Help to Buy (Commonwealth Powers) Act 2025
Help to Buy (Commonwealth Powers) Act 2025
Western Australia
Help to Buy (Commonwealth Powers) Act 2025
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Terms used2
4.Versions of the Help to Buy Act3
5.Act binds Crown4
Part 2 — Adoption of versions of Help to Buy Act
6.Adoption5
7.Amendment reference5
8.Commonwealth laws not otherwise affected6
9.Termination of adoption and amendment reference6
Part 3 — Miscellaneous
10.Certain provisions declared to be displacement provisions8
11.State’s objection to matters8
12.Regulations8
Part 4 — Consequential amendments
Division 1 — Duties Act 2008 amended
13.Act amended9
14.Section 9 amended9
15.Section 11 amended9
16.Chapter 2 Part 5 Division 10 inserted10
Division 10 — Help to Buy arrangements
91X.Transactions involving property to which Help to Buy arrangement relates10
Division 2 — First Home Owner Grant Act 2000 amended
17.Act amended10
18.Section 13B amended10
Division 3 — Keystart Act 2024 amended
19.Act amended11
20.Section 28A inserted11
28A.Disclosure of information to assist with Commonwealth Help to Buy program11
Division 4 — Land Tax Assessment Act 2002 amended
21.Act amended12
22.Section 45C inserted13
45C.Property to which Help to Buy arrangement relates13
Notes
Compilation table14
Defined terms
Help to Buy (Commonwealth Powers) Act 2025
An Act —
·to adopt specified versions of the Help to Buy Act 2024 (Commonwealth) as originally enacted and as subsequently amended by any amendments enacted by the Parliament of the Commonwealth from time to time before the day on which this Act comes into operation for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth; and
·to refer certain matters relating to the provision of Commonwealth financial assistance under a Help to Buy arrangement for the purpose of assisting individuals to buy a home to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth; and
·to make consequential amendments to —
·the Duties Act 2008; and
·the First Home Owner Grant Act 2000; and
·the Keystart Act 2024; and
·the Land Tax Assessment Act 2002;
and
·for related purposes.
This is the Help to Buy (Commonwealth Powers) Act 2025.
This Act comes into operation on the day on which it receives the Royal Assent.
(1)In this Act —
amendment matters means —
(a)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), 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 7(1);
express amendment, of the Help to Buy Act —
(a)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
(b)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 Help to Buy Act;
Help to Buy Act means the Help to Buy Act 2024 (Commonwealth);
Housing Australia has the same meaning as in the Housing Australia Act 2018 (Commonwealth);
primary version has the meaning given in section 4(2);
residual version has the meaning given in section 4(3).
(2)Unless the contrary intention appears, words defined in the Help to Buy Act and used in this Act have the same meaning in this Act as they have in the Help to Buy Act.
4.Versions of the Help to Buy Act
(1)The relevant version of the Help to Buy Act is that Act —
(a)as originally enacted; and
(b)as amended from time to time, until the earliest time that any provision of this Act commences.
(2)The primary version of the Help to Buy Act is the relevant version of that Act, excluding —
(a)Part 2 Divisions 2 and 3; and
(b)sections 24(1)(a)(ii), 25(3)(b) and (c) and 38.
(3)The residual version of the Help to Buy Act is the relevant version of that Act, excluding —
(a)Part 2 Divisions 1 and 3; and
(b)sections 24(1)(a)(i), 25(3)(a) and (c) and 38.
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Part 2 — Adoption of versions of Help to Buy Act
(1)The following are adopted within the meaning of section 51(xxxvii) of the Constitution of the Commonwealth —
(a)the primary version of the Help to Buy Act;
(b)the residual version of the Help to Buy Act.
(2)The operation of each paragraph of subsection (1) is not affected by the other paragraph.
(3)Each adoption has effect for the period —
(a)beginning when subsection (1) comes into operation; and
(b)ending at the end of the day fixed under section 9 as the day on which the adoption is to terminate.
(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 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 Help to Buy Act that requires approval of the State before certain things are done; or
(ii)the 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 the period —
(a)beginning when subsection (1) comes into operation; and
(b)ending at the end of the day fixed under section 9 as the day on which the amendment reference is to terminate.
8.Commonwealth laws not otherwise affected
To avoid doubt, it is the intention of the Parliament of the State that the Help to Buy Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of section 6 —
(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 Help to Buy Act or under a provision referred to in paragraph (a).
9.Termination of adoption and amendment reference
(1)The Governor may, at any time, by proclamation, fix a day as —
(a)the day on which the adoption of the primary version of the Help to Buy Act is to terminate; or
(b)if the adoption of the primary version of the Help to Buy Act has terminated — the day on which both of the following are to terminate —
(i)the adoption of the residual version of the Help to Buy Act;
(ii)the amendment reference;
or
(c)the day on which all of the following are to terminate —
(i)the adoption of the primary version of the Help to Buy Act;
(ii)the adoption of the residual version of the Help to Buy Act;
(iii)the amendment reference.
(2)The Governor may, by proclamation (a revoking proclamation), revoke a proclamation published under subsection (1).
(3)A revoking proclamation has effect only if published before the day fixed under subsection (1).
(4)If a revoking proclamation has effect, the revoked proclamation is taken never to have been made for the purposes of section 6(3) or 7(4).
(5)A revoking proclamation does not prevent the making of a further proclamation under subsection (1).
10.Certain provisions declared to be displacement provisions
The following provisions are Help to Buy program displacement provisions for the purposes of the Help to Buy Act section 42 —
(a)the Keystart Act 2024 Part 2 Division 2 and Part 3;
(b)the Housing Act 1980 Parts III and IV and Part V Division 2;
(c)any regulations made for the purposes of the provisions mentioned in paragraphs (a) and (b).
11.State’s objection to matters
(1)For the purposes of the Help to Buy Act section 46, the following notices may be given by the Minister on behalf of the State —
(a)a notice mentioned in section 46(1)(c) of that Act, or a notice withdrawing such a notice;
(b)a notice mentioned in section 46(4)(b) of that Act.
(2)After giving a notice under subsection (1), the Minister must ensure the notice is published in the Gazette as soon as practicable.
(3)The validity of a notice given under subsection (1) is not affected by a failure to publish the notice in the Gazette.
The Governor may make regulations prescribing matters —
(a)required or permitted by this Act to be prescribed; or
(b)necessary or convenient for giving effect to the purposes of this Act.
Part 4 — Consequential amendments
Division 1 — Duties Act 2008 amended
This Division amends the Duties Act 2008.
In section 9 insert in alphabetical order:
Help to Buy arrangement has the meaning given in the Help to Buy Act 2024 (Commonwealth) section 6;
Housing Australia has the same meaning as in the Housing Australia Act 2018 (Commonwealth);
In section 11(2):
(a)in paragraph (e) delete “section.” and insert:
section;
(b)after paragraph (e) insert:
(f)a declaration of trust over dutiable property in accordance with a Help to Buy arrangement;
(g)a transfer of beneficial interest in dutiable property from Housing Australia or the Commonwealth to a person under a Help to Buy arrangement;
(h)an agreement for the transfer of beneficial interest in dutiable property, whether conditional or not, from Housing Australia or the Commonwealth to a party to a Help to Buy arrangement in accordance with that arrangement.
16.Chapter 2 Part 5 Division 10 inserted
At the end of Chapter 2 Part 5 insert:
Division 10 — Help to Buy arrangements
91X.Transactions involving property to which Help to Buy arrangement relates
For the purposes of assessing duty chargeable under this Chapter, including the application of Part 6, any beneficial interest that Housing Australia or the Commonwealth has in dutiable property under a Help to Buy arrangement is to be disregarded.
Division 2 — First Home Owner Grant Act 2000 amended
This Division amends the First Home Owner Grant Act 2000.
(1)In section 13B delete “An” and insert:
(1)An
(2)At the end of section 13B insert:
(2)Subsection (1) does not apply if the applicant —
(a)holds part of the relevant interest as a trustee for the Commonwealth or Housing Australia under a Help to Buy arrangement; and
(b)does not otherwise hold any part of the relevant interest as a trustee.
(3)In subsection (2) —
Help to Buy arrangement has the meaning given in the Help to Buy Act 2024 (Commonwealth) section 6;
Housing Australia has the same meaning as in the Housing Australia Act 2018 (Commonwealth).
Division 3 — Keystart Act 2024 amended
This Division amends the Keystart Act 2024.
After section 28 insert:
28A.Disclosure of information to assist with Commonwealth Help to Buy program
(1)In this section —
Help to Buy program has the meaning given in the Help to Buy Act 2024 (Commonwealth) section 5;
Housing Australia has the same meaning as in the Housing Australia Act 2018 (Commonwealth).
(2)Keystart is authorised to disclose to Housing Australia, or another agency or authority of the Commonwealth involved in the administration of the Help to Buy program, the following information obtained in the administration of this Act —
(a)information about whether a person is seeking, or has been provided, financial assistance in connection with this Act;
(b)information about that assistance.
(3)If a disclosure of information is authorised under this section —
(a)no civil or criminal liability is incurred in respect of the disclosure; and
(b)the disclosure is not to be regarded as —
(i)a breach of any duty of confidentiality or secrecy imposed by law; or
(ii)a breach of professional ethics or standards or any principles of conduct applicable to a person’s employment; or
(iii)unprofessional conduct.
Division 4 — Land Tax Assessment Act 2002 amended
This Division amends the Land Tax Assessment Act 2002.
After section 45B insert:
45C.Property to which Help to Buy arrangement relates
(1)In this section —
Help to Buy arrangement has the meaning given in the Help to Buy Act 2024 (Commonwealth) section 6;
Housing Australia has the same meaning as in the Housing Australia Act 2018 (Commonwealth).
(2)For the purposes of determining whether, and to what extent, an exemption, concession or rebate applies in relation to property under Part 3, any beneficial interest that Housing Australia or the Commonwealth has in the property under a Help to Buy arrangement is to be disregarded.
(3)Subsection (4) applies if —
(a)a person —
(i)holds an interest in land on trust for the Commonwealth or Housing Australia under a Help to Buy arrangement; and
(ii)is the beneficial owner of other land;
and
(b)land tax is payable on both the trust land and the beneficially held land.
(4)For the purposes of section 11, land tax payable on the trust land and the beneficially held land is liable to be jointly assessed.
This is a compilation of the Help to Buy (Commonwealth Powers) Act 2025. For provisions that have come into operation see the compilation table.
|
Short title |
Number and year |
Assent |
Commencement |
|
Help to Buy (Commonwealth Powers) Act 2025 |
22 of 2025 |
19 Dec 2025 |
19 Dec 2025 (see s. 2) |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
amendment matters3(1)
amendment reference3(1)
express amendment3(1)
Help to Buy Act3(1)
Housing Australia3(1)
primary version3(1), 4(2)
relevant version4(1)
residual version3(1), 4(3)
revoking proclamation9(2)
© State of Western Australia 2025. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: ROGER JACOBS, Acting Government Printer