Help to Buy (Commonwealth Powers) Act 2025 (Vic)
Version No. 001
Help to Buy (Commonwealth Powers) Act 2025
No. 10 of 2025
Version as at
25 June 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
Part 2—Adoption of versions of the Commonwealth Help to Buy Act
4Adoption
5Commonwealth laws not otherwise affected
6Amendment reference
7Termination of adoption and amendment reference
8Effect of termination of amendment reference before termination of adoption of primary version or residual version
Part 3—Miscellaneous
9Declaring certain matters to be excluded matters
10State's objection to matters
11Regulations
Part 4—Consequential amendment of other Acts
Division 1—Amendment of Duties Act 2000
12New section 3IA inserted
13New section 55B inserted
Division 2—Amendment of First Home Owner Grant and Home Buyer Schemes Act 2000
14Definitions
15Protection of confidential information
Division 3—Amendment of Land Tax Act 2005
16New section 18C inserted
Division 4—Repeal of this Part
17Repeal of this Part
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Help to Buy (Commonwealth Powers) Act 2025
No. 10 of 2025
Version as at
25 June 2025
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to adopt specified provisions of the Help to Buy Act 2024 of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth; and
(b)to refer legislative power of the State in the form of an amendment reference to the Parliament of the Commonwealth to make amendments to the Help to Buy Act 2024 of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth; and
(c)to consequentially amend the Duties Act 2000, the First Home Owner Grant and Home Buyer Schemes Act 2000 and the Land Tax Act 2005.
2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Definitions
(1)In this Act—
adoption means the adoption under section 4(1)(a) or (b);
amendment matters—
(a)means 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—
(i)relates to residential property located in a State; and
(ii)is entered into while the State is a participating State; and
(b)without limiting paragraph (a), means matters relating to—
(i)entering into Help to Buy arrangements that satisfy the conditions mentioned in paragraph (a)(i) and (ii); and
(ii)administering Help to Buy arrangements of that kind; and
(iii)monitoring compliance with Help to Buy arrangements of that kind; and
(iv)doing anything incidental or conducive to anything mentioned in subparagraph (i), (ii) or (iii);
amendment reference means the reference of matters under section 6(1);
Commonwealth Help to Buy Act means the Help to Buy Act 2024 of the Commonwealth;
express amendment of the Commonwealth Help to Buy Act means the direct amendment of the text of that Act (whether by insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the Commonwealth Help to Buy Act;
Help to Buy arrangement has the same meaning as in the Commonwealth Help to Buy Act;
Housing Australia has the same meaning as in the Housing Australia Act 2018 of the Commonwealth;
primary version means the relevant version of the Commonwealth Help to Buy Act as originally enacted and as amended from time to time before the commencement of section 4, other than—
(a)Divisions 2 and 3 of Part 2 of that Act; and
(b)sections 24(1)(a)(ii), 25(3)(b) and (c) and 38 of that Act;
residual version means the relevant version of the Commonwealth Help to Buy Act as originally enacted and as amended from time to time before the commencement of section 4, other than—
(a)Divisions 1 and 3 of Part 2 of that Act; and
(b)sections 24(1)(a)(i), 25(3)(a) and (c) and 38 of that Act.
(2)Unless the contrary intention appears, words defined in the Commonwealth Help to Buy Act and otherwise used in this Act have the same meaning in this Act as they have in the Commonwealth Help to Buy Act.
PART 2—ADOPTION OF VERSIONS OF THE COMMONWEALTH HELP TO BUY ACT
4Adoption
(1)The following versions of the Commonwealth Help to Buy Act are adopted within the meaning of section 51(xxxvii) of the Constitution of the Commonwealth—
(a)the primary version;
(b)the residual version.
(2)The operation of each paragraph of subsection (1) is not affected by the other paragraph.
(3)The adoption has effect for a period—
(a)beginning when subsection (1) comes into operation; and
(b)ending at the end of the day fixed under section 7(1)(a) or (b).
5Commonwealth laws not otherwise affected
To avoid doubt, it is the intention of the Parliament of the State that the Commonwealth Help to Buy Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of section 4—
(a)by a provision of a Commonwealth Act the operation of which is based on legislative power that the Parliament of the Commonwealth has apart from under the amendment reference; and
(b)by a provision of an instrument made under the Commonwealth Help to Buy Act or under a provision referred to in paragraph (a).
6Amendment reference
(1)The amendment matters are referred to the Parliament of the Commonwealth, but only to the extent of making laws with respect to those matters by making express amendments of the Commonwealth Help to Buy Act.
