Help to Buy Program Directions 2025
51Committing and using places—subsequent years of the program
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51 Committing and using places—subsequent years of the program
(1) Where a place has been allocated to a particular State or Territory under subsection 50(2), Housing Australia may, on or after the allocation date, commit or use the place for an arrangement in respect of property in that State or Territory at any time before 1 March of the relevant financial year.
Note 1: Paragraph 14(3)(h) means that Housing Australia cannot approve an application except where this Division allows.
Note 2: This section operates subject to section 52 (which prevents places from being used and arrangements from being entered into in certain circumstances once a participating State has given notice of its intention to withdraw).
(2) Where a place is unallocated following the application of section 50, Housing Australia may, after 1 March of the relevant financial year, commit or use the place for an arrangement in respect of property in any participating State or a Territory at any time before the end of that financial year.
Note: A place may be unallocated because of a rounding under subsection 50(3), because of the operation of section 52 (which prevents places from being allocated in certain circumstances once a participating State has given notice of its intention to withdraw), or because a State is not a participating State.
Uncommitted places after 1 March of the relevant financial year
(3) Where a place remains uncommitted on 1 March of a relevant financial year, Housing Australia may, on or after that date, commit or use the place for an arrangement in respect of property in any participating State or a Territory at any time before the end of that financial year.
Uncommitted places at end of year treated as unused places for next financial year
(4) If a place remains uncommitted on 30 June of a relevant financial year, for the purposes of working out the number of unused places in a financial year, it is to be treated as an unused place for the next financial year.
Where place is committed, arrangement need not be entered into before end of financial year
(5) If a place is committed before the end of 30 June of the relevant financial year:
(a) Housing Australia may use the place, and enter into an arrangement in respect of the place, at any time before the end of 30 June of the next financial year; and
(b) at the end of that next financial year:
(i) subject to subparagraph (ii), the place may no longer be used, and an arrangement may no longer be entered into in respect of the place; and
(ii) for the purposes of working out the number of unused places in a financial year, it is to be treated as an unused place for the next financial year.