operation where possible.
State exclusions and displacement. The Act permits States and Territories to declare matters excluded from the Help to Buy program (sch.1-sec.41A) or to declare displacement provisions in respect of Commonwealth provisions (sch.1-sec.42). These State declarations operate subject to timing rules (sch.1-sec.42A) and subject to limits and protections the Commonwealth builds in,most notably sch.1-sec.42C which prevents a State law from operating to the extent it would extinguish or diminish Housing Australia’s entitlement or security under an arrangement.
Excluded provisions and limits. sch.1-sec.42B lists excluded aspects of the Help to Buy program that State declarations or displacement cannot treat as part of the program for the purposes of sch.1-sec.41A(2) or sch.1-sec.42(3), for example Part 4 (finance), this Division and Division 3 of the Part (other miscellaneous matters) and associated regulations and legislative instruments.
Interaction with Housing Australia Act 2018 and other Commonwealth laws
The Help to Buy Act does not limit the Housing Australia Act 2018 (sch.1-sec.39). The Act gives Housing Australia functions specifically for Help to Buy; it excludes arrangements Housing Australia enters under the Housing Australia Act from being treated as Help to Buy (sch.1-sec.6(2)). The Act requires Housing Australia to act in accordance with this Act and to take reasonable steps to comply with Help to Buy Program Directions (sch.1-sec.10(3)).
Commonwealth amendments and instruments. The front Act clarifies that the Commonwealth Help to Buy Act may be expressly amended by Commonwealth Acts or instruments under other Commonwealth head of power, not only via the amendment reference (sec.4). This permits Commonwealth legislative action based on other constitutional powers to affect the Help to Buy Act.
Interaction with legislation-making processes
Directions and parliamentary oversight. Help to Buy Program Directions are legislative instruments (sch.1-sec.24) but section 42 of the Legislation Act 2003 does not apply to those Directions as provided (sch.1-sec.24(1)(c)); regulations may be made for the purposes of paragraph 44(2)(b) of the Legislation Act to give effect to that. The effect is to limit disallowance, subject to other procedural requirements in the Act.
Regulations and delegation. The Act gives the Governor-General power to make regulations and allows those regulations to adopt the content of Help to Buy Program Directions (sch.1-sec.47(2)), which creates a mechanism for the Directions’ content to be reflected in subordinate law.
Interaction with Lands Acquisition Act 1989 and Crown immunity
The Lands Acquisition Act 1989 does not apply to anything done under this Act (sch.1-sec.40). The Act binds the Crown but does not make the Crown liable to prosecution for an offence (sch.1-sec.8).
Administrative law interfaces
The regulations may permit Administrative Appeals Tribunal review of specified decisions (sch.1-sec.43). The annual reporting requirements and the three-year statutory review obligation create parliamentary and public accountability routes (sch.1-sec.44-45). The Act requires consultation with States and Territories for many instruments (sch.1-sec.24, sch.1-sec.46).
Net effect
The Act is designed to sit alongside State instruments while giving the Commonwealth a comprehensive operational toolbox. It anticipates and builds in State exclusions or displacements but protects particular Commonwealth financial and proprietary entitlements. Operationally significant delegated instruments (Directions and regulations) will determine the fine-grain interactions with existing State property, mortgage and registration regimes.
Amendment history
The text provided contains the original enacted schedule (the scheduled text of the Commonwealth Help to Buy Act) and the State-side referral Act. The only temporal or amendment-related statements the text itself records are:
commencement. The scheduled Commonwealth Help to Buy Act is styled “Help to Buy Act 2023” and the scheduled text includes a commencement table stating that the whole of that Act commences the day after receiving Royal Assent (sch.1-sec.2). The State-side short title in the preliminary part is the Help to Buy (Commonwealth Powers) Act 2024 (sec.1).
amendment definitions and powers. The Act expressly contemplates express amendments of the Commonwealth Help to Buy Act (the “express amendment” definition in sec.2 and sch.1-sec.34) and it defines the “amendment matters” that a State may refer to the Commonwealth enabling the Commonwealth to make direct textual amendments of the Commonwealth Help to Buy Act by another Commonwealth Act or instrument (sec.2 definitions; sch.1-sec.34(4)). The front Act clarifies that express amendment means direct textual amendment and excludes enactments that have substantive effect otherwise than as part of the text of the Commonwealth Help to Buy Act (sec.2).
timing of State declarations and regulations. sch.1-sec.42A sets temporal rules for when State declarations take effect if they would otherwise predate the commencement of this Act. sch.1-sec.46 establishes minimum and extended consultation periods for regulations and legislative instruments and contemplates revocation of proclamations fixing expiry days for references (sec.5). sch.1-sec.31 explains how “relevant version” and “primary/residual version” are determined relative to the time of a State’s referral law.
