Help to Buy (Commonwealth Powers) Act 2024

The following matters are referred to the Parliament of the Commonwealth—

the matters to which the referred primary provisions relate, but only to the extent of making laws with respect to those matters by including those provisions in a Commonwealth Act enacted in the terms, or substantially in the terms, set out in the scheduled text;

the matters to which the referred residual provisions relate, but only to the extent of making laws with respect to those matters by including those provisions in a Commonwealth Act enacted in the terms, or substantially in the terms, set out in the scheduled text;

the amendment matters, but only to the extent of making laws with respect to those matters by making express amendments of the Commonwealth Help to Buy Act.

The reference in subsection (1)(c) to making laws does not include making a law that would have the effect of—

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 the Commonwealth Help to Buy Act that requires approval of the State before certain things are done; or

the Commonwealth Help to Buy Act, section 41, 41A or 42.

The reference of a matter under subsection (1) has effect only if and to the extent—

the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51(xxxvii) of the Commonwealth Constitution); and

the matter is included in the legislative powers of the Parliament of the State.

The operation of each paragraph of subsection (1) is not affected by any of the other paragraphs.

The reference of a matter under subsection (1)—

takes effect when this section commences; and

has effect only until the end of the expiry day for the reference fixed under section 5, if any.