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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Help to Buy Bill 2023
No. , 2023
(Treasury)
A Bill for an Act to provide for Housing Australia
to enter into shared equity arrangements on behalf
of the Commonwealth to improve housing
outcomes for Australians, and for other purposes
No. , 2023
Help to Buy Bill 2023
i
Contents
Part 1
--
Preliminary
1
Division 1
--
Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Object of this Act............................................................................... 2
4
Simplified outline of this Act ............................................................ 2
Division 2
--
Definitions
4
5
Definitions ......................................................................................... 4
6
Meaning of
Help to Buy arrangement
............................................... 5
7
Meaning of
shared equity arrangement
............................................. 6
Division 3
--
Other matters
8
8
Crown to be bound ............................................................................ 8
Part 2
--
Help to Buy functions of Housing Australia
9
Division 1
--
Participating States and Territories
9
9
Purpose of this Division .................................................................... 9
10
Help to Buy functions of Housing Australia
--
participating
States and Territories ......................................................................... 9
11
Help to Buy powers of Housing Australia
--
participating
States and Territories ....................................................................... 10
12
Limitations on Help to Buy powers of Housing Australia
--
participating States and Territories .................................................. 11
13
Reporting
--
participating States and Territories .............................. 11
Division 2
--
Cooperating States
12
14
Purpose of this Division .................................................................. 12
15
Help to Buy functions of Housing Australia
--
cooperating
States ............................................................................................... 12
16
Help to Buy powers of Housing Australia
--
cooperating
States ............................................................................................... 13
17
Limitations on Help to Buy powers of Housing Australia
--
cooperating States ............................................................................ 13
18
Reporting
--
cooperating States ........................................................ 13
Division 3
--
Withdrawn States
14
19
Purpose of this Division .................................................................. 14
20
Help to Buy functions of Housing Australia
--
withdrawn
States ............................................................................................... 14
21
Help to Buy powers of Housing Australia
--
withdrawn
States ............................................................................................... 14
ii
Help to Buy Bill 2023
No. , 2023
22
Limitations on Help to Buy powers of Housing Australia
--
withdrawn States ............................................................................. 15
23
Reporting
--
withdrawn States .......................................................... 15
Part 3
--
Help to Buy Program Directions
16
24
Help to Buy Program Directions ..................................................... 16
25
Matters covered by Help to Buy Program Directions ...................... 16
26
Limits on Help to Buy Program Directions ..................................... 18
Part 4
--
Finance
19
27
Provision of contributions by Commonwealth ................................ 19
28
Payment of returns to Commonwealth ............................................ 19
Part 5
--
Miscellaneous
20
Division 1
--
Provisions relating to the constitutional basis of this
Act etc.
20
Subdivision A
--
General provisions
20
29
Simplified outline of this Division .................................................. 20
30
Definitions ....................................................................................... 21
31
Versions of this Act ......................................................................... 22
Subdivision B
--
Definitions of primary, residual and amendment
matters
22
32
Meaning of
primary matters
............................................................ 22
33
Meaning of
residual matters
............................................................ 23
34
Meaning of
amendment matters
...................................................... 23
Subdivision C
--
Definitions of participating, cooperating and
withdrawn States
25
35
Meaning of
participating State
........................................................ 25
36
Meaning of
cooperating State
......................................................... 26
37
Meaning of
withdrawn State
............................................................ 27
Subdivision D
--
Constitutional basis of provisions relating to
withdrawn States
27
38
Constitutional basis of provisions relating to withdrawn
States ............................................................................................... 27
Division 2
--
Interaction with other laws
29
Subdivision A
--
Interaction with other Commonwealth laws
29
39
Interaction with the
Housing Australia Act 2018
............................. 29
40
Application of the
Lands Acquisition Act 1989
............................... 29
Subdivision B
--
Interaction with State and Territory laws
29
41
Concurrent operation of State and Territory laws ............................ 29
No. , 2023
Help to Buy Bill 2023
iii
42
Avoiding inconsistency with State and Territory laws .................... 29
Division 3
--
Other matters
33
43
Review by Administrative Appeals Tribunal................................... 33
44
Matters to be included in annual reports .......................................... 33
45
Review of operation of Help to Buy program.................................. 33
Division 4
--
Legislative instruments
34
46
Approval of States and Territories required for regulations
and other legislative instruments ..................................................... 34
47
Regulations ...................................................................................... 35
Part 6
--
Application and transitional provisions
37
Division 1
--
Provisions relating to this Act as originally enacted
37
48
Consultation may occur wholly or partly before
commencement ................................................................................ 37
No. , 2023
Help to Buy Bill 2023
1
A Bill for an Act to provide for Housing Australia
1
to enter into shared equity arrangements on behalf
2
of the Commonwealth to improve housing
3
outcomes for Australians, and for other purposes
4
The Parliament of Australia enacts:
5
Part
1--Preliminary
6
Division
1--Preliminary
7
1 Short title
8
This Act is the
Help to Buy Act 2023
.
9
Part 1
Preliminary
Division 1
Preliminary
Section 2
2
Help to Buy Bill 2023
No. , 2023
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Object of this Act
13
The object of this Act is to give Housing Australia the function of
14
entering into shared equity arrangements on behalf of the
15
Commonwealth in relation to residential property to improve
16
housing outcomes for Australians by assisting low-income and
17
middle-income individuals to buy homes.
18
4 Simplified outline of this Act
19
This Act gives Housing Australia the function of entering, on
20
behalf of the Commonwealth, into shared equity arrangements
21
(known as Help to Buy arrangements) with buyers of residential
22
property in participating States and in Territories. It also gives
23
Housing Australia the function of continuing to administer existing
24
Help to Buy arrangements when a State stops being a participating
25
State.
26
Preliminary
Part 1
Preliminary
Division 1
Section 4
No. , 2023
Help to Buy Bill 2023
3
Note:
A State that has stopped being a participating State is either a
1
cooperating State or a withdrawn State.
2
In performing its Help to Buy functions, Housing Australia must
3
take all reasonable steps to comply with the directions given by the
4
Minister.
5
Housing Australia's contribution
s under Help to Buy arrangements
6
are funded by the Commonwealth, and Housing Australia must pay
7
to the Commonwealth all returns from those contributions.
