Document ID: chunk:federal_register_of_legislation:C2025C00127:section:34
Version: federal_register_of_legislation:C2025C00127
Segment Type: section
Provision Reference: s 34
Character Range: 32421–34540

34  Meaning of amendment matters

Meaning of amendment matters
 (1) For the purposes of this Division, the amendment matters are the matters covered by subsection (2).
 (2) Subject to subsection (3), this subsection covers the following matters, to the extent of making laws with respect to those matters by making express amendments of this Act:
 (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;
 (b) without limiting paragraph (a)—matters relating to:
 (i) entering into Help to Buy arrangements that satisfy the conditions in subparagraphs (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).
 (3) A reference in subsection (2) to making laws does not include a reference to making laws 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 this Act that requires approval of the State before certain things are done; or
 (ii) section 41, 41A or 42 of this Act.

Meaning of express amendment
 (4) Subject to subsection (5), express amendment is the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter).
 (5) To avoid doubt, the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act is not express amendment.

Subdivision C—Definitions of participating, cooperating and withdrawn States