No further legislative history, amendments, repeals, or prior versions are recorded in the text provided. The Act therefore presents itself as a freshly enacted statutory architecture: the scheduled Commonwealth Help to Buy Act as originally enacted (commencement day after Royal Assent) and the referral framework that allows for later express amendments by Commonwealth Acts if States have referred amendment matters (sch.1-sec.2, sch.1-sec.34, sec.3).
If you require an audit of later amending instruments or subordinate legislation, those are not contained in the text provided and would need to be sourced separately.
Litigation history
The material supplied contains no case law, no judicial decisions, and no references to litigation concerning the Act or the scheduled Help to Buy text. The schedule does not cite any court authority and contains no history of judicial interpretation.
Accordingly:
there is no litigation history recorded in the Act or the scheduled text provided;
no judicial constructions of the defined concepts (for example “shared equity arrangement”, “participating State” or the compatibility of State displacement declarations with sch.1-sec.42C) are available in the supplied materials.
Practical implication for practitioners: exposure to legal uncertainty arises from absence of judicial guidance on key constitutional and property questions that the Act raises , for example priority of mortgages secured under Help to Buy arrangements; the scope of sch.1-sec.42C preservation in practice; the constitutional limits of Commonwealth action where State references lapse; or the lawfulness of Director-level Directions that are exempt from disallowance. Those issues would be litigable if and when disputes arise, but the schedule itself contains no litigation history to cite.
If you need, I can prepare a short list of litigable legal questions arising from the text that are likely to be contested in courts (priority disputes, constitutional limits, administrative law challenges to Directions, treatment of registrable interests), but there are no cases in the source to name.
Gotchas
The Act creates practical traps and points of legal friction that parties should flag. Below are concrete, source-grounded risks and implementation frictions.
Dependence on Programs Directions before entry. Housing Australia must not enter into a Help to Buy arrangement unless Directions of the kind in subparagraph 24(1)(a)(i) are in force (sch.1-sec.12). Operational teams must sequence: Ministerial Directions must be in place before Housing Australia can lawfully commence transactions in participating States. Failure to check Directions is a legal compliance risk.
Ministerial Directions are legislative instruments but effectively avoid disallowance. Directions are legislative instruments and the Minister must consult (sch.1-sec.24), but the Act states section 42 (disallowance) of the Legislation Act 2003 does not apply to the Directions in the way indicated, subject to regulations (sch.1-sec.24(1)(c)). This reduces one parliamentary check and concentrates policy power at Ministerial level. Practitioners should therefore track Directions carefully rather than rely on disallowance as a backstop.
Consultations and the State ‘veto’. For regulations and legislative instruments under this Act, sch.1-sec.46 requires the Minister to be satisfied that participating/cooperating States and the Territories were notified and that during a specified consultation period none objected in writing. In effect, a participating or cooperating State (and the ACT/NT) may block a sub‑instrument by lodging a compliant written objection during the consultation window. The Minister must disregard objections that are not made according to state law processes (sch.1-sec.46(6)), creating potential procedural contests about whether an objection was properly made.
State exclusion and displacement tools can fragment the program. sch.1-sec.41A and sch.1-sec.42 allow States to exclude aspects of the program or declare displacement provisions. Although sch.1-sec.42C protects Housing Australia’s entitlement in some cases, these State-level instruments will create an uneven patchwork where the program’s operation and risk profile differ by State. Participants should expect different registration and priority outcomes across jurisdictions.
Preservation clause is targeted, not universal. sch.1-sec.42C prevents State laws from operating to the extent they would abolish or diminish Housing Australia’s return or security, but the clause is framed to apply where “disregarding sections 41A and 42 ..., Housing Australia is entitled ...” and where the State effect would otherwise diminish that entitlement (sch.1-sec.42C(1)). The clause is protective but fact- and timing-sensitive; a lawyer will need to model the precise property and contract chronology to determine whether sch.1-sec.42C applies.
Variations that become new entries. The definition regime treats a variation as a new entry into a shared-equity arrangement if, after the variation, the arrangement relates to particular residential property when it did not before (sch.1-sec.7(4)-(5)). That can trigger referral/adoption and funding constraints, and create legal uncertainty about whether a transaction is a “variation” or a new “entry”. Drafting should therefore be explicit about property-specific effects of any variation.
