17 September, 2026
The Hon. R.A. SIMMS (15:24): I rise to speak on behalf of the Greens in support of the Stamp Duties (Residential Purposes and Residential Land) Amendment Bill 2026 and to indicate, like the opposition, we will be supporting the bill. I note, as the Hon. Ben Hood has done, that it is irregular for a bill to move so rapidly through the parliament, but, like the opposition, the Greens have been persuaded of the urgency in relation to this matter and have therefore agreed, like the opposition, to expedite the passage of this bill.
The bill amends the Stamp Duties Act 1923 and the Stamp Duties Regulations 2013 to clarify the definition of 'residential' for the purposes of applying stamp duty. Put simply, in the context of recent changes to the planning system, it has become clear that the definition of residential property requires clear explanation in the Stamp Duties Act so that it appropriately reflects the administrative and policy position that residential properties attract stamp duty. This change will therefore align the definition and application between the planning system and stamp duty legislation.
I understand the current loophole before us could see a person who purchases land in a mixed-use zone submit a proposal for a commercial purpose and avoid paying stamp duty. They may subsequently build a house. Why should they avoid paying stamp duty in this particular situation? If a property is billed as a residential property it should be treated as a residential property for tax purposes. It is a very fair proposition. There are generous exemptions for properties that are used for business purposes already, but people should not be able to dodge paying taxes on a residential property simply because they retrospectively apply for the property to be treated as a place of business and not a residential dwelling.
This takes me to the amendment that I have tabled on behalf of the Greens, which closes another potential loophole in relation to short stay accommodation. It will remove any doubt that residential land is classified as residential, regardless of whether the property is later rented for the purposes of short stay accommodation, like Airbnb, short stay and the like. We are in the midst of a housing crisis, and we do not want to see a situation where there is an incentive for property owners to turn residential properties into short stay accommodation, such as Airbnbs, in order to minimise their tax.
South Australia has a housing problem. There is a lack of affordable and available rental properties. While there is a large range of policy levers that the government could take to address the housing crisis, and we would like them to do more—we would like them to cap rent prices in line with CPI, build more public housing and introduce a tax on vacant property—the amendment the Greens are moving today, while modest, makes it clear that residential properties are for residential purposes and it shuts down any potential pathway for someone to avoid paying stamp duty simply by having their property listed on a short stay platform.
I am also pleased that the Greens have negotiated a commitment from the government to finally progress the establishment of a short stay accommodation register in South Australia. Members of the chamber will be aware that I chaired a committee into the short stay sector here in South Australia, and one of the key recommendations from the Select Committee on Short Stay Accommodation Sector was that the government establish a short stay accommodation registration scheme. Such a scheme would require—and I quote from the report's recommendation 1:
…mandatory data reporting from both short stay accommodation operators and online booking platforms, with data to be shared by the state government with local government on a regular basis to inform planning and council rating decisions.
I welcome the fact that the government have made a commitment today to establish such a scheme. I also note that they have released a discussion paper which canvasses the opinions of key stakeholders and the broader community on the key recommendations of the parliamentary inquiry.
It is significant to note that that parliamentary inquiry made a series of recommendations that had the support of all political parties in the parliament. I recognise One Nation were not part of that—they did not have representation in the parliament at that time—but all other political parties were represented as part of that inquiry process and put forward some very sensible recommendations. I do want to thank the minister, the Hon. Michael Brown, for the leadership that he has shown in taking this up and moving for action on this important matter.
This, coupled with the Greens amendment to close the loophole in relation to land tax for residential property that is converted into short stay, I think represents an important suite of measures that will better regulate the short stay sector in our state. It will also ensure that we are not inadvertently incentivising people to move properties off the long-term rental market into the short stay sector.
I note that regulation of the sector will bring South Australia into line with other jurisdictions, improve conduct and provide valuable information that has the potential to inform government policy. The Greens therefore indicate we will be supporting the government's bill, subject to my amendments being successful.