8
Part 1
Preliminary
Division 2
Definitions
Section 5
4
Help to Buy Bill 2023
No. , 2023
Division
2--Definitions
1
5 Definitions
2
In this Act:
3
authority
of the Commonwealth includes:
4
(a) a Commonwealth company (within the meaning of the
Public
5
Governance, Performance and Accountability Act 2013
); and
6
(b) a Commonwealth entity (within the meaning of that Act).
7
Board
has the same meaning as in the
Housing Australia Act 2018
.
8
business day
means a day that is not a Saturday, a Sunday or a
9
public holiday in the Australian Capital Territory.
10
cooperating State
has the meaning given by section 36.
11
enter
into a shared equity arrangement has a meaning affected by
12
subsections 7(3) to (6).
13
extended consultation period
has the meaning given by
14
subsection 46(5).
15
Help to Buy arrangement
has the meaning given by section 6.
16
Help to Buy program
means:
17
(a) this Act; and
18
(b) the regulations; and
19
(c) the Help to Buy Program Directions; and
20
(d) any other legislative instrument made under this Act.
21
Help to Buy Program Directions
has the meaning given by
22
subsection 24(2).
23
minimum consultation period
has the meaning given by
24
subsection 46(3).
25
National Credit Code
has the same meaning as in the
National
26
Consumer Credit Protection Act 2009
.
27
Preliminary
Part 1
Definitions
Division 2
Section 6
No. , 2023
Help to Buy Bill 2023
5
participating State
has the meaning given by section 35.
1
residential property
:
2
(a) subject to paragraph (b), includes:
3
(i) residential property within the meaning of the National
4
Credit Code (disregarding paragraphs (e) and (f) of the
5
definition of
residential property
in subsection 204(1)
6
of the National Credit Code); and
7
(ii) anything prescribed
by the regulations for the purposes
8
of this subparagraph; and
9
(b) does not include anything prescribed by the regulations for
10
the purposes of this paragraph.
11
shared equity arrangement
has the meaning given by
12
subsections 7(1) and (2).
13
State or Territory home buyer scheme
means a scheme, program
14
or arrangement (whether temporary or otherwise) that:
15
(a) was established before, on or after the commencement of this
16
Act by an Act of a State, the Australian Capital Territory or
17
the Northern Territory; and
18
(b) provides financial or other types of assistance to individuals
19
towards the purchase of residential property.
20
State or Territory home buyer scheme law
means a law of a State,
21
the Australian Capital Territory or the Northern Territory, to the
22
extent that the law relates to a State or Territory home buyer
23
scheme.
24
withdrawn State
has the meaning given by section 37.
25
6 Meaning of
Help to Buy arrangement
26
(1) Subject to subsection (2), a
Help to Buy arrangement
is a shared
27
equity arrangement in relation to a residential property that
28
Housing Australia enters into, on behalf of the Commonwealth, in
29
the performance of Housing Australia's func
tion mentioned in
30
paragraph 10(1)(a).
31
Part 1
Preliminary
Division 2
Definitions
Section 7
6
Help to Buy Bill 2023
No. , 2023
(2) An arrangement in relation to residential property that Housing
1
Australia enters into in the performance of Housing Australia's
2
functions under the
Housing Australia Act 2018
is not a
Help to
3
Buy arrangement
.
4
(3) For the purposes of subsection (2) of this section, disregard
5
paragraph 8(1)(ca) of the
Housing Australia Act 2018
.
6
7 Meaning of
shared equity arrangement
7
Meaning of
shared equity arrangement
8
(1) Subject to subsection (2), a
shared equity arrangement
in relation
9
to a residential property is an arrangement or contract with one or
10
more individuals:
11
(a) under which Housing Australia, on behalf of the
12
Commonwealth:
13
(i) contributes (including by means of a loan) part of the
14
cost of the individual or individuals acquiring the
15
residential property; and
16
(ii) is entitled to a return on that contribution worked out, in
17
whole or in part, by reference to the value of the
18
residential property at one or more times; and
19
(iii) secures that entitlement by means of a mortgage or
20
other right relating to the residential property; or
21
(b) that is prescribed by the regulations for the purposes of this
22
paragraph.
23
(2) An arrangement or contract prescribed by the regulations for the
24
purposes of this subsection is not a
shared equity arrangement
in
25
relation to a residential property.
26
Variations
27
(3) Subject to subsection (5),
enter
into a shared equity arrangement
28
does not include vary a shared equity arrangement (even if the
29
variation changes the parties to the arrangement).
30
(4) Subsection (5) applies in relation to varying a shared equity
31
arrangement if:
32
Preliminary
Part 1
Definitions
Division 2
Section 7
No. , 2023
Help to Buy Bill 2023
7
(a) after the variation, the shared equity arrangement relates to
1
particular residential property; and
2
(b) before the variation, the arrangement did not relate to that
3
particular property.
4
(5) This Act applies in relation to the variation in the same way as it
5
applies in relation to entering into a shared equity arrangement in
6
relation to that particular residential property.
7
(6) A reference in subsections (3) to (5) to vary a shared equity
8
arrangement includes a reference to:
9
(a) vary a shared equity arrangement by entering into an
10
agreement that varies the arrangement; or
11
(b) agree to vary a shared equity arrangement.
12
Part 1
Preliminary
Division 3
Other matters
Section 8
8
Help to Buy Bill 2023
No. , 2023
Division
3--Other matters
1
8 Crown to be bound
2
(1) This Act binds the Crown in each of its capacities.
3
(2) This Act does not make the Crown liable to be prosecuted for an
4
offence.
5
Help to Buy functions of Housing Australia
Part 2
Participating States and Territories
Division 1
Section 9
No. , 2023
Help to Buy Bill 2023
9
Part
2--Help to Buy functions of Housing Australia
1
Division
1--Participating States and Territories
2
9 Purpose of this Division
3
This Division sets out the functions and powers of Housing
4
Australia under this Act in relation to:
5
(a) participating States; and
6
(b) Territories.
7
Note:
For
participating State
, see section 35.
8
10 Help to Buy functions of Housing Australia
--
participating States
9
and Territories
10
Functions
11
(1) Housing Australia has the following functions under this Act:
12
(a) to enter, on behalf of the Commonwealth, into shared equity
13
arrangements in relation to residential property located in a
14
participating State or a Territory, for the purpose of
15
improving housing outcomes for Australians in the way
16
described in section 3;
17
(b) to determine terms and conditions for such arrangements on
18
behalf of the Commonwealth;
19
(c) to administer such arrangements on behalf of the
20
Commonwealth;
21
(d) to monitor compliance with such arrangements;
22
(e) any other functions conferred on Housing Australia by this
23
Act (disregarding sections 15 and 20), to the extent that they
24
relate to a participating State or a Territory;
25
(f) any other functions, relating to a participating State or a
26
Territory, prescribed by the regulations for the purposes of
27
this paragraph;
28
(g) to do anything incidental or conducive to the performance of
29
the above functions.
