under which Housing Australia, on behalf of the Commonwealth:

contributes (including by means of a loan) part of the cost of the individual or individuals acquiring the residential property; and

is entitled to a return on that contribution worked out, in whole or in part, by reference to the value of the residential property at one or more times; and

secures that entitlement by means of a mortgage or other right relating to the residential property; or

that is prescribed by the regulations for the purposes of this paragraph.

after the variation, the shared equity arrangement relates to particular residential property; and

before the variation, the arrangement did not relate to that particular property.

vary a shared equity arrangement by entering into an agreement that varies the arrangement; or

agree to vary a shared equity arrangement.

to enter, on behalf of the Commonwealth, into shared equity arrangements in relation to residential property located in a participating State or a Territory, for the purpose of improving housing outcomes for Australians in the way described in section 3;

to determine terms and conditions for such arrangements on behalf of the Commonwealth;

to administer such arrangements on behalf of the Commonwealth;

to monitor compliance with such arrangements;

any other functions conferred on Housing Australia by this Act (disregarding sections 15 and 20), to the extent that they relate to a participating State or a Territory;

any other functions, relating to a participating State or a Territory, prescribed by the regulations for the purposes of this paragraph;

to do anything incidental or conducive to the performance of the above functions.

providing information to Housing Australia; or

terminating Help to Buy arrangements; or

consequences of non-compliance with Help to Buy arrangements.

Obligation to act properly, efficiently and effectively etc.

(a) act in a proper, efficient and effective manner; and

take all reasonable steps to comply with the Help to Buy Program Directions.

the Commonwealth, a State or a Territory; or

an authority of the Commonwealth or of a State or Territory; or

any other organisation or body.

to administer, on behalf of the Commonwealth, Help to Buy arrangements that:

relate to residential property located in a cooperating State; and

were entered into before the State stopped being a participating State;

to monitor compliance with such arrangements;

any other functions conferred on Housing Australia by this Act (disregarding sections 10 and 20), to the extent that they relate to a cooperating State;

any other functions, relating to a cooperating State, prescribed by the regulations for the purposes of this paragraph;

to do anything incidental or conducive to the performance of the above functions.

Obligation to act properly, efficiently and effectively etc.

act in a proper, efficient and effective manner; and

take all reasonable steps to comply with the Help to Buy Program Directions.

the Commonwealth, a State or a Territory; or

an authority of the Commonwealth or of a State or Territory; or

any other organisation or body.

to administer, on behalf of the Commonwealth, Help to Buy arrangements that:

relate to residential property located in a withdrawn State; and

were entered into before the State stopped being a participating State;

any other functions conferred on Housing Australia by this Act (disregarding sections 10 and 15), to the extent that they relate to a withdrawn State.

Obligation to act properly, efficiently and effectively

permits or requires Housing Australia to do (including do on behalf of the Commonwealth); or

permits or requires the Commonwealth to do.

if, at the time the State’s referral law was enacted, this Act had not been enacted—this Act as originally enacted; or

otherwise—this Act:

as originally enacted; and

as amended from time to time, until the earliest time that any provision of the State’s referral law commences.

subject to paragraph (b), are the provisions of the relevant version of this Act, to the extent that they deal with matters that are included in the legislative powers of the Parliaments of the States; and

do not include Division 2 or 3 of Part 2, subparagraph 24(1)(a)(ii), paragraph 25(3)(b) or (c) or section 38 of the relevant version of this Act (which deals with the functions and powers of Housing Australia in relation to cooperating States or withdrawn States).

subject to paragraph (b), are the provisions of the relevant version of this Act, to the extent that they deal with matters that are included in the legislative powers of the Parliaments of the States; and

do not include Division 1 or 3 of Part 2, subparagraph 24(1)(a)(i), paragraph 25(3)(a) or (c) or section 38 of the relevant version of this Act (which deals with the functions and powers of Housing Australia in relation to participating States and Territories or withdrawn States).

(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:

relates to residential property located in a State; and

is entered into while the State is a participating State;

without limiting paragraph (a)—matters relating to:

entering into Help to Buy arrangements that satisfy the conditions in subparagraphs (a)(i) and (ii); and

administering Help to Buy arrangements of that kind; and

monitoring compliance with Help to Buy arrangements of that kind; and

doing anything incidental or conducive to anything mentioned in subparagraph (i), (ii) or (iii).

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

substantively removing or overriding:

a provision of this Act that requires approval of the State before certain things are done; or

section 41, 41A or 42 of this Act.

Meaning of express amendment

refers the primary matters to the Commonwealth Parliament; and

refers the residual matters to the Commonwealth Parliament; and

refers the amendment matters to the Commonwealth Parliament.

adopts the primary version of this Act; and

adopts the residual version of this Act; and

refers the amendment matters to the Commonwealth Parliament.

a reference mentioned in subsection (1) or (2) is to terminate in particular circumstances; or

an adoption mentioned in subsection (2) is to terminate in particular circumstances; or

a reference mentioned in subsection (1) or (2) has effect only:

if, and to the extent that, the matters referred are not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or

if, and to the extent that, the matters referred are included in the legislative powers of the Parliament of the State.

