City Area Leases Act 1976 (ACT)

No. 12 of 1976

AN ORDINANCE

To amend the City Area Leases Ordinance 1936-1975.

I, T H E GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the follow­ ing Ordinance under the Seat of Government (Administration) Act 1910-1973.

Dated this twenty-third day of March 1976.

JOHN R. KERR

Governor-General.

By His Excellency's Command,

A. A. STALEY,

Minister of State for the Capital Territory.

CITY AREA LEASES ORDINANCE 1976

1 . ( 1 ) This Ordinance may be cited as the City Area Leases Ordin­

ance 1976.*

(2) The City Area Leases Ordinance 1936-1975,t is in this Ordin­ ance referred to as the Principal Ordinance.

(3) The Principal Ordinance, as amended by this Ordinance, may be cited as the City Area Leases Ordinance 1936-1976.

2. Section 9 of the Principal Ordinance is repealed and the following section is substituted:—

" 9. (1) A person shall not use land included in a lease or a building, or part of a building, erected on that land, for any purpose other than a purpose authorized by or under the lease.

1974; and N o . 32, 1975.

Penalty: A fine not exceeding $1,000 for a first offence and $10,000 for any subsequent offence.
" (2) Proceedings for an offence against sub-section (1) shall not be instituted except with the consent in writing of the Minister or of a person authorized by the Minister, by writing under his hand, to give such consents.
" (3) In the application of sub-section (1) to, and in relation to,
the use of a building or part of a building that is erected on land included

in a lease, if the purposes for which the building or part is authorized

* Notified in the Australian Government Gazette on 29 March 1976.

Ordinance N o . 31, 1936, as amended by Nos . 38 and 40, 1936; N o . 21 , 1938; N o . 14, 1947; N o . 18, 1950; N o . 8, 1951; N o . 18, 1957; N o . 21 , 1959; N o . 12, 1961; N o . 18, 1963; N o . 7, 1964; N o . 19, 1966; No. 13,1967- Nos. 3 and 28, 1968; N o . 25, 1969; N o . 45, 1970; N o . 11, 1971; Nos . 3 and 58, 1973; Nos . 13, 19, 25, 50 and 56',

t

to be used are specified in, or are determined under, the lease, references to a purpose authorized by or under the lease shall be read as references to a purpose included in the purposes so specified or determined.".

3. Section 9A of the Principal Ordinance is repealed.

4 . Section 9B of the Principal Ordinance is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:—

" (1) The Secretary, or a person authorized in writing by the Secretary, may serve, by post or otherwise, a notice in writing on a person who is the lessee of land included in a lease, which requires the person to furnish to the Secre­ tary, on or before a date specified in the notice, being a date not earlier than fourteen days after the date on which the notice is served, or within such further period as the Secretary or the person so authorized allows, a statement, under his hand, stating—

(a)	whether the land or a building erected on the land or, where the notice specified a part of the land or building, that part was, at a date specified in the notice, subject to a sub-lease and, if so, the name of the sub-lessee or each sub-lessee, as the case may be; and
(b)	whether the land or a building erected on the land or, where the notice specified a part of the land or building, that part was, at a date specified in the notice, occupied or used by a person other than the lessee or a sub-lessee and, if so, the name of the person or each person, as the case may be.";

(b) by omitting the words " Two hundred " from the penalty at the foot of sub-section (3) and substituting the words " One thousand "; and

(c)	by adding the following sub-sections after sub-section
(3 ) :—
" ( 4 ) In any proceedings for an offence against sub­ section (3) arising out of the refusal or failure of a person to furnish a statement to the Secretary, a certificate, under the hand of the Secretary, stating—

(a)	that a notice for the purpose of sub-section (1) was sent on a specified date, under prepaid post, to the defendant at his last known address;
(b)	that the defendant failed to furnish a statement to the Secretary in accordance with the requirement of the notice; and
(c)	that the document annexed to the certificate is a copy of that notice,

is evidence of the matters stated.

" (5) A document annexed to a certificate shall bear an endorsement under the hand of the Secretary, identifying it as the copy referred to in the certificate.".