No statutory penalties; enforcement is contractual/admin. The Act contains no express criminal offences or civil penalty provisions for breaches of Help to Buy rules (sch.1-sec.42D(3)(a) also forbids instruments that create offences). Enforcement will be driven by contract, mortgage remedies, internal review and any AAT review that regulations permit (sch.1-sec.43). Private parties should ensure contractual remedies and security form the core of risk mitigation.
Funding restrictions and cash-flow timing. Housing Australia may only make contributions from amounts paid to it under sch.1-sec.27(3). The funding model therefore imposes cash-flow constraints on transaction execution. Public accountants and counsel should treat appropriations and drawdowns as condition precedent to commitments.
The Act excludes the Lands Acquisition Act 1989. sch.1-sec.40 removes the operation of the Lands Acquisition Act in respect of actions under this Act. Parties considering compulsory acquisition issues should note that the usual federal mechanism will not apply; the text provides no alternative acquisition procedure in lieu.
Regulations may adopt Program Directions and be retrospective-limited. sch.1-sec.47(2) allows regulations to apply, adopt or incorporate Help to Buy Program Directions as in force. sch.1-sec.42A prevents retrospective application in some instances. Practitioners must track both Directions and regulations because Directions may be embedded into regulations and thereby portable across time, subject to the consultation rules in sch.1-sec.46.
Administrative review is not automatic. The Act makes AAT review optional via regulation (sch.1-sec.43). Absent enabling regulations, internal review might be the only recourse. Parties should push for clarity on the instruments that will confer external review rights.
Two different short titles and commencement signals. The front Act is the Help to Buy (Commonwealth Powers) Act 2024 (sec.1), while the scheduled Commonwealth Help to Buy Act is styled Help to Buy Act 2023 (sch.1-sec.1). The scheduled Act includes a commencement notice that the whole Act commences the day after Royal Assent (sch.1-sec.2). Be precise when referring to the relevant instrument/version in contracts and advice.
Those “gotchas” turn on the statutory text. Each creates a concrete consequence for practice: verify Directions and appropriations before committing, model the property security position under both Commonwealth and State law, and design contracts to recognise the special timing and review characteristics the Act sets out.
How to comply
Compliance under the Act is primarily operational and administrative: follow the Directions, respect State/status constraints, secure entitlements correctly, and observe consultation and reporting rules. Practical steps for core actors follow, citing sections.
For Housing Australia and its Board
Preconditions before entering arrangements:
verify the State is a participating State for the target residential property (sch.1-sec.35);
ensure appropriate Help to Buy Program Directions are in force (sch.1-sec.12) and that the Board has received any Directions required by sch.1-sec.24;
ensure amounts have been provided to Housing Australia by the Commonwealth (sch.1-sec.27(1)) because contributions must come only from such amounts (sch.1-sec.27(3)).
Operational compliance:
enter shared equity arrangements only in forms consistent with the statutory definition and as authorised by Directions (sch.1-sec.7, sch.1-sec.10(1)(b));
secure Housing Australia’s entitlement by mortgage or other property right as specified in contracts (sch.1-sec.7(1));
implement internal review and complaints handling that align with Help to Buy Program Directions if Directions require these features (sch.1-sec.25(1)(d)-(e));
take all reasonable steps to comply with Directions and act properly, efficiently and effectively in performance of functions (sch.1-sec.10(3), sch.1-sec.15(2), sch.1-sec.20(2)).
Financial compliance:
use appropriated funds only for contributions under Help to Buy arrangements (sch.1-sec.27(2));
pay all amounts and interest received on behalf of the Commonwealth back to the Commonwealth in a timely way (sch.1-sec.28).
Reporting and audit:
comply with reporting Directions included in the Help to Buy Program Directions (sch.1-sec.13, sch.1-sec.18, sch.1-sec.23);
ensure the Board’s annual report contains particulars of any changes to Directions and the operational impacts (sch.1-sec.44).
For the Minister and policy teams
Prepare Program Directions:
prepare Directions consistent with the object of the Act and the Housing Australia Act 2018; ensure they do not require Housing Australia to enter particular individual transactions or deal with particular individuals (sch.1-sec.24(3), sch.1-sec.26(1)-(2)).
Consultation:
consult with participating and cooperating States and Territories before making Directions (sch.1-sec.24(1));
for regulations and legislative instruments, observe the notification and consultation requirements in sch.1-sec.46 , notify relevant States/Territories in writing and allow the minimum consultation period (20 business days) or extended period (35 business days) where applicable; treat written objections in accordance with state law processes (sch.1-sec.46).
Use the modulating powers carefully:
if State exclusion or displacement takes effect, consider using sch.1-sec.42D to modify program operation by legislative instrument where necessary, but observe the prohibitions in sch.1-sec.42D(3) (no creating offences, no direct amendment of Act text, no setting appropriation amounts, no substituting s 41A or 42) and timing constraints (sch.1-sec.42D(1)-(2)).
