Homes Tasmania Act 2022

Subject to this Act – a sale of land under this Part is to be at the price, and on the terms and conditions, that Homes Tasmania determines; and a transfer, other than by sale, of land under this Part is to be on the terms and conditions that Homes Tasmania determines.

The terms and conditions are to be determined for the purposes of subsection (1) by Homes Tasmania – in the contract for sale, or the transfer of the land, to which the terms and conditions relate; or as part of an arrangement under section 75, in relation to the land, to which the terms and conditions relate.

Despite subsection (2), Homes Tasmania must, if required by a direction under subsection (4), ensure that the terms and conditions determined by Homes Tasmania under subsection (2) – include, or are constituted by, as the case may be; and are consistent with – any terms or conditions that Homes Tasmania is directed to determine in accordance with subsection (4).

The Minister may direct Homes Tasmania as to the terms and conditions for the purposes of subsection (1) that Homes Tasmania is to include – in a particular contract for sale or transfer, or all contracts or transfers of land; or in a particular arrangement, or all arrangements, under section 75.

The terms and conditions determined by Homes Tasmania for the purposes of subsection (1), or included by the Minister in a direction under subsection (4), in relation to land must include terms and conditions that are, in the opinion of Homes Tasmania, or the Minister, respectively, reasonably necessary to ensure that – all or part of the land is used for the purpose for which it is sold or transferred; and all or part of any associated land is used to enable residential premises on the land to be sold or leased to eligible persons or used to provide residential accommodation to eligible persons.

Without limiting the generality of subsection (5), the terms and conditions may include terms or conditions designed to effect all or any of the following purposes:restricting, during a specified period, dealings in all or part of the land and all or part of any associated land; requiring the construction, alteration, enlargement, repair or improvement, or the commencement of the construction, alteration, enlargement, repair or improvement, during a specified period, of residential premises on all or part of the land or on all or part of any associated land.