Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p31
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 31/54)
Character Range: 1167380–1170086

to the Commissioner.
 (7) The choice is taken to be made on the following day:
 (a) if:
 (i) the owner nominates a day in the choice; and
 (ii) the Commissioner receives the choice before the nominated day;
  the nominated day; or
 (b) otherwise—the day the Commissioner receives the choice.

43‑153  Build to rent developments—eligibility
 (1) For the purposes of section 43‑152, *dwellings of a building satisfy this subsection at a particular time if, at that time:
 (a) each of the dwellings is:
 (i) available to the public to be tenanted by way of lease for a period of 5 years or more in accordance with any requirements determined under subsection (1A); or
 (ii) being tenanted by way of lease as a result of being made available to the public to be tenanted by way of lease for a period of 5 years or more in accordance with any requirements determined under subsection (1A); and
 (b) all of the dwellings are:
 (i) *residential premises; and
 (ii) *taxable Australian real property; and
 (iii) not *commercial residential 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: