[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Help to Buy (Consequential Provisions)
Bill 2023
No. , 2023
(Treasury)
A Bill for an Act to deal with consequential matters
arising from the enactment of the
Help to Buy
Act
2023
, and for related purposes
No. , 2023
Help to Buy (Consequential Provisions) Bill 2023
i
Contents
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 1
3
Schedules ............................................................................................... 2
Schedule 1
--
Amendments
3
Housing Australia Act 2018
3
No. , 2023
Help to Buy (Consequential Provisions) Bill 2023
1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the
Help to Buy
Act
2
2023
, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Help to Buy (Consequential Provisions) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Help to Buy (Consequential Provisions) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
At the same time as the
Help to Buy Act
2023
commences.
However, the provisions do not commence
at all if that Act does not commence.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2023
Help to Buy (Consequential Provisions) Bill 2023
3
Schedule
1--Amendments
1
2
Housing Australia Act 2018
3
1 At the end of section 4
4
Add:
5
Note:
Housing Australia also has functions under the
Help to Buy Act 2023
.
6
Some, but not all, of the provisions of this Act apply in relation to the
7
Help to Buy functions.
8
2 Section 5
9
Insert:
10
Help to Buy functions
: Housing Australia
's
Help to Buy functions
11
are Housing Australia
's functions under the
Help to Buy Act 2023
,
12
to the extent that those functions are not also conferred on Housing
13
Australia by:
14
(a) this Act (disregarding paragraph 8(1)(ca) of this Act); or
15
(b) any Commonwealth law other than the
Help to Buy Act 2023
.
16
Help to Buy Program Directions
has the same meaning as in the
17
Help to Buy Act 2023
.
18
3 After paragraph 8(1)(c)
19
Insert:
20
(ca) the Help to Buy functions; and
21
4 Paragraph 8(1)(d)
22
After "Commonwealth law", insert "(other than the
Help to Buy Act
23
2023
)".
24
5 At the end of paragraph 8(1)(e)
25
Add "(other than the Help to Buy functions)"
.
26
6 At the end of section 8
27
Add:
28
Schedule 1
Amendments
4
Help to Buy (Consequential Provisions) Bill 2023
No. , 2023
(4) Subsection (3) does not apply in relation to the Help to Buy
1
functions.
2
Note:
For how Housing Australia must perform the Help to Buy functions,
3
see subsections 10(3), 15(2) and 20(2) of the
Help to Buy Act 2023
.
4
7 At the end of section 9
5
Add:
6
(3) This section does not apply in relation to the Help to Buy
7
functions.
8
Note:
For Housing Australia
's powers in relation to
the Help to Buy
9
functions, see sections 11, 16 and 21 of the
Help to Buy Act 2023
.
10
8 Subsection 12(1) (note)
11
After "Note", insert "1".
12
9 At the end of subsection 12(1)
13
Add:
14
Note 2:
For the Help to Buy functions, see subsection 14(2).
15
10 Section 14
16
Before "The Minister", insert "(1)".
17
11 At the end of section 14
18
Add:
19
(2) The Minister must not give a direction under subsection 12(1)
20
about the performance of the Help to Buy functions.
21
Note:
The Minister may give the Board directions about the Help to Buy
22
functions under Part 3 of the
Help to Buy Act 2023
.
23
12 Paragraph 16(1)(a)
24
After
"
Investment Mandate
"
, insert
"
and the Help to Buy Program
25
Directions
"
.
26
13 Subsection 36(4)
27
After
"
Division 2 of Part 2
"
, insert
"
of this Act, or Part 3 of the
Help to
28
Buy Act 2023
,
"
.
29
Amendments
Schedule 1
No. , 2023
Help to Buy (Consequential Provisions) Bill 2023
5
14 Section 47B
1
Repeal the section, substitute:
2
47B Credits to the Account
3
(1) There must be credited to the Account amounts equal to each
4
amount paid to the Commonwealth by Housing Australia that:
5
(a) is a repayment of:
6
(i) money debited from the Account; or
7
(ii) other money lent by the Commonwealth to Housing
8
Australia (whether as described in subsection 50(1) or
9
otherwise); and
10
(b) is paid in accordance with the Investment Mandate.
11
Note:
An Act appropriating money for expenditure out of the Consolidated
12
Revenue Fund may contain a provision to the effect that, if any of the
13
purposes of a special account is a purpose that is covered by an item in
14
such an Act (whether or not the item expressly refers to the special
15
account), then amounts may be debited against the appropriation for
16
that item and credited to that special account.
17
(2) To avoid doubt, subsection (1) does not apply to an amount paid to
18
the Commonwealth by Housing Australia under section 28 of the
19
Help to Buy Act 2023
.
20
15 At the end of section 48
21
Add:
22
(4) This section does not apply in relation to liabilities or defaults
23
under Help to Buy arrangements (within the meaning of the
Help
24
to Buy Act 2023
).
25
16 After subsection 49(4)
26
Insert:
27
(4A) For the purposes of subsection (4), disregard any profit or loss for
28
that year from Housing Australia
's
performance of the Help to Buy
29
functions.
30
Schedule 1
Amendments
6
Help to Buy (Consequential Provisions) Bill 2023
No. , 2023
17 Subsection 50(5)
1
Omit "or
Division 1
", substitute ",
Division 1 of this Part or Part 4 of
2
the
Help to Buy Act 2023
".
3
18 Subsection 53(1)
4
After
"
this Act
"
, insert
"
or the
Help to Buy Act 2023
"
.
5