Help to Buy Act 2024 (Cth)

Help to Buy Act 2024

No. 124, 2024

Compilation No. 1

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Help to Buy Act 2024 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

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 Review 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 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history