Document ID: chunk:federal_register_of_legislation:C2025C00127:section:42d
Version: federal_register_of_legislation:C2025C00127
Segment Type: section
Provision Reference: s 42D
Character Range: 46338–47523

42D  Modification of Help to Buy program
 (1) Subject to subsection (3) of this section, the Minister may, by legislative instrument, modify the operation of the Help to Buy program if the Minister is satisfied that modification is necessary or desirable because of the effect of section 41A or 42 on the operation of a provision of the Help to Buy program.
 (2) To avoid doubt:
 (a) without limiting subsection (1) of this section, the Minister may make an instrument under that subsection because of an effect that section 41A or 42 might or will have in the future; and
 (b) a modification made by such an instrument must not commence before section 41A or 42 begins to have that effect.
 (3) To avoid doubt, a legislative instrument made under subsection (1) of this section may not do the following:
 (a) create an offence or civil penalty;
 (b) provide powers of:
 (i) arrest or detention; or
 (ii) entry, search or seizure;
 (c) impose a tax;
 (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
 (e) directly amend the text of this Act;
 (f) substantively remove or override section 41A or 42.

Division 3—Other matters