[Bill 9] 3
HELP TO BUY (COMMONWEALTH POWERS)
BILL 2026
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
LAURA ROSS, Clerk of the House
5 May 2026
(Brought in by the Minister for Small Business, Trade and
Consumer Affairs, the Honourable Guy Barnett)
A BILL FOR
An Act to adopt specified provisions of the Help to Buy Act
2024 of the Commonwealth for the purposes of section
51(xxxvii) of the Constitution of the Commonwealth, to
refer the legislative power of the State in the form of an
amendment reference to the Parliament of the
Commonwealth to make amendments to the Help to Buy
Act 2024 of the Commonwealth for the purposes of section
51(xxxvii) of the Constitution of the Commonwealth and to
consequentially amend other Acts
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
Short title
This Act may be cited as the Help to Buy
(Commonwealth Powers) Act 2026.
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
s. 2
4
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Interpretation
(1) In this Act –
adoption means the adoption under
section 4(1)(a) or (b);
amendment matters means –
(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; and
(b) without limiting paragraph (a),
matters relating to –
(i) entering into Help to Buy
arrangements that satisfy
the conditions mentioned
in that paragraph; and
Section retrieval-0001 - Help to Buy (Commonwealth Powers) Bill 2026 - Document excerpt 1 | Zoe
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
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(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 this
paragraph;
amendment reference means the reference of
matters under section 6(1);
Commonwealth Help to Buy Act means the
Help to Buy Act 2024 of the
Commonwealth;
express amendment, of the Commonwealth
Help to Buy Act, means the direct
amendment of the text of that Act
(whether by insertion, omission, repeal,
substitution or relocation) by another
Commonwealth Act, or by an instrument
under a Commonwealth Act, but does not
include the enactment of a
Commonwealth Act that has, or will
have, a substantive effect other than as
part of the text of the Commonwealth
Help to Buy Act;
Help to Buy arrangement has the same
meaning as in the Commonwealth Help
to Buy Act;
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
s. 3
6
Housing Australia has the same meaning as
in the Housing Australia Act 2018 of the
Commonwealth;
primary version means the version of the
Commonwealth Help to Buy Act, as
originally enacted and as amended from
time to time before the commencement
of section 4, other than –
(a) Divisions 2 and 3 of Part 2 of that
Act; and
(b) sections 24(1)(a)(ii), 25(3)(b) and
(c) and 38 of that Act;
residential property has the same meaning as
in the Commonwealth Help to Buy Act;
residual version means the version of the
Commonwealth Help to Buy Act, as
originally enacted and as amended from
time to time before the commencement
of section 4, other than –
(a) Divisions 1 and 3 of Part 2 of that
Act; and
(b) sections 24(1)(a)(i), 25(3)(a) and
(c) and 38 of that Act.
(2) Words and expressions used in this Act that are
defined in the Commonwealth Help to Buy Act
have, unless the contrary intention appears, the
same meaning in this Act as they have in the
Commonwealth Help to Buy Act.
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
s. 4
7
4. Adoption of versions of Commonwealth Help to
Buy Act
(1) The following versions of the Commonwealth
Help to Buy Act are adopted within the meaning
of section 51(xxxvii) of the Constitution of the
Commonwealth:
(a) the primary version;
(b) the residual version.
(2) The operation of each paragraph of
subsection (1) is not affected by the other
paragraph.
(3) The adoption of a version of the Commonwealth
Help to Buy Act 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)(a) or (b) for that version.
5. Commonwealth laws not otherwise affected
To avoid doubt, 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 section 4 –
(a) by a provision of a Commonwealth Act
the operation of which is based on
legislative power that the Parliament of
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
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the Commonwealth has apart from under
the amendment reference; and
(b) by a provision of an instrument made
under the Commonwealth Help to Buy
Act or under a provision referred to in
paragraph (a).
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.
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
s. 7
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(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).
7. Termination of adoption and amendment reference
(1) The Governor may, at any time, by proclamation
published in the Gazette, fix a day as the day on
which –
(a) the adoption of any or all of the primary
version is to terminate; or
(b) the adoption of any or all of the residual
version is to terminate; or
(c) the amendment reference is to terminate.