30
Part 2
Help to Buy functions of Housing Australia
Division 1
Participating States and Territories
Section 11
10
Help to Buy Bill 2023
No. , 2023
(2) To avoid doubt, the terms and conditions mentioned in
1
paragraph (1)(b) include terms and conditions relating to:
2
(a) providing information to Housing Australia; or
3
(b) terminating Help to Buy arrangements; or
4
(c) consequences of non-compliance with Help to Buy
5
arrangements.
6
Obligation to act properly, efficiently and effectively etc.
7
(3) In performing a function mentioned in subsection (1), Housing
8
Australia must:
9
(a) act in a proper, efficient and effective
manner; and
10
(b) take all reasonable steps to comply with the Help to Buy
11
Program Directions.
12
11 Help to Buy powers of Housing Australia
--
participating States
13
and Territories
14
(1) Housing Australia has the power to do all things necessary or
15
convenient to be done for, or in connection with, the performance
16
of its functions mentioned in section 10.
17
(2) Without limiting subsection (1) of this section, Housing Australia
18
may, for the purpose of performing those functions, enter into
19
arrangements and contracts (whether on behalf of the
20
Commonwealth or in Housing Australia's own right) with a
ny
21
persons or entities, including:
22
(a) the Commonwealth, a State or a Territory; or
23
(b) an authority of the Commonwealth or of a State or Territory;
24
or
25
(c) any other organisation or body.
26
(3) Without limiting subsection (1) or (2), Housing Australia has the
27
powers (if any) prescribed by the regulations for the purposes of
28
this subsection in relation to the performance of those functions.
29
Help to Buy functions of Housing Australia
Part 2
Participating States and Territories
Division 1
Section 12
No. , 2023
Help to Buy Bill 2023
11
12 Limitations on Help to Buy powers of Housing Australia
--
1
participating States and Territories
2
Housing Australia must not enter into a Help to Buy arrangement
3
unless directions of the kind mentioned in subparagraph 24(1)(a)(i)
4
are in force.
5
13 Reporting
--
participating States and Territories
6
Without limiting paragraph 10(3)(b), Housing Australia must take
7
all reasonable steps to comply with any directions that:
8
(a) are included in the Help to Buy Program Directions as
9
mentioned in subsection 25(3); and
10
(b) are directions about reporting on matters relating to the
11
functions mentioned in section 10.
12
Part 2
Help to Buy functions of Housing Australia
Division 2
Cooperating States
Section 14
12
Help to Buy Bill 2023
No. , 2023
Division
2--Cooperating States
1
14 Purpose of this Division
2
This Division sets out the functions and powers of Housing
3
Australia under this Act in relation to cooperating States.
4
Note:
For
cooperating State
, see section 36.
5
15 Help to Buy functions of Housing Australia
--
cooperating States
6
Functions
7
(1) Housing Australia has the following functions under this Act:
8
(a) to administer, on behalf of the Commonwealth, Help to Buy
9
arrangements that:
10
(i) relate to residential property located in a cooperating
11
State; and
12
(ii) were entered into before the State stopped being a
13
participating State;
14
(b) to monitor compliance with such arrangements;
15
(c) any other functions conferred on Housing Australia by this
16
Act (disregarding sections 10 and 20), to the extent that they
17
relate to a cooperating State;
18
(d) any other functions, relating to a cooperating State,
19
prescribed by the regulations for the purposes of this
20
paragraph;
21
(e) to do anything incidental or conducive to the performance of
22
the above functions.
23
Obligation to act properly, efficiently and effectively etc.
24
(2) In performing a function mentioned in subsection (1), Housing
25
Australia must:
26
(a) act in a proper, efficient and effective manner; and
27
(b) take all reasonable steps to comply with the Help to Buy
28
Program Directions.
29
Help to Buy functions of Housing Australia
Part 2
Cooperating States
Division 2
Section 16
No. , 2023
Help to Buy Bill 2023
13
16 Help to Buy powers of Housing Australia
--
cooperating States
1
(1) Housing Australia has the power to do all things necessary or
2
convenient to be done for, or in connection with, the performance
3
of its functions mentioned in section 15.
4
(2) Without limiting subsection (1) of this section, Housing Australia
5
may, for the purpose of performing those functions, enter into
6
arrangements and contracts (whether on behalf of the
7
Commonwealth or in Housing Australia's own right) with any
8
persons or entities, including:
9
(a) the Commonwealth, a State or a Territory; or
10
(b) an authority of the Commonwealth or of a State or Territory;
11
or
12
(c) any other organisation or body.
13
(3) Without limiting subsection (1) or (2), Housing Australia has the
14
powers (if any) prescribed by the regulations for the purposes of
15
this subsection in relation to the performance of those functions.
16
17 Limitations on Help to Buy powers of Housing Australia
--
17
cooperating States
18
To avoid doubt, Housing Australia does not have the power under
19
this Division to enter into a shared equity arrangement in relation
20
to a residential property located in a cooperating State.
21
Note:
This section also prohibits Housing Australia from making certain
22
variations to a Help to Buy arrangement: see subsections 7(4) and (5).
23
18 Reporting
--
cooperating States
24
Without limiting paragraph 15(2)(b), Housing Australia must take
25
all reasonable steps to comply with any directions that:
26
(a) are included in the Help to Buy Program Directions as
27
mentioned in subsection 25(3); and
28
(b) are directions about reporting on matters relating to the
29
functions mentioned in section 15.
30
Part 2
Help to Buy functions of Housing Australia
Division 3
Withdrawn States
Section 19
14
Help to Buy Bill 2023
No. , 2023
Division
3--Withdrawn States
1
19 Purpose of this Division
2
This Division sets out the functions and powers of Housing
3
Australia under this Act in relation to withdrawn States.
4
Note:
For
withdrawn State
, see section 37.
