Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p32
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 32/54)
Character Range: 1169884–1172581

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
 (6) Dwellings of a building are taken to satisfy subsection (1) at a particular time if:
 (a) one or more of the dwellings is not tenanted, and not available to be tenanted, at that time as mentioned in paragraph (1)(a) because of:
 (i) construction of an extension, alteration or improvement to any of the dwellings or the building; or
 (ii) the making of repairs to any of the dwellings or the building; and
 (b) the dwellings satisfied subsection (1) just before paragraph (a) of this subsection began to apply; and
 (c) it is reasonable to expect that the dwellings will satisfy subsection (1) when the construction or repairs are completed.

Commissioner's discretion
 (7) The Commissioner may determine that *dwellings of a building are taken to satisfy one or more of paragraphs (1)(a), (d) and (e) (the eligibility criteria) at all times during a particular period, if:
 (a) the entity that owns the dwellings applies to the Commissioner in the *approved form; and
 (b) the Commissioner is satisfied of the following:
 (i) the dwellings did not otherwise satisfy the eligibility criteria at all times during the period due to events outside the control of the entity;
 (ii) the entity took all reasonable steps to ensure that the dwellings would satisfy the eligibility criteria as soon as practicable;
 (iii) at the time of the determination, the dwellings satisfy the eligibility criteria;
               (iv) at the time of the determination,