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
s. 8
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(2) The Governor, by proclamation published in the
Gazette, may revoke a proclamation published
under subsection (1), in which case the revoked
proclamation is taken, for the purposes of section
4 or 6, never to have been made and published.
(3) A revoking proclamation made under
subsection (2) has effect only if made and
published before the day fixed under
subsection (1) in the proclamation being so
revoked.
(4) The revocation of a proclamation published
under subsection (1) does not prevent the
making and publication of a further proclamation
under that subsection.
8. Effect of termination of amendment reference
before termination of adoption of primary version
or residual version
(1) If the amendment reference terminates before the
adoption of the primary version is terminated,
the termination of the amendment reference does
not affect –
(a) laws that were made under that reference
before that termination, whether or not
they have come into operation before that
termination; or
(b) the continued operation in the State of
the Commonwealth Help to Buy Act as
in operation immediately before that
termination or as subsequently amended
or affected by –
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
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(i) laws referred to in paragraph (a)
that come into operation after that
termination; or
(ii) provisions referred to in
section 5.
(2) Accordingly, if the amendment reference
terminates, it continues to have effect for the
purposes of subsection (1) unless the adoption of
the primary version is also terminated.
(3) If the amendment reference terminates before the
adoption of the residual version is terminated,
the termination of the amendment reference does
not affect –
(a) laws that were made under that reference
before that termination, whether or not
they have come into operation before that
termination; or
(b) the continued operation in the State of
the Commonwealth Help to Buy Act as
in operation immediately before that
termination or as subsequently amended
or affected by –
(i) laws referred to in paragraph (a)
that come into operation after that
termination; or
(ii) provisions referred to in
section 5.
(4) Accordingly, if the amendment reference
terminates, it continues to have effect for the
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
s. 9
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purposes of subsection (3) unless the adoption of
the residual version is also terminated.
9. Declaring certain matters to be excluded matters
(1) The following matters are declared to be
excluded matters for the purposes of section 41A
of the Commonwealth Help to Buy Act in
relation to the Help to Buy program:
(a) the pre-completion duty concession
under Division 2C of Part 5 of Chapter 2
of the Duties Act 2001;
(b) the first home buyer duty exemption
under Division 2 of Part 6 of Chapter 2
of the Duties Act 2001;
(c) the first home owner grant scheme under
the First Home Owner Grant Act 2000;
(d) a scheme, program or arrangement,
whether temporary or otherwise, relating
to the purchase of land that –
(i) provides financial assistance to
individuals towards the purchase
of residential property; and
(ii) is operated by, or on behalf of,
the State or Homes Tasmania,
within the meaning of the Homes
Tasmania Act 2022;
(e) any other matter prescribed as an
excluded matter;
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
s. 10
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(f) the administration and governance,
including by the exercise of compliance
functions, of the concessions,
exemptions, schemes, programs,
arrangements or other matters referred to
in this subsection.
(2) The declaration of a matter to be an excluded
matter under subsection (1) for the purposes of
section 41A of the Commonwealth Help to Buy
Act applies only to the extent to which the
excluded matter would, but for this section, be
inconsistent with the Commonwealth Help to
Buy Act in relation to the Help to Buy program.
10. State’s objection to matters
(1) In this section –
Commonwealth Minister means the Minister
referred to in section 46 of the
Commonwealth Help to Buy Act.
(2) For the purposes of section 46(1) of the
Commonwealth Help to Buy Act, the Minister
on behalf of the State, by notice given to the
Commonwealth Minister during either the
minimum consultation period or the extended
consultation period, may object to a matter for
the purposes of the Commonwealth Help to Buy
Act.
(3) After giving notice to the Commonwealth
Minister under subsection (2), the Minister is to
ensure the notice is published in the Gazette as
soon as is practicable.
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
s. 10
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(4) A notice under subsection (2) is to be taken as
constituting the State’s objection to a matter for
the purposes of the Commonwealth Help to Buy
Act.
(5) The Minister on behalf of the State, by notice
given to the Commonwealth Minister, may
withdraw an objection to a matter under
subsection (2).
(6) After giving notice to the Commonwealth
Minister under subsection (5), the Minister is to
ensure the notice is published in the Gazette as
soon as is practicable.