5
20 Help to Buy functions of Housing Australia
--
withdrawn States
6
Functions
7
(1) Housing Australia has the following functions under this Act:
8
(a) to administer, on behalf of the Commonwealth, Help to Buy
9
arrangements that:
10
(i) relate to residential property located in a withdrawn
11
State; and
12
(ii) were entered into before the State stopped being a
13
participating State;
14
(b) any other functions conferred on Housing Australia by this
15
Act (disregarding sections 10 and 15), to the extent that they
16
relate to a withdrawn State.
17
Obligation to act properly, efficiently and effectively
18
(2) In performing a function mentioned in subsection (1), Housing
19
Australia must act in a proper, efficient and effective manner.
20
21 Help to Buy powers of Housing Australia
--
withdrawn States
21
(1) Housing Australia may, in administering a Help to Buy
22
arrangement that relates to residential property in a withdrawn
23
State as mentioned in paragraph 20(1)(a), do anything that the Help
24
to Buy arrangement:
25
(a) permits or requires Housing Australia to do (including do on
26
behalf of the Commonwealth); or
27
(b) permits or requires the Commonwealth to do.
28
Help to Buy functions of Housing Australia
Part 2
Withdrawn States
Division 3
Section 22
No. , 2023
Help to Buy Bill 2023
15
(2) Housing Australia has the power to do all things necessary or
1
convenient to be done for, or in connection with, the performance
2
of its functions mentioned in paragraph 20(1)(b).
3
22 Limitations on Help to Buy powers of Housing Australia
--
4
withdrawn States
5
(1) To avoid doubt, Housing Australia does not have the power under
6
this Division to enter into a shared equity arrangement in relation
7
to a residential property located in a withdrawn State.
8
Note:
This section also prohibits Housing Australia from making certain
9
variations to a Help to Buy arrangement: see subsections 7(4) and (5).
10
(2) Housing Australia does not have the power under this Division to
11
make a contribution under a Help to Buy arrangement relating to
12
residential property located in a withdrawn State.
13
23 Reporting
--
withdrawn States
14
Housing Australia must take all reasonable steps to comply with
15
any directions that:
16
(a) are included in the Help to Buy Program Directions as
17
mentioned in subsection 25(3); and
18
(b) are directions about reporting on matters relating to the
19
functions mentioned in section 20.
20
Part 3
Help to Buy Program Directions
Section 24
16
Help to Buy Bill 2023
No. , 2023
Part
3--Help to Buy Program Directions
1
2
24 Help to Buy Program Directions
3
(1) The Minister may, by legislative instrument, give the Board any of
4
the following directions:
5
(a) directions about the performance of:
6
(i)
Housing Australia's functions under this Act in relation
7
to participating States and Territories, mentioned in
8
section 10; or
9
(ii)
Housing Australia's functions under this Act in relation
10
to cooperating States, mentioned in section 15;
11
(b) directions of the kind mentioned in subsection 25(3) (about
12
reporting).
13
Note 1:
The Minister must consult with the participating and cooperating
14
States and the Territories before giving directions under this
15
subsection: see section 46.
16
Note 2:
Section 42 (disallowance) of the
Legislation Act 2003
does not apply
17
to the directions: see regulations made for the purposes of
18
paragraph 44(2)(b) of that Act.
19
(2) Directions given under subsection (1) together constitute the
Help
20
to Buy Program Directions
.
21
(3) In giving a direction under subsection (1), the Minister must have
22
regard to:
23
(a) the object of this Act; and
24
(b) any other matters the Minister considers relevant.
25
(4) The Minister must give at least one direction under
26
paragraph (1)(a).
27
25 Matters covered by Help to Buy Program Directions
28
(1) The Help to Buy Program Directions
may include directions about
29
the following in relation to the functions mentioned in
30
paragraph 24(1)(a):
31
Help to Buy Program Directions
Part 3
Section 25
No. , 2023
Help to Buy Bill 2023
17
(a) strategies and policies to be followed for the effective
1
performance of the functions;
2
(b) criteria for making decisions in the performance of the
3
functions;
4
(c) limits on entering into Help to Buy arrangements;
5
(d) internal review of decisions made by Housing Australia in
6
the performance of the functions;
7
(e) internal handling of complaints relating to the performance of
8
the functions;
9
(f) any other matters the Minister thinks appropriate.
10
(2) Without limiting subsection (1), the Help to Buy Program
11
Directions
may include directions about the following matters
12
relating to Help to Buy arrangements:
13
(a) the period, or periods, during which Housing Australia may
14
enter into Help to Buy arrangements;
15
(b) the number of residential properties in relation to which
16
Housing Australia may enter into Help to Buy arrangements;
17
(c) the kinds of residential properties in relation to which
18
Housing Australia may enter into Help to Buy arrangements;
19
(d) the amount, or amounts, that Housing Australia may
20
contribute under Help to Buy arrangements.
21
Reporting
22
(3) For the purposes of paragraph 24(1)(b), the Help to Buy Program
23
Directions
may include directions about reporting on matters
24
relating to:
25
(a)
Housing Australia's functions under this Act in relation to
26
participating States and Territories, mentioned in section 10;
27
or
28
(b) Ho
using Australia's functions under this Act in relation to
29
cooperating States, mentioned in section 15; or
30
(c)
Housing Australia's functions under this Act in relation to
31
withdrawn States, mentioned in section 20.
32
Part 3
Help to Buy Program Directions
Section 26
18
Help to Buy Bill 2023
No. , 2023
26 Limits on Help to Buy Program Directions
1
(1) The Minister must not give a direction under subsection 24(1) that
2
is inconsistent with this Act (including the object of this Act) or the
3
Housing Australia Act 2018
(including the object of that Act).
4
(2) The Minister must not give a direction under paragraph 24(1)(a)
5
that has the purpose, or has or is likely to have the effect, of
6
directly or indirectly requiring the Board or Housing Australia:
7
(a) to enter into a particular Help to Buy arrangement; or
8
(b) to enter into a Help to Buy arrangement in relation to a
9
particular residential property; or
10
(c) to enter into a Help to Buy arrangement with a particular
11
individual or individuals; or
12
(d) to take, or not to take, particular action relating to a Help to
13
Buy arrangement.
14
Finance
Part 4
Section 27
No. , 2023
Help to Buy Bill 2023
19
Part
4--Finance
1
2
27 Provision of contributions by Commonwealth
3
(1) The Commonwealth must pay to Housing Australia amounts to
4
enable Housing Australia to make contributions on behalf of the
5
Commonwealth under Help to Buy arrangements.
6
(2) Housing Australia must use amounts provided under subsection (1)
7
only for the purpose mentioned in that subsection.
