6Amendment reference

6 Amendment reference

(1)  The amendment matters are referred to the Parliament of the Commonwealth, but only to the extent of making laws with respect to those matters by making express amendments to the Commonwealth Help to Buy Act.

(2)  The reference in subsection (1) to making laws does not include making a law that would have the effect of –

(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) section 41, 41A or 42 of the Commonwealth Help to Buy Act.

(3)  The reference of a matter under subsection (1) has effect only –

(a) if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth, otherwise than by a reference for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth; and

(b) if and to the extent that the matter is included in the legislative power of the Parliament of the State.

(4)  The amendment reference has effect for a period –

(a) beginning when subsection (1) comes into operation; and

(b) ending at the end of the day fixed under section 7(1)(c) .