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HELP TO BUY ACT 2024 (NO. 124, 2024) - NOTES

No. 124, 2024

 

 

 

 

 

 

 

 

Contents

Part 1--Preliminary

Division 1--Preliminary

1 Short title

2 Commencement

3 Object of this Act

4 Simplified outline of this Act

Division 2--Definitions

5 Definitions

6 Meaning of Help to Buy arrangement

7 Meaning of shared equity arrangement

Division 3--Other matters

8 Crown to be bound

Part 2--Help to Buy functions of Housing Australia

Division 1--Participating States and Territories

9 Purpose of this Division

10 Help to Buy functions of Housing Australia--participating States and Territories

11 Help to Buy powers of Housing Australia--participating States and Territories

12 Limitations on Help to Buy powers of Housing Australia--participating States and Territories

13 Reporting--participating States and Territories

Division 2--Cooperating States

14 Purpose of this Division

15 Help to Buy functions of Housing Australia--cooperating States

16 Help to Buy powers of Housing Australia--cooperating States

17 Limitations on Help to Buy powers of Housing Australia--cooperating States

18 Reporting--cooperating States

Division 3--Withdrawn States

19 Purpose of this Division

20 Help to Buy functions of Housing Australia--withdrawn States

21 Help to Buy powers of Housing Australia--withdrawn States

22 Limitations on Help to Buy powers of Housing Australia--withdrawn States

23 Reporting--withdrawn States

Part 3--Help to Buy Program Directions

24 Help to Buy Program Directions

25 Matters covered by Help to Buy Program Directions

26 Limits on Help to Buy Program Directions

Part 4--Finance

27 Provision of contributions by Commonwealth

28 Payment of returns to Commonwealth

Part 5--Miscellaneous

Division 1--Provisions relating to the constitutional basis of this Act etc.

Subdivision A--General provisions

29 Simplified outline of this Division

30 Definitions

31 Versions of this Act

Subdivision B--Definitions of primary, residual and amendment matters

32 Meaning of primary matters

33 Meaning of residual matters

34 Meaning of amendment matters

Subdivision C--Definitions of participating, cooperating and withdrawn States

35 Meaning of participating State

36 Meaning of cooperating State

37 Meaning of withdrawn State

Subdivision D--Constitutional basis of provisions relating to withdrawn States

38 Constitutional basis of provisions relating to withdrawn States

Division 2--Interaction with other laws

Subdivision A--Interaction with other Commonwealth laws

39 Interaction with the Housing Australia Act 2018

40 Application of the Lands Acquisition Act 1989

Subdivision B--Interaction with State and Territory laws

41 Concurrent operation of State and Territory laws

41A When Help to Buy program does not apply--exclusion by law of State or Territory

42 Avoiding inconsistency with State and Territory laws

42A Declarations and regulations

42B Excluded provisions

42C Preservation of Commonwealth entitlement and security

42D Modification of Help to Buy program

Division 3--Other matters

43 Review by Administrative Appeals Tribunal

44 Matters to be included in annual reports

45 Review of operation of Help to Buy program

Division 4--Legislative instruments

46 Approval of States and Territories required for regulations and other legislative instruments

47 Regulations

Part 6--Application and transitional provisions

Division 1--Provisions relating to this Act as originally enacted

48 Consultation may occur wholly or partly before commencement

 

Commonwealth Coat of Arms of Australia

 

 

Help to Buy Act 2024

No. 124, 2024

 

 

 

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

[Assented to 10 December 2024]

The Parliament of Australia enacts:


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