8
(3) Housing Australia must make contributions on behalf of the
9
Commonwealth under Help to Buy arrangements only from
10
amounts paid to Housing Australia under subsection (1).
11
Appropriation
12
(4) Amounts payable under subsection (1) are to be paid out of the
13
Consolidated Revenue Fund, which is appropriated accordingly.
14
28 Payment of returns to Commonwealth
15
Housing Australia must pay to the Commonwealth as soon as
16
reasonably practicable:
17
(a) all amounts Housing Australia receives on behalf of the
18
Commonwealth under Help to Buy arrangements; and
19
(b) any interest Housing Australia receives in performing its
20
functions under this Act.
21
Part 5
Miscellaneous
Division 1
Provisions relating to the constitutional basis of this Act etc.
Section 29
20
Help to Buy Bill 2023
No. , 2023
Part
5--Miscellaneous
1
Division
1--Provisions relating to the constitutional basis
2
of this Act etc.
3
Subdivision A
--
General provisions
4
29 Simplified outline of this Division
5
Section 35 provides that a participating State is a State that:
6
(a) refers the primary matters (see section 32), the residual
7
matters (see section 33) and the amendment matters (see
8
section 34) to the Commonwealth; or
9
(b) adopts the primary and residual versions of this Act (see
10
section 31) and refers the amendment matters to the
11
Commonwealth.
12
Note:
Division 1 of Part 2 provides for Housing Australia to enter into and
13
administer Help to Buy arrangements in relation to residential property
14
located in a participating State.
15
Section 36 provides that a participating State becomes a
16
cooperating State if the State:
17
(a) terminates its reference of the primary matters, or its
18
adoption of the primary version of this Act; but
19
(b) does not terminate its other references or its adoption of
20
the residual version of this Act.
21
Note:
Division 2 of Part 2 provides for Housing Australia to administer Help
22
to Buy arrangements in relation to residential property located in a
23
cooperating State if the arrangements were entered into before the State
24
ceased to be a participating State. Housing Australia cannot enter into
25
new Help to Buy arrangements in relation to residential property located
26
in a cooperating State.
27
Section 37 provides that a participating or cooperating State
28
becomes a withdrawn State if the State terminates its reference of
29
the residual matters, its adoption of the residual version of this Act
30
or its reference of the amendment matters.
31
Miscellaneous
Part 5
Provisions relating to the constitutional basis of this Act etc.
Division 1
Section 30
No. , 2023
Help to Buy Bill 2023
21
Note:
Division 3 of Part 2 provides for Housing Australia to administer Help
1
to Buy arrangements in relation to residential property located in a
2
withdrawn State if the arrangements were entered into before the State
3
ceased to be a participating State. Housing Australia cannot enter into
4
new Help to Buy arrangements in relation to residential property located
5
in a withdrawn State.
6
To the extent this Act relates to withdrawn States, it relies on the
7
Commonweal
th's legislative powers other than the power under
8
paragraph 51(xxxvii) of the Constitution (see section 38 of this
9
Act).
10
30 Definitions
11
In this Division:
12
amendment matters
has the meaning given by subsection 34(1).
13
express amendment
has the meaning given by subsections 34(4)
14
and (5).
15
primary matters
has the meaning given by subsection 32(1).
16
primary version of this Act
has the meaning given by
17
subsection 31(2).
18
referral law
of a State means the law of the State that refers the
19
amendment matters to the Commonwealth Parliament.
20
referred primary provisions
has the meaning given by
21
subsection 32(3).
22
referred residual provisions
has the meaning given by
23
subsection 33(3).
24
relevant version of this Act
has the meaning given by
25
subsection 31(1).
26
residual matters
has the meaning given by subsection 33(1).
27
residual version of this Act
has the meaning given by
28
subsection 31(3).
29
Part 5
Miscellaneous
Division 1
Provisions relating to the constitutional basis of this Act etc.
Section 31
22
Help to Buy Bill 2023
No. , 2023
31 Versions of this Act
1
(1) For the purposes of this Division, the
relevant version of this Act
,
2
in relation to a State, is:
3
(a) if, at
the time the State's referral law was enacted, this Act
4
had not been enacted
--
this Act as originally enacted; or
5
(b) otherwise
--
this Act:
6
(i) as originally enacted; and
7
(ii) as amended from time to time, until the earliest time
8
that any provision of the S
tate's referral law
9
commences.
10
(2) For the purposes of this Division, the
primary version of this Act
is
11
the relevant version of this Act, excluding Divisions 2 and 3 of
12
Part 2, subparagraph 24(1)(a)(ii), paragraphs 25(3)(b) and (c) and
13
section 38 (which deal with the functions and powers of Housing
14
Australia in relation to cooperating States and withdrawn States).
15
(3) For the purposes of this Division, the
residual version of this Act
16
is the relevant version of this Act, excluding Divisions 1 and 3 of
17
Part 2, subparagraph 24(1)(a)(i), paragraphs 25(3)(a) and (c) and
18
section 38 (which deal with the functions and powers of Housing
19
Australia in relation to participating States, Territories and
20
withdrawn States).
21
Subdivision B
--
Definitions of primary, residual and
22
amendment matters
23
32 Meaning of
primary matters
24
(1) For the purposes of this Division, the
primary matters
are the
25
matters covered by subsection (2).
26
(2) This subsection covers the matters to which the referred primary
27
provisions relate, to the extent of making laws with respect to those
28
matters by including the referred primary provisions in the relevant
29
version of this Act.
30
(3) The
referred primary provisions
:
31
Miscellaneous
Part 5
Provisions relating to the constitutional basis of this Act etc.
Division 1
Section 33
No. , 2023
Help to Buy Bill 2023
23
(a) subject to paragraph (b), are the provisions of the relevant
1
version of this Act, to the extent that they deal with matters
2
that are included in the legislative powers of the Parliaments
3
of the States; and
4
(b) do not include Division 2 or 3 of Part 2,
5
subparagraph 24(1)(a)(ii), paragraph 25(3)(b) or (c) or
6
section 38 of the relevant version of this Act (which deals
7
with the functions and powers of Housing Australia in
8
relation to cooperating States or withdrawn States).
9
33 Meaning of
residual matters
10
(1) For the purposes of this Division, the
residual matters
are the
11
matters covered by subsection (2).