(2)The reference in subsection (1) to making laws does not include making a law that would have the effect of—
(a)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
(b)substantively removing or overriding—
(i)a provision of the Commonwealth Help to Buy Act that requires approval of the State before certain things are done; or
(ii)the Commonwealth Help to Buy Act, section 41, 41A or 42.
(3)The reference of a matter under subsection (1) has effect only—
(a)if and to the extent that 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 Constitution of the Commonwealth); and
(b)if and to the extent that the matter is included in the legislative power of the Parliament of the State.
(4)The amendment reference has effect for a period—
(a)beginning when subsection (1) comes into operation; and
(b)ending at the end of the day fixed under section 7(1)(c).
7Termination of adoption and amendment reference
(1)The Governor in Council, at any time, by proclamation published in the Government Gazette, may fix a day on which—
(a)the adoption of any or all of the primary version is to terminate; or
(b)the adoption of any or all of the residual version is to terminate; or
(c)the amendment reference is to terminate.
(2)The Governor in Council, by proclamation published in the Government Gazette, may revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 4 or 6) never to have been made and published.
(3)A revoking proclamation made under subsection (2) has effect only if made and published before the day fixed under subsection (1).
(4)The revocation of a proclamation referred to in subsection (1) does not prevent the making and publication of a further proclamation under that subsection.
8Effect of termination of amendment reference before termination of adoption of primary version or residual version
(1)If the amendment reference terminates before the adoption of the primary version is terminated, the termination of the amendment reference does not affect—
(a)laws that were made under that reference before that termination (whether or not they have come into operation before that termination); or
(b)the continued operation in the State of the Commonwealth Help to Buy Act as in operation immediately before that termination or as subsequently amended or affected by—
(i)laws referred to in paragraph (a) that come into operation after that termination; or
(ii)provisions referred to in section 5.
(2)Accordingly, if the amendment reference terminates, it continues to have effect for the purposes of subsection (1) unless the adoption of the primary version is terminated.
(3)If the amendment reference terminates before the adoption of the residual version is terminated, the termination of the amendment reference does not affect—
(a)laws that were made under that reference before that termination (whether or not they have come into operation before that termination); or
(b)the continued operation in the State of the Commonwealth Help to Buy Act as in operation immediately before that termination or as subsequently amended or affected by—
(i)laws referred to in paragraph (a) that come into operation after that termination; or
(ii)provisions referred to in section 5.
(4)Accordingly, if the amendment reference terminates, it continues to have effect for the purposes of subsection (3) unless the adoption of the residual version is terminated.
PART 3—MISCELLANEOUS
9Declaring certain matters to be excluded matters
(1)The following matters are declared to be excluded matters for the purposes of section 41A of the Commonwealth Help to Buy Act in relation to the Help to Buy program—
(a)Part 2A of the First Home Owner Grant and Home Buyer Schemes Act 2000;
(b)the Victorian Homebuyer Fund scheme declared by notice in the Government Gazette on 16 September 2021 in accordance with section 34B of the First Home Owner Grant and Home Buyer Schemes Act 2000;
(c)the HomesVic scheme declared by notice in the Government Gazette on 22 June 2023 in accordance with section 34B of the First Home Owner Grant and Home Buyer Schemes Act 2000;
(d)any Victorian shared equity home buyer scheme including a scheme declared in accordance with section 34B of the First Home Owner Grant and Home Buyer Schemes Act 2000.
(2)The declaration of a matter to be an excluded matter under subsection (1) for the purposes of section 41A of the Commonwealth Help to Buy Act applies only to the extent to which the excluded matter would, but for this section, be inconsistent with the Commonwealth Help to Buy Act in relation to the Help to Buy program.
10State's objection to matters
(1)For the purposes of section 46(1) of the Commonwealth Help to Buy Act, the Minister on behalf of the State, by notice given to the Commonwealth Minister during either the minimum consultation period or the extended consultation period, may object to a matter for the purposes of the Commonwealth Help to Buy Act.
(2)After giving notice to the Commonwealth Minister under subsection (1), the Minister must ensure the notice is published in the Government Gazette as soon as practicable.
(3)A notice under subsection (1) is to be taken as constituting the State's objection to a matter for the purposes of the Commonwealth Help to Buy Act.
(4)The Minister on behalf of the State, by notice given to the Commonwealth Minister, may withdraw an objection to a matter under subsection (1).
(5)After giving notice to the Commonwealth Minister under subsection (4), the Minister must ensure the notice is published in the Government Gazette as soon as practicable.
(6)A notice under subsection (4) is to be taken as constituting the State's withdrawal of an objection to a matter for the purposes of the Commonwealth Help to Buy Act.
