City Area Leases Act 1963 (ACT)

1963. City Area Leases. No. 18.

CITY AREA LEASES.

No. 18 of 1963.

A n Ordinance to amend the City Area Leases

Ordinance 1936-1961.

1.—(1.) This Ordinance may be cited as the City Area Leases Ordinance 1963.*

(2.) The City Area Leases Ordinance 1936-1961f is in this Ordinance referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordi- nance, may be cited as the City Area Leases Ordinance 1936-1963.

2. Section thirteen of the Principal Ordinance is amended by omitting sub-sections (3.) to (7.) (inclusive) and inserting in their stead the following sub-sections:—

" (3.) The Minister may, by order under his hand, direct that the right to bid at a specified auction for the rights to the grant of leases of specified parcels of land shall be restricted to persons included in a specified class of persons.

" (3A.) In an order under the last preceding sub-section, the Minister may direct that a person included in the specified class of persons shall not be entitled to obtain, at the auction specified in the order, the right to the grant of a lease of more than one of the parcels of land specified in the order.

No. 18, 1950; No. 8, 1951; No. 18, 1957; No. 21, 1959; and No. 12, 1961.

" (4.) The Minister may, by order under his hand, direct that a person shall not be entitled to obtain, at a specified auction, the rights to the grant of leases of more than a specified number of specified parcels of land.
" (5.) The Minister shall cause notice of the holding of an auction to be published in the Gazette at least fourteen days before the date of the auction and, where he has made an order under sub-section (3.) or (4.) of this section in relation to the auction, shall also cause a copy of the order to be pub- lished in the Gazette at least fourteen days before the date of the auction.

• Made on 13th September, 1963; notified in the Commonwealth Gazette and commenced on

19th September, 1963.

t Ordinance No. 31, 1936, as amended by Nos. 38 and 40, 1936: No. 21, 1938; No. 14, 1947;

No. 18. City Area Leases. 1963.

" (6.) At an auction in relation to which the Minister has made an order under sub-section (3.) of this section that includes a direction as provided for by sub-section (3A.) of this section—

(a) a person who becomes the successful bidder for the right to the grant of a lease of one parcel of land specified in the order ceases to be eligible to make further bids at the auction;

(b) a bid for the right to the grant of a lease of a parcel of land specified in the order made by a person other than a person included in the class of persons specified in the order is not an effective bid; and

(c) a bid for the right to the grant of a lease of a parcel of land specified in the order made by a person included in that class of persons who has ceased to be eligible to make further bids at the auction is not an effective bid.

" (7.) At an auction in relation to which the Minister has made on order under sub-section (4.) of this section—

(a) a person who becomes the successful bidder for the rights to the grant of leases to the number, specified in the order, of the parcels of land specified in the order ceases to be eligible to make further bids at the auction; and

(b) a bid made by a person who has ceased to be eligible to make further bids at the auction is not an effective bid.".

3 . After section twenty-eight A of the Principal Ordinance the following sections are inserted:—

" 28B.—(1 . ) This section applies to and in relation to the lease of a parcel of land specified in an order made by the Minister under sub-section (3.) of section thirteen of this Ordinance (being an order that includes a direction as pro- vided for by sub-section (3A. ) of that section) granted to the successful bidder for the right to the lease at the auction specified in the order.

" (2.) Except as provided by this section, a transaction entered into, without the consent of the Minister, before the expiration of the prescribed period after the date of commence- ment of a lease to which this section applies by virtue of which a person—

(a) takes a transfer or assignment of the lease;

1963. City Area Leases. No. 18.

(b) purchases the lease or an interest in the lease;

(c) takes an option for the purchase of the lease or an

interest in the lease;

(d) otherwise acquires the lease or an interest in the

lease; or

(e) acquires, whether by virtue of a sub-lease or other- wise, the right to occupy the parcel of land held under the lease or a part of that parcel, for a period, whether with or without a right of occu- pation for a further period or further periods, or at will,

contravenes this section and is void and of no effect.

(3.) Nothing in the last preceding sub-section prevents—

(a) the acquisition of a lease by way of gift;

(b) the acquisition of a lease on sale under a writ or

warrant of execution issued out of a court;

(c) the vesting in the personal representative of a deceased person, in his capacity as such, of a lease or an interest in a lease;

(d) any transaction that vests a lease, or an interest in a lease, in a trustee of the estate of a deceased person, in a trustee in bankruptcy or in a new trustee under an instrument, in his capacity as trustee;

(e) a transaction that is without consideration in money

or money's worth and the purpose of which is

person beneficially entitled to the lease or interest	to vest a lease, or an interest in a lease, in a
under or by virtue of a will or intestacy;

(/) the execution of a deed of assignment under Part
XI. of the Bankruptcy Act 1924-1960, or of a

deed of arrangement under Part XII. of that Act;

(g) a transaction—

(i) by way of discharge of a mortgage or

sub-mortgage; or

(ii) by way of transfer or assignment of a mortgage to a guarantor who, in pur- suance of the terms of his guarantee, has repaid the whole or part of the moneys due under the mortgage.