12
(2) This subsection covers the matters to which the referred residual
13
provisions relate, to the extent of making laws with respect to those
14
matters by including the referred residual provisions in the relevant
15
version of this Act.
16
(3) The
referred residual provisions
:
17
(a) subject to paragraph (b), are the provisions of the relevant
18
version of this Act, to the extent that they deal with matters
19
that are included in the legislative powers of the Parliaments
20
of the States; and
21
(b) do not include Division 1 or 3 of Part 2,
22
subparagraph 24(1)(a)(i), paragraph 25(3)(a) or (c) or
23
section 38 of the relevant version of this Act (which deals
24
with the functions and powers of Housing Australia in
25
relation to participating States and Territories or withdrawn
26
States).
27
34 Meaning of
amendment matters
28
Meaning of
amendment matters
29
(1) For the purposes of this Division, the
amendment matters
are the
30
matters covered by subsection (2).
31
Part 5
Miscellaneous
Division 1
Provisions relating to the constitutional basis of this Act etc.
Section 34
24
Help to Buy Bill 2023
No. , 2023
(2) Subject to subsection (3), this subsection covers the following
1
matters, to the extent of making laws with respect to those matters
2
by making express amendments of this Act:
3
(a) matters relating to the provision of Commonwealth financial
4
assistance
for the purpose of assisting individuals to buy a
5
home, where the financial assistance is provided under a
6
Help to Buy arrangement that:
7
(i) relates to residential property located in a State; and
8
(ii) is entered into while the State is a participating State;
9
(b) without limiting paragraph (a)
--
matters relating to:
10
(i) entering into Help to Buy arrangements that satisfy the
11
conditions in subparagraphs (a)(i) and (ii); and
12
(ii) administering Help to Buy arrangements of that kind;
13
and
14
(iii) monitoring compliance with Help to Buy arrangements
15
of that kind; and
16
(iv) doing anything incidental or conducive to anything
17
mentioned in subparagraph (i), (ii) or (iii).
18
(3) A reference in subsection (2) to making laws does not include a
19
reference to making laws that would have the effect of:
20
(a) giving Housing Australia, after a State stops being a
21
participating State, the function of entering into, or the power
22
to enter into, shared equity arrangements that relate to
23
residential property located in the State; or
24
(b) substantively removing or overriding:
25
(i) a provision of this Act that requires approval of the
26
State before certain things are done; or
27
(ii) subsections 42(1) to (3) of this Act.
28
Note:
Subsections 42(1) to (3) prevent inconsistencies arising in some cases
29
between the Help to Buy program and State and Territory laws, by
30
limiting the operation of the Help to Buy program.
31
Meaning of
express amendment
32
(4) Subject to subsection (5),
express amendment
is the direct
33
amendment of the text of this Act (whether by the insertion,
34
omission, repeal, substitution or relocation of words or matter).
35
Miscellaneous
Part 5
Provisions relating to the constitutional basis of this Act etc.
Division 1
Section 35
No. , 2023
Help to Buy Bill 2023
25
(5) To avoid doubt, the enactment by a Commonwealth Act of a
1
provision that has, or will have, substantive effect otherwise than
2
as part of the text of this Act is not
express amendment
.
3
Subdivision C
--
Definitions of participating, cooperating and
4
withdrawn States
5
35 Meaning of
participating State
6
When a State is a participating State
7
(1) For the purposes of this Act, a State is a
participating State
if, for
8
the purposes of paragraph 51(xxxvii) of the Constitution, the
9
Parliament of the State:
10
(a) refers the primary matters to the Commonwealth Parliament;
11
and
12
(b) refers the residual matters to the Commonwealth Parliament;
13
and
14
(c) refers the amendment matters to the Commonwealth
15
Parliament.
16
(2) A State is also a
participating State
if, for the purposes of
17
paragraph 51(xxxvii) of the Constitution, the Parliament of the
18
State:
19
(a) adopts the primary version of this Act; and
20
(b) adopts the residual version of this Act; and
21
(c) refers the amendment matters to the Commonwealth
22
Parliament.
23
(3) A State is a
participating State
under subsection (1) or (2) even if
24
the State's referral law, or another law of the State, provides that:
25
(a) a reference mentioned in subsection (1) or (2) is to terminate
26
in particular circumstances; or
27
(b) an adoption mentioned in subsection (2) is to terminate in
28
particular circumstances; or
29
(c) a reference mentioned in subsection (1) or (2) has effect only:
30
(i) if, and to the extent that, the matters referred are not
31
included in the legislative powers of the Commonwealth
32
Part 5
Miscellaneous
Division 1
Provisions relating to the constitutional basis of this Act etc.
Section 36
26
Help to Buy Bill 2023
No. , 2023
Parliament (otherwise than by a reference under
1
paragraph 51(xxxvii) of the Constitution); or
2
(ii) if, and to the extent that, the matters referred are
3
included in the legislative powers of the Parliament of
4
the State.
5
When a State stops being a participating State
6
(4) A State stops being a
participating State
if:
7
(a) in a case where the State is a participating State under
8
subsection (1)
--
a reference mentioned in that subsection
9
terminates; or
10
(b) in a case where the State is a participating State under
11
subsection (2)
--
an adoption, or the reference, mentioned in
12
that subsection terminates.
13
36 Meaning of
cooperating State
14
When a State is a cooperating State
15
(1) For the purposes of this Act, a State is a
cooperating State
if the
16
State:
17
(a) was a participating State under subsection 35(1); and
18
(b) has stopped being a participating State because it terminated
19
its reference of the primary matters; and
20
(c) has not terminated its reference of the residual matters; and
21
(d) has not terminated its reference of the amendment matters.
22
(2) A State is also a
cooperating State
if the State:
23
(a) was a participating State under subsection 35(2); and
24
(b) has stopped being a participating State because it terminated
25
its adoption of the primary version of this Act; and
26
(c) has not terminated its adoption of the residual version of this
27
Act; and
28
(d) has not terminated its reference of the amendment matters.
29
When a State stops being a cooperating State
30
(3) A State stops being a
cooperating State
if:
31
Miscellaneous
Part 5
Provisions relating to the constitutional basis of this Act etc.
Division 1
Section 37
No. , 2023
Help to Buy Bill 2023
27
(a) in a case where the State is a cooperating State under
1
subsection (1) of this section
--
a reference mentioned in
2
paragraph (1)(c) or (d) terminates; or
3
(b) in a case where the State is a cooperating State under
4
subsection (2)
--
the adoption mentioned in paragraph (2)(c),
5
or the reference mentioned in paragraph (2)(d), terminates.