When a State stops being a participating State

in a case where the State is a participating State under subsection (1)—a reference mentioned in that subsection terminates; or

in a case where the State is a participating State under subsection (2)—an adoption, or the reference, mentioned in that subsection terminates.

was a participating State under subsection 35(1); and

has stopped being a participating State because it terminated its reference of the primary matters; and

has not terminated its reference of the residual matters; and

has not terminated its reference of the amendment matters.

was a participating State under subsection 35(2); and

has stopped being a participating State because it terminated its adoption of the primary version of this Act; and

has not terminated its adoption of the residual version of this Act; and

has not terminated its reference of the amendment matters.

When a State stops being a cooperating State

in a case where the State is a cooperating State under subsection (1) of this section—a reference mentioned in paragraph (1)(c) or (d) terminates; or

in a case where the State is a cooperating State under subsection (2)—the adoption mentioned in paragraph (2)(c), or the reference mentioned in paragraph (2)(d), terminates.

has stopped being a participating State; and

is not a cooperating State.

the State became a cooperating State when it stopped being a participating State, but has since stopped being a cooperating State; or

the State was never a cooperating State.

Subdivision D—Constitutional basis of provisions relating to withdrawn States

the executive power of the Commonwealth (including matters incidental to the execution of the executive power of the Commonwealth); or

matters incidental to the execution of any of the legislative powers of the Parliament.

Division 3 of Part 2; and

paragraph 25(3)(c); and

the other provisions of this Act, to the extent the other provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State; and

(d) the provisions of the Housing Australia Act 2018, to the extent the provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State.

the whole of the Help to Buy program; or

a specified provision of the Help to Buy program; or

the Help to Buy program, other than a specified provision; or

the Help to Buy program, otherwise than to a specified extent.

(a) a provision of a law of a participating State, a cooperating State, the Australian Capital Territory or the Northern Territory (the displacement provision); and

(b) a provision of the Help to Buy program (the Commonwealth provision), other than a provision mentioned in section 42B;

only if the displacement provision is declared by a law of the State or Territory to be a Help to Buy program displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision).

the Commonwealth provision; and

the displacement provision to the extent to which the displacement provision would, apart from this subsection, be inconsistent with the Commonwealth provision.

a matter is an excluded matter for the purposes of section 41A; or

a provision of a law of the State or Territory is a Help to Buy program displacement provision for the purposes of section 42;

takes effect at the later of the following times, if the declaration would otherwise take effect before that time:

the commencement of this Act;

when the declaring law is enacted or made.

Regulations

disregarding sections 41A and 42 and this section, Housing Australia, on behalf of the Commonwealth:

is entitled under a Help to Buy arrangement to a return on a contribution made under the Help to Buy arrangement; or

under a Help to Buy arrangement, secures such an entitlement by means of a mortgage or other right relating to a residential property; and

apart from this subsection, an effect of section 41A or 42 would be:

that Housing Australia is not entitled to that return, or does not secure that entitlement in that way; or

to diminish or restrict that entitlement or security or Housing Australia’s functions or powers in relation to that entitlement or security;

section 41A or 42 does not apply to the extent that it would otherwise have the effect described in paragraph (b) of this subsection.

a reference to a Help to Buy arrangement includes a reference to a Help to Buy arrangement that Housing Australia would be taken to have entered into if section 41A or 42 were disregarded; and

a reference to a contribution made under a Help to Buy arrangement includes a reference to a contribution Housing Australia would be taken to have made, on behalf of the Commonwealth, under a Help to Buy arrangement if section 41A or 42 were disregarded; and

a reference to Housing Australia’s functions or powers in relation to an entitlement or security includes a reference to Housing Australia’s functions or powers in relation to a Help to Buy arrangement, to the extent that the Help to Buy arrangement relates to the entitlement or security.

without limiting subsection (1) of this section, the Minister may make an instrument under that subsection because of an effect that section 41A or 42 might or will have in the future; and

a modification made by such an instrument must not commence before section 41A or 42 begins to have that effect.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act;

substantively remove or override section 41A or 42.

(a) personal information (within the meaning of the Privacy Act 1988); or

information that is commercially sensitive.

each State and Territory to which subsection (2) applies has been notified in writing of the proposal to make the regulations or legislative instrument; and

the following consultation period has ended:

if the extended consultation period does not apply—the minimum consultation period;

if the extended consultation period applies—the extended consultation period; and

during that consultation period none of those States and Territories objected, by written notice given to the Minister, to the making of the regulations or legislative instrument.

each State that, when the regulations or legislative instrument is made, is a participating State or a cooperating State; and

the Australian Capital Territory; and

the Northern Territory.

Consultation periods

started when a State or Territory was first notified of the proposal as mentioned in paragraph (1)(a); and

ended on the 20th business day after the last day on which a State or Territory was notified as mentioned in that paragraph.

the regulations or legislative instrument amends other regulations or another legislative instrument; and

during the period that:

started at the start of the minimum consultation period; and

ended on the tenth business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a);

a State or Territory to which subsection (2) applies gave to the Minister written notice that the State or Territory required an additional 15 business days to consider the proposal.

started at the start of the minimum consultation period; and

ended on the 35th business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a).

Making objections

the objection was not made by written notice given to the Minister; or

without limiting paragraph (a) of this subsection—any law of the State or Territory relating to the making of such an objection was not complied with in relation to the objection.

Consultation requirements under the Legislation Act 2003

required or permitted by this Act to be prescribed by the regulations; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.