City Area Leases Act (No 2) 1968 (ACT)

CITY AREA LEASES (NO. 2)

No. 28 of 1968

An Ordinance to amend the City Area Leases Ordinance

1936-1967, as amended by the City Area Leases Ordinance

1968.

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

Ordinance (No. 2) 1968.*

(2.) The City Area Leases Ordinance 1936-1966,t as amended by the City Area Leases Ordinance 1968,t is in this Ordinance referred to as the Principal Ordinance.

(3.) Section 1 of the City Area Leases Ordinance 1968 is amended

by omitting sub-section (2.).

(4.) The Principal Ordinance, as amended by this Ordinance, may

be cited as the City Area Leases Ordinance 1936-1968.

2.    Section 8A of the Principal Ordinance is amended—

(a) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

" (2.) Subject to this section, land to which this section applies shall not be used, and the lease of the land shall not be taken to authorize the land to be used, for the sale of goods by retail.";

(b)	by omitting paragraphs (a) and (b) of sub-section (3.) and inserting in their stead the following paragraph:—
" ( a ) for the sale of goods by retail;"; and

(c) by omitting sub-section (4.) and inserting in its stead the following sub-sections:—

} Ordinance N o . 3, 1968.

" (4.) The use of land to which this section applies, or of a building erected on land to which this section applies, for the retail sale of—

(a)	goods (not being food-stuffs, non-alcoholic beverages or new clothing) that have been manu­ factured or processed on the land or in the building;
(b)	building materials, building equipment, building supplies or general hardware;
(c)	other goods ordinarily sold by sellers of goods specified in the last preceding paragraph;

* Made on 13 December 1968; notified in the Commonwealth Gazette and commenced on 19 December 1968. t 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; and N o . 13, 1967.

(d) agricultural, garden or farm equipment or supplies;

(e) petrol, oil or other petroleum products;

(f)	motor vehicles, trailers, caravans, boats or machinery; or
(g)	parts or accessories for goods specified in the last preceding paragraph,

does not contravene either of the last two preceding sub­

sections or the lease of the land.

" (4A.) The use of a building erected on land to which

this section applies for the retail sale of—

(a) food-stuffs or non-alcoholic beverages of a kind commonly known as confectionery or refresh­ ments;

(6) any other kind of food-stuffs or non-alcoholic beverages that have been manufactured or pro­ cessed on the land or in the building; or

(c) goods (not being food-stuffs, non-alcoholic beverages, new clothing or goods the retail sale of which does not, by virtue of the last preceding sub-section, contravene sub-section (2.) or (3.) of this section) that have been stored in bulk in the building pending their sale and distribution to persons engaged in retail trade elsewhere than on that land,

does not contravene sub-section (2.) or (3.) of this section, or the lease of the land, if the floor area of the building does not exceed five hundred square feet or if the goods are sold or are displayed with a view to being sold in a part only of the building, being a part having a floor area that does not exceed five hundred square feet.".

3. Section 19 of the Principal Ordinance is amended by inserting

after sub-section (6.) the following sub-section:—

" (6A.) W h e r e ­

to) a mortgage executed in pursuance of this section (whether before or after the commencement of this sub-section) makes provision for the acceptance of an instalment with­ out further interest if the instalment is paid on or before the due date for its payment; and

(b) an instalment was, before that commencement, or is, after that commencement, paid after the due date for its pay­ ment,

the Minister may, if in his opinion it is desirable to do so, waive on behalf of the Commonwealth payment of the whole or part of the further interest that would, but for the waiver, be payable under the mortgage in respect of that instalment.".