6
37 Meaning of
withdrawn State
7
(1) For the purposes of this Act, a State is a
withdrawn State
if the
8
State:
9
(a) has stopped being a participating State; and
10
(b) is not a cooperating State.
11
(2) To avoid doubt, subsection (1) applies whether:
12
(a) the State became a cooperating State when it stopped being a
13
participating State, but has since stopped being a cooperating
14
State; or
15
(b) the State was never a cooperating State.
16
Subdivision D
--
Constitutional basis of provisions relating to
17
withdrawn States
18
38 Constitutional basis of provisions relating to withdrawn States
19
(1) The provisions mentioned in subsection (2) rely on the legislative
20
powers that the Commonwealth Parliament has under the
21
Constitution (other than paragraph 51(xxxvii) of the Constitution),
22
including the legislative power that the Parliament has under the
23
Constitution with respect to:
24
(a) the executive power of the Commonwealth (including
25
matters incidental to the execution of the executive power of
26
the Commonwealth); or
27
(b) matters incidental to the execution of any of the legislative
28
powers of the Parliament.
29
(2) For the purposes of subsection (1), the provisions are:
30
(a) Division 3 of Part 2; and
31
(b) paragraph 25(3)(c); and
32
Part 5
Miscellaneous
Division 1
Provisions relating to the constitutional basis of this Act etc.
Section 38
28
Help to Buy Bill 2023
No. , 2023
(c) the other provisions of this Act, to the extent the other
1
provisions relate to Housing Australia performing its
2
functions under this Act in relation to a withdrawn State; and
3
(d) the provisions of the
Housing Australia Act 2018
, to the
4
extent the provisions relate to Housing Australia performing
5
its functions under this Act in relation to a withdrawn State.
6
Miscellaneous
Part 5
Interaction with other laws
Division 2
Section 39
No. , 2023
Help to Buy Bill 2023
29
Division
2--Interaction with other laws
1
Subdivision A
--
Interaction with other Commonwealth laws
2
39 Interaction with the
Housing Australia Act 2018
3
This Act does not limit the
Housing Australia Act 2018
.
4
40 Application of the
Lands Acquisition Act 1989
5
The
Lands Acquisition Act 1989
does not apply in relation to
6
anything done under this Act.
7
Subdivision B
--
Interaction with State and Territory laws
8
41 Concurrent operation of State and Territory laws
9
(1) This Act is not intended to exclude or limit the operation of a law
10
of a State or Territory to the extent that the law is capable of
11
operating concurrently with this Act.
12
(2) Without limiting subsection (1), this Act is not intended to exclude
13
or limit the concurrent operation of a State or Territory home buyer
14
scheme law merely because the law relates to a State or Territory
15
home buyer scheme.
16
(3) This section does not apply to a law of a State or Territory if there
17
is a direct inconsistency between this Act and that law.
18
Note:
Section 42 prevents inconsistencies arising in some cases by limiting
19
the operation of the Help to Buy program.
20
42 Avoiding inconsistency with State and Territory laws
21
This section overrides other provisions of Help to Buy program
22
(1) This section has effect despite anything else in the Help to Buy
23
program.
24
Part 5
Miscellaneous
Division 2
Interaction with other laws
Section 42
30
Help to Buy Bill 2023
No. , 2023
When this section does not apply to a State or Territory law
1
(2) Subsection (3) does not apply to a provision of a law of a State or
2
Territory that is capable of concurrent operation with the Help to
3
Buy program.
4
Note:
This kind of provision is dealt with by section 41.
5
Displacement of provisions of Help to Buy program
6
(3) Subject to subsection (4), a provision of the Help to Buy program
7
does not operate in or in relation to a participating State, a
8
cooperating State, the Australian Capital Territory or the Northern
9
Territory to the extent necessary to ensure that no inconsistency
10
arises between:
11
(a) the provision of the Help to Buy program; and
12
(b) a provision of a law of a State, the Australian Capital
13
Territory or the Northern Territory that is a law dealing
14
predominantly with:
15
(i) residential property; or
16
(ii) taxation;
17
to the extent to which the provision of the law of the State or
18
Territory would, apart from this subsection, be inconsistent
19
with the provision of the Help to Buy program.
20
(4) If:
21
(a) disregarding subsection (3) and this subsection, Housing
22
Australia, on behalf of the Commonwealth:
23
(i) is entitled under a Help to Buy arrangement to a return
24
on a contribution made under the Help to Buy
25
arrangement; or
26
(ii) under a Help to Buy arrangement, secures such an
27
entitlement by means of a mortgage or other right
28
relating to a residential property; and
29
(b) apart from this subsection, an effect of subsection (3) would
30
be:
31
(i) that Housing Australia is not entitled to that return, or
32
does not secure that entitlement in that way; or
33
Miscellaneous
Part 5
Interaction with other laws
Division 2
Section 42
No. , 2023
Help to Buy Bill 2023
31
(ii) to diminish or restrict that entitlement or security or
1
Housing Australia's functions or powers in relation to
2
that entitlement or security;
3
subsection (3) does not apply to the extent that it would otherwise
4
have the effect described in paragraph (b) of this subsection.
5
(5) To avoid doubt, in subsection (4):
6
(a) a reference to a Help to Buy arrangement includes a
7
reference to a Help to Buy arrangement that Housing
8
Australia would be taken to have entered into if
9
subsection (3) were disregarded; and
10
(b) a reference to a contribution made under a Help to Buy
11
arrangement includes a reference to a contribution Housing
12
Australia would be taken to have made, on behalf of the
13
Commonwealth, under a Help to Buy arrangement if
14
subsection (3) were disregarded; and
15
(c)
a reference to Housing Australia's functions or powers in
16
relation to an entitlement or security includes a reference to
17
Housing Australia's functions or powers in relation to a Help
18
to Buy arrangement, to the extent that the Help to Buy
19
arrangement relates to the entitlement or security.
20
Modification of Help to Buy program
21
(6) Subject to subsection (8), the Minister may, by legislative
22
instrument, modify the operation of the Help to Buy program if the
23
Minister is satisfied that modification is necessary or desirable
24
because of the effect of subsection (3) on the operation of a
25
provision of the Help to Buy program.