No. 18. City Area Leases. 1963.

" (4.) Consent may be given to a transaction referred to in sub-section (2.) of this section if it is not reasonably prac- ticable for the lessee of the parcel of land to which the transaction relates to occupy the parcel—

(a) by reason of a change in the place at which he is carrying on business or is employed having occurred after he became the lessee of the parcel of land;

(b) for a reason related to the health of the lessee or a member of his family or otherwise related to his family; or

(c) by reason of some other event related to the lessee or his family having occurred after he became the lessee of the parcel of land.

" (5.) The consent of the Minister to a transaction may
be given by the Minister personally or by a person authorized
by the Minister to consent to transactions under this section.

" (6.) Where a person, other than the Minister, refuses to consent to a transaction referred to in sub-section (2.) of this section, the applicant for the consent may request the Minister to review that refusal.

" (7.) A request under the last preceding sub-section

shall—

(a) be in writing;
(b) state the grounds for the request; and

(c) be lodged with, or served by post on, the Minister

or the Secretary to the Department of the

Interior.

" (8.) The Minister, after consideration of the grounds stated in the request, the application made for consent to the transaction and any information furnished in support of that	application, and after making any further enquiries he thinks
fit, may consent or refuse to consent to the transaction.
" (9.) The decision of the Minister under the last pre- ceding sub-section is final.
" (10.) For the purposes of this section, ' the prescribed period', in relation to a lease of a parcel of land, means—

(a) in the case of a transaction of a kind referred to in paragraph (e) of sub-section (2.) of this sec- tion—the period specified in relation to the parcel in the order made by the Minister under section thirteen of this Ordinance in which the parcel was specified; or

(b) in any other case—a period of five years.

1963. City Area Leases. No. 18. 721

of the last preceding section has been entered into subject to tmasactioat- "28c . Where a transaction referred to in sub-section (2.) Prohibited

the consent of the Minister being obtained—

(a) the transaction shall not be taken to contravene that section if the consent of the Minister is, upon application made within three months after the date of the transaction, given to the transac- tion within six months after that date; and

(b) the transaction does not have any effect unless the consent of the Minister is given to the trans- action or until that consent is given to the transaction.

" 28D. Where a person— contracts to

* * • evade

(a) enters into a contract or agreement purporting to prohibited	do, whether presently or at some future time, or tIan5actlon,•
upon the happening of a contingency, anything referred to in paragraphs (a) to (e) (inclusive) of sub-section (2.) of section twenty-eight B of this Ordinance; or

(b) enters into a transaction, or makes a contract or arrangement, whether orally or in writing, for the purpose of or which has the effect of, in any way, whether directly or indirectly, defeating, evading, avoiding or preventing the operation of section twenty-eight B of this Ordinance in any respect,

the contract, agreement or transaction contravenes this section

and is void and of no effect.

the Real Property Ordinance may, upon submission to him for reiatî to1* " 28E.—(1 . ) The Registrar of Titles for the purposes of Registration of

registration of an instrument relating to a transaction in con- {SSScttooi.
nexion with a lease to which section twenty-eight B of this
Ordinance applies, require such evidence as he deems necessary

that the transaction to which the instrument relates is not in contravention of that section or of the last preceding section, and may refuse to register the instrument until that evidence is submitted to him.

" (2.) Notwithstanding section twenty-eight B of this Ordi- nance or the last preceding section, where an instrument relating to a transaction that is in contravention of either of those sections is registered under the Real Property Ordinance, a person who becomes registered as proprietor of an estate or interest in land under the Real Property Ordinance by virtue of the registration of the instrument has, subject to the pro- visions of the Real Property Ordinance, a good and valid title to the estate or interest in the land.

2492/64.—II.—6

722 No. 18. City Area Leases. 1963.

Recovery of " 2 8 F . — ( 1 . ) Where moneys have been paid under or in

payments • • •% • , . • * -, • - •

under void	connexion with a transaction that is void by virtue of section
transaction.	twenty-eight B or twenty-eight D of this Ordinance, an amount equal to the moneys so paid is recoverable in a court of com- petent jurisdiction from the person to whom or on whose account the moneys were paid, or from the estate of that person, as a debt due to the person by whom or on whose account the moneys were paid.
" (2.) Moneys shall not be taken not to have been paid under or in connexion with a transaction for the purposes of the last preceding sub-section by reason only of the fact that the transaction was entered into subject to the consent of the Minister being obtained and the moneys were paid before the Minister refused to consent to the transaction.
Fai»e	" 28G. A person shall not make to the Minister or to a person authorized by the Minister to give consents under section twenty-eight B of this Ordinance a statement, whether oral or in writing, relating to an application for consent to a trans- action under that section, that is, to the knowledge of the person, false or misleading in a material particular.
statement.

Penalty: One hundred pounds.".