50Allocating places—subsequent years of the program

50  Allocating places—subsequent years of the program

Number of places available in subsequent years

 (1) The annual number of places that are to be made available in a financial year after the 2025-26 financial year is the sum of:

 (a) 10,000 places; and

 (b) the number of unused places from a previous financial year that are treated as unused places for that financial year.

Initial per‑capita allocation to participating jurisdictions

 (2) The places are allocated between the participating States and the Territories for a financial year as follows:

 (a) each State, that is a participating State before the start of the financial year, is allocated a number of places on 1 July of that year; and

 (b) each Territory is allocated a number of places on 1 July of each financial year starting on or after 1 July 2026.

Note: This section operates subject to section 52 (which prevents places from being allocated in certain circumstances once a participating State has given notice of its intention to withdraw).

 (3) The allocated number of places for a participating State or a Territory for a financial year is the number of places worked out in accordance with the following formula:

 

start formula the annual number of places multiplied the population of the participating State or Territory for the financial year divided by the population of Australia for the financial year end of formula

 

Where the result of the formula is not a whole number, round down to the nearest whole number.

Maximum number of places that can be allocated under the program

 (4) Despite subsection (1), the annual number of places for a financial year is to be reduced so that the total number of used places, for all financial years, does not exceed 40,000. Where this subsection applies, Housing Australia must pro rata each participating State’s and each Territory’s allocation for the financial year.