Help to Buy (Commonwealth Powers) Act 2024
sch.1-sec.41AWhen Help to Buy program does not apply—exclusion by law of State or Territory
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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.