(7) A notice under subsection (5) is to be taken as
constituting the State’s withdrawal of an
objection to a matter for the purposes of the
Commonwealth Help to Buy Act.
(8) For the purposes of section 46(4) of the
Commonwealth Help to Buy Act, the Minister
on behalf of the State, by notice given to the
Commonwealth Minister during the minimum
consultation period, may require an additional
15 business days to consider a matter for the
purposes of the Commonwealth Help to Buy
Act.
(9) After giving notice to the Commonwealth
Minister under subsection (8) –
(a) the Minister is to ensure the notice is
published in the Gazette as soon as is
practicable; and
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
s. 11
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(b) the extended consultation period applies
for the purposes of giving notice to the
Commonwealth Minister under
subsection (2).
(10) The validity of a notice given to the
Commonwealth Minister under this section is
not affected by a failure to publish the notice in
the Gazette.
11. Regulations
(1) The Governor may make regulations for or in
respect of a matter –
(a) required or permitted under this Act to be
prescribed; or
(b) that is necessary or convenient to be
prescribed to give effect to this Act.
(2) The regulations may authorise any matter to be
from time to time determined, approved, applied
or regulated by the Minister or another person
specified in the regulations.
(3) The regulations may –
(a) provide for savings or transitional
matters necessary or expedient for
bringing this Act into operation; and
(b) provide for any of those savings or
transitional matters to take effect when
this Act commences or on a later day
specified in the regulations, whether the
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
s. 12
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day so specified is before, on or after the
day on which the regulations are made.
12. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 –
(a) the administration of this Act is assigned
to the Minister for Housing and
Planning; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of State
Growth.
13. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
sch. 1
17
SCHEDULE 1 – CONSEQUENTIAL AMENDMENTS
Section 13
Duties Act 2001
Section 3 is amended as follows:
(a) by inserting the following definition after
the definition of GST:
Help to Buy arrangement has the
same meaning as in the Help to
Buy Act 2024 of the
Commonwealth;
(b) by inserting the following definition after
the definition of home:
Housing Australia has the same
meaning as in the Housing
Australia Act 2018 of the
Commonwealth;
After section 31, the following section is inserted
in Part 4:
Purchasers of dutiable property under Help
to Buy arrangement
For the purposes of assessing the duty
chargeable under this Chapter, including
the application of any exemptions or
concessions, on a transfer of land to a
person who purchases the land under a
Help to Buy arrangement, no account is
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
sch. 1
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to be taken of any interest the
Commonwealth or Housing Australia has
in the land.
3. After section 53, the following section is inserted
in Division 1:
53A. Exemptions – Help to Buy arrangements
Duty is not chargeable under this Chapter
on a change in any interest in land
purchased under a Help to Buy
arrangement resulting from an owner of
the land paying money to the
Commonwealth or Housing Australia
under the arrangement.
First Home Owner Grant Act 2000
Section 3(1) is amended as follows:
(a) by inserting the following definition after
the definition of guardian:
Help to Buy arrangement has the
same meaning as in the Help to
Buy Act 2024 of the
Commonwealth;
(b) by inserting the following definition after
the definition of home:
Housing Australia has the same
meaning as in the Housing
Australia Act 2018 of the
Commonwealth;
Help to Buy (Commonwealth Powers) Act 2026
Act No. of 2026
sch. 1
19
2. Section 5 is amended as follows:
(a) by omitting from subsection (2)
“subsection (3)” and substituting
“subsection (2A) and (3)”;
(b) by inserting the following subsection
after subsection (2):
(2A) Any interest in land held by, or to
be held by, the Commonwealth,
or Housing Australia, as a result
of a Help to Buy arrangement is
not a relevant interest in land.
3. Section 40(4) is amended by inserting after
paragraph (b) the following paragraph:
(ba) to the Commonwealth, or Housing
Australia, to assist in determining
whether a person is ineligible to enter
into a Help to Buy arrangement because
the person is receiving assistance under a
State or Territory home buyer scheme,
within the meaning of the Help to Buy
Act 2024 of the Commonwealth; or
First Home Owner Grant Regulations 2021
After regulation 5, the following regulation is
inserted: