Document ID: chunk:federal_register_of_legislation:C2024A00138:clause:1_9:p3
Version: federal_register_of_legislation:C2024A00138
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 3/5)
Character Range: 15547–18261

premises; and
 (c) all of the dwellings and *common areas for the dwellings are owned by a single entity; and
 (d) the number of the dwellings that are *affordable dwellings is equal to or greater than:
 (i) 10% of the number of the dwellings; or
 (ii) if the number of dwellings worked out under subparagraph (i) is not a whole number—that number rounded down to the nearest whole number of dwellings; and
 (e) subsection (5) applies to each of the affordable dwellings.
Note: For the purposes of paragraph (a), a lease is still offered to the public for a period of 5 years or more even if a prospective tenant subsequently requests and the lessor accepts a shorter lease.
 (1A) For the purposes of subparagraphs (1)(a)(i) and (ii), the Minister may, by legislative instrument, determine requirements relating to the terms of the lease.
 (1B) For the purposes of subparagraphs (1)(a)(i) and (ii), disregard a requirement determined under subsection (1A) if complying with that requirement would contravene a law of a State or Territory.

Affordable dwellings
 (2) A *dwelling is an affordable dwelling if the requirements determined under subsection (3) in relation to the dwelling are met.
 (3) For the purposes of subsection (2), the Minister must, by legislative instrument, determine requirements relating to a dwelling. Without limiting this subsection, the requirements may include requirements relating to:
 (a) the rent payable under the lease for the dwelling; or
 (b) the income of the tenant or prospective tenant.
 (4) A reference in paragraph (1)(a) to the public in relation to a lease of a *dwelling is taken to be a reference to a segment of the public if:
 (a) the dwelling is an *affordable dwelling; and
 (b) requirements determined under subsection (3) require that the dwelling be tenanted, or be available to be tenanted, only to that segment of the public.
 (5) For the purposes of paragraph (1)(e), this subsection applies in relation to an affordable dwelling (the test dwelling) if:
where:
number of comparable affordable dwellings means the number of the dwellings (including the test dwelling) that:
 (a) are *affordable dwellings; and
 (b) have the same number of bedrooms as the test dwelling; and
 (c) have a floor area that is at least equal to the floor area of the test dwelling, but does not exceed 110% of that floor area.
number of comparable non‑affordable dwellings means the number of the dwellings that:
 (a) are not *affordable dwellings; and
 (b) have the same number of bedrooms as the test dwelling; and
 (c) have a floor area that is at least equal to the floor area of the test dwelling, but does not exceed 110% of that floor area.

Eligibility during construction