For States and Territories
Decision on participation:
if deciding to refer or adopt matters, ensure referral/adoption laws are framed to cover the primary, residual and amendment matters as intended by sch.1-sec.35; consider the staged consequences of later terminating references (sch.1-sec.35-37, sec.5).
If objecting or making declarations:
follow internal state processes for lodging written objections to Commonwealth regulations or instruments per sch.1-sec.46 and ensure the objection is made within the consultation window and in the form required by State law;
if enacting a law to declare excluded matters or help-to-buy displacement provisions, be aware of timing rules (sch.1-sec.42A) and the limits that sch.1-sec.42C imposes on extinguishing Commonwealth entitlements.
For private parties and practitioners (lenders, conveyancers, buyer counsel)
Contract and title diligence:
check whether property is in a participating/cooperating/withdrawn State (sch.1-sec.35-37) and whether a proposed transaction would create or vary a shared-equity arrangement under sch.1-sec.7;
confirm Housing Australia’s security will be properly registered and consider priority questions, especially where State laws declare displacement or exclusion (sch.1-sec.41A-42, sch.1-sec.42C).
Transactional drafting:
in drafting shared-equity or related documents, stipulate how returns will be calculated (by reference to property value), how security will be given, and how variations are handled, mindful that some variations can amount to new entries under sch.1-sec.7(4)-(5);
include warranty and information obligations that align with Directions (sch.1-sec.10(2)(a)).
Regulatory and dispute posture:
advise clients that statutory external review is only available if regulations so provide (sch.1-sec.43); absent such regulations, internal review or contract remedies will be the main remedial pathways.
For accountants and compliance officers
Financial flows:
record appropriations and receipts as required: Housing Australia must use Commonwealth-provided amounts only for contributions (sch.1-sec.27(2)) and remit returns to the Commonwealth (sch.1-sec.28).
Controls and audits:
ensure internal controls align with the Board’s obligation to act properly and the requirement that annual reports include the effects of changes to Directions (sch.1-sec.10(3), sch.1-sec.44).
Across all actors, the practical compliance tasks are: verify state status and Directions before transactions; secure appropriate mortgage or proprietary registration; incorporate program reporting and review obligations into operational workflows; track Directions and regulations because they materially change rights and duties; and ensure funding is available from the Commonwealth before committing funds or taking obligations (sch.1-sec.12, sch.1-sec.27, sch.1-sec.28, sch.1-sec.24).
Section sec.4Commonwealth laws not otherwise affected
(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
(i) relates to residential property located in a State; and
(ii) is entered into while the State is a participating State; and
(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) .
(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) .
(i) relates to residential property located in a State; and
(ii) is entered into while the State is a participating State; and
(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) .
(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
(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.
(a) part 2 , divisions 2 and 3 ; and
(b) sections 24 (1) (a) (ii) , 25 (3) (b) and (c) , and 38.
(a) part 2 , divisions 1 and 3 ; and
(b) sections 24 (1) (a) (i) , 25 (3) (a) and (c) , and 38.
pt.2 Reference of matters to Commonwealth Parliament
Reference of matters to Commonwealth Parliament
sec.3 Reference of matters
sec.3 Reference of matters
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.
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 .
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.
The operation of each paragraph of subsection (1) is not affected by any of the other paragraphs.
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.
(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.
(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 .
(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.
(sec.3-ssec.4) The operation of each paragraph of subsection (1) is not affected by any of the other paragraphs.
(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.
(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;
(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;
(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.
(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
(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 .
(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 .
(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 .
(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
(b) the matter is included in the legislative powers of the Parliament of the State.
(a) takes effect when this section commences; and
(b) has effect only until the end of the expiry day for the reference fixed under section 5 , if any.
sec.4 Commonwealth laws not otherwise affected
sec.4 Commonwealth laws not otherwise affected
To 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—
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
by a provision of an instrument made under the Commonwealth Help to Buy Act or under a provision mentioned in paragraph (a) .
(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
(b) by a provision of an instrument made under the Commonwealth Help to Buy Act or under a provision mentioned in paragraph (a) .
sec.5 Termination of references
sec.5 Termination of references
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.
The Governor may, by proclamation, revoke a proclamation made under subsection (1) .
A revoking proclamation made under subsection (2) has effect only if it is notified before the expiry day fixed in the proclamation being revoked.
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.
The revocation of a proclamation made under subsection (1) does not prevent notification of a further proclamation under that subsection.
A proclamation under subsection (1) or (2) is subordinate legislation.
(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 mor
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