26
(7) To avoid doubt:
27
(a) without limiting subsection (6), the Minister may make an
28
instrument under that subsection because of an effect that
29
subsection (3) might or will have in the future; and
30
(b) a modification made by such an instrument must not
31
commence before subsection (3) begins to have that effect.
32
(8) To avoid doubt, a legislative instrument made under subsection (6)
33
may not do the following:
34
(a) create an offence or civil penalty;
35
Part 5
Miscellaneous
Division 2
Interaction with other laws
Section 42
32
Help to Buy Bill 2023
No. , 2023
(b) provide powers of:
1
(i) arrest or detention; or
2
(ii) entry, search or seizure;
3
(c) impose a tax;
4
(d) set an amount to be appropriated from the Consolidated
5
Revenue Fund under an appropriation in this Act;
6
(e) directly amend the text of this Act.
7
Miscellaneous
Part 5
Other matters
Division 3
Section 43
No. , 2023
Help to Buy Bill 2023
33
Division
3--Other matters
1
43 Review by Administrative Appeals Tribunal
2
The regulations may provide that applications may be made to the
3
Administrative Appeals Tribunal for review of specified decisions
4
of Housing Australia made in the performance of its functions
5
mentioned in sections 10 and 15.
6
44 Matters to be included in annual reports
7
The annual report prepared by the Board and given to the Minister
8
under section 46 of the
Public Governance, Performance and
9
Accountability Act 2013
for a period must include particulars of:
10
(a) any changes to the Help to Buy Program Directions
during
11
the period; and
12
(b) the impact of the changes on the operations of Housing
13
Australia.
14
Note 1:
Section 46 of the
Public Governance, Performance and
15
Accountability Act 2013
requires the Board to prepare annual reports.
16
Note 2:
See also section 56 of the
Housing Australia Act 2018
and
17
subsection 25(3) of this Act.
18
45 Review of operation of Help to Buy program
19
(1) The Minister must cause a review of the operation of the Help to
20
Buy program to be undertaken as soon as possible after the end of
21
3 years after the commencement of this Part.
22
(2) The persons undertaking the review must give the Minister a
23
written report of the review. The report must not include:
24
(a) personal information (within the meaning of the
Privacy Act
25
1988
); or
26
(b) information that is commercially sensitive.
27
(3) The Minister must cause a copy of the report of the review to be
28
tabled in each House of the Parliament within 15 sitting days of
29
that House after the report is given to the Minister.
30
Part 5
Miscellaneous
Division 4
Legislative instruments
Section 46
34
Help to Buy Bill 2023
No. , 2023
Division
4--Legislative instruments
1
46 Approval of States and Territories required for regulations and
2
other legislative instruments
3
(1) The Governor-General must not make regulations under this Act
4
(including regulations amending other regulations made under this
5
Act), and the Minister must not make a legislative instrument
6
under this Act (including a legislative instrument amending another
7
legislative instrument made under this Act), unless the Minister is
8
satisfied that:
9
(a) each State and Territory to which subsection (2) applies has
10
been notified in writing of the proposal to make the
11
regulations or legislative instrument; and
12
(b) the following consultation period has ended:
13
(i) if the extended consultation period does not apply
--
the
14
minimum consultation period;
15
(ii) if the extended consultation period applies
--
the
16
extended consultation period; and
17
(c) during that consultation period none of those States and
18
Territories objected, by written notice given to the Minister,
19
to the making of the regulations or legislative instrument.
20
(2) This subsection applies to:
21
(a) each State that, when the regulations or legislative instrument
22
is made, is a participating State or a cooperating State; and
23
(b) the Australian Capital Territory; and
24
(c) the Northern Territory.
25
Consultation periods
26
(3) The
minimum consultation period
is the period that:
27
(a) started when a State or Territory was first notified of the
28
proposal as mentioned in paragraph (1)(a); and
29
(b) ended on the 20th business day after the last day on which a
30
State or Territory was notified as mentioned in that
31
paragraph.
32
Miscellaneous
Part 5
Legislative instruments
Division 4
Section 47
No. , 2023
Help to Buy Bill 2023
35
(4) For the purposes of paragraph (1)(b), the extended consultation
1
period applies if:
2
(a) the regulations or legislative instrument amends other
3
regulations or another legislative instrument; and
4
(b) during the period that:
5
(i) started at the start of the minimum consultation period;
6
and
7
(ii) ended on the tenth business day after the last day on
8
which a State or Territory was notified of the proposal
9
as mentioned in paragraph (1)(a);
10
a State or Territory to which subsection (2) applies gave to
11
the Minister written notice that the State or Territory required
12
an additional 15 business days to consider the proposal.
13
(5) The
extended consultation period
is the period that:
14
(a) started at the start of the minimum consultation period; and
15
(b) ended on the 35th business day after the last day on which a
16
State or Territory was notified of the proposal as mentioned
17
in paragraph (1)(a).
18
Making objections
19
(6) For the purposes of paragraph (1)(c), the Minister must disregard
20
an objection by a State or Territory if:
21
(a) the objection was not made by written notice given to the
22
Minister; or
23
(b) without limiting paragraph (a) of this subsection
--
any law of
24
the State or Territory relating to the making of such an
25
objection was not complied with in relation to the objection.
26
Consultation requirements under the Legislation Act 2003
27
(7) This section does not limit section 17 of the
Legislation Act 2003
.
28
47 Regulations
29
(1) The Governor-General may make regulations prescribing matters:
30
(a) required or permitted by this Act to be prescribed by the
31
regulations; or
32
Part 5
Miscellaneous
Division 4
Legislative instruments
Section 47
36
Help to Buy Bill 2023
No. , 2023
(b) necessary or convenient to be prescribed for carrying out or
1
giving effect to this Act.
2
Note 1:
Section 10 of the
Legislation Act 2003
declares regulations to be
3
legislative instruments.
4
Note 2:
See also section 46 of this Act.
5
(2) Despite subsection 14(2) of the
Legislation Act 2003
, the
6
regulations may apply, adopt or incorporate any matter contained
7
in the Help to Buy Program Directions as in force or existing from
8
time to time.
9
Application and transitional provisions
Part 6
Provisions relating to this Act as originally enacted
Division 1
Section 48
No. , 2023
Help to Buy Bill 2023
37
Part
6--Application and transitional provisions
1
Division
1--Provisions relating to this Act as originally
2
enacted
3
48 Consultation may occur wholly or partly before commencement
4
A reference in section 46 to a notice being given includes a
5
reference to the notice being given before the commencement of
6
this section.
7