(7)For the purposes of section 46(4) of the Commonwealth Help to Buy Act, the Minister on behalf of the State, by notice given to the Commonwealth Minister during the minimum consultation period, may require an additional 15 business days to consider a matter for the purposes of the Commonwealth Help to Buy Act.
(8)After giving notice to the Commonwealth Minister under subsection (7)—
(a)the Minister must ensure the notice is published in the Government Gazette as soon as practicable; and
(b)the extended consultation period applies for the purposes of giving notice to the Commonwealth Minister under subsection (1).
(9)The validity of a notice given to the Commonwealth Minister under subsection (1), (4) or (7) is not affected by a failure to publish the notice in the Government Gazette.
(10)In this section—
Commonwealth Minister means the Minister referred to in section 46 of the Commonwealth Help to Buy Act.
11Regulations
The Governor in Council may make regulations for or with respect to anything required or permitted by this Act to be prescribed or that is necessary or convenient to be prescribed to give effect to this Act.
PART 4—CONSEQUENTIAL AMENDMENT OF OTHER ACTS
Division 1—Amendment of Duties Act 2000
12New section 3IA inserted
After section 3I of the Duties Act 2000 insert—
"3IA Purchasers of dutiable property under a Help to Buy arrangement
(1)For the purposes of assessing duty chargeable under this Chapter, including the application of any exemptions or concessions, on a transfer of land to a person who purchases the land under a Help to Buy arrangement, no account is to be taken of any beneficial ownership the Commonwealth or Housing Australia has in the land.
(2)In this section—
Help to Buy arrangement has the same meaning as in the Help to Buy Act 2024 of the Commonwealth;
Housing Australia has the same meaning as in the Housing Australia Act 2018 of the Commonwealth.".
13New section 55B inserted
After section 55A of the Duties Act 2000 insert—
"55B Commonwealth Help to Buy arrangements
(1)No duty is chargeable under this Chapter in respect of a change in beneficial ownership resulting from an owner of land purchased under a Help to Buy arrangement paying money to the Commonwealth or Housing Australia under the arrangement.
(2)In this section—
Help to Buy arrangement has the same meaning as in the Help to Buy Act 2024 of the Commonwealth;
Housing Australia has the same meaning as in the Housing Australia Act 2018 of the Commonwealth.".
Division 2—Amendment of First Home Owner Grant and Home Buyer Schemes Act 2000
14Definitions
In section 3(1) of the First Home Owner Grant and Home Buyer Schemes Act 2000 insert the following definitions—
"Chief Executive Officer of Housing Australia has the same meaning as CEO has in the Housing Australia Act 2018 of the Commonwealth;
Help to Buy arrangement has the same meaning as in the Help to Buy Act 2024 of the Commonwealth;".
15Protection of confidential information
After section 50(4)(cb)(vi) of the First Home Owner Grant and Home Buyer Schemes Act 2000 insert—
"(vii)the Chief Executive Officer of Housing Australia for the purposes of confirming that an applicant or participant in a Help to Buy arrangement is not an applicant or participant in a home buyer scheme within the meaning of Part 2A; or".
Division 3—Amendment of Land Tax Act 2005
16New section 18C inserted
After section 18B of the Land Tax Act 2005 insert—
"18C Owners of land under a Help to Buy arrangement
(1)For the purposes of assessing land tax, including the application of any exemptions or concessions, on land purchased under a Help to Buy arrangement, no account is to be taken of any interest the Commonwealth or Housing Australia has in the land.
(2)In this section—
Help to Buy arrangement has the same meaning as in the Help to Buy Act 2024 of the Commonwealth;
Housing Australia has the same meaning as in the Housing Australia Act 2018 of the Commonwealth.".
Division 4—Repeal of this Part
17Repeal of this Part
This Part is repealed on the first anniversary of its commencement.
Note
The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 19 February 2025
Legislative Council: 6 March 2025
The long title for the Bill for this Act was "A Bill for an Act to adopt specified provisions of the Help to Buy Act 2024 of the Commonwealth, to refer legislative power of the State in the form of an amendment reference to the Parliament of the Commonwealth to make amendments to the Help to Buy Act 2024 of the Commonwealth, to make consequential amendments to other Acts and for other purposes."
The Help to Buy (Commonwealth Powers) Act 2025 was assented to on 8 April 2025 and came into operation on 25 June 2025: Special Gazette (No. 322) 24 June 2025 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Help to Buy (Commonwealth Powers) Act 2025 by Acts and subordinate instruments.
3 Explanatory details
No